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FactFinder 12 helps NASCAR fan get lasting tribute

November 09, 2011|By Melissa Scheffler | KWCH 12 Eyewitness News

(WICHITA, Kan.) — Gale Scarborough just buried his 47-year-old son.  Jerry "Robby" Adams died of colon cancer.  He left behind a wife and two kids.  Among the tough decisions Scarborough had to make, choosing his son's headstone was not difficult at all.

"I just wanted flags, NASCAR, and then what this says,” Scarborough said.

Ever since he was a kid, Robby loved racing. Even when he had a tough day fighting cancer, he never missed a race.

"A lot of the time he would fall to sleep. But he would have it recorded so he could watch it when he did feel good,” Scarborough said.

Since NASCAR is trademarked, Scarborough needed permission to use it on his son's headstone. So, the funeral home director made some calls to NASCAR.

"They finally called back and said no, that can't happen, we can't do that for you."

So we called NASCAR. A spokeswoman was shocked. She said this shouldn't be a problem. It's not an uncommon request.  And, NASCAR is happy to help its fans.  In fact, the spokeswoman says NASCAR will investigate why this request was denied in the first place.

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NASCAR called Scarborough during our interview.

"She faxed it to them and they have it right now at the monument company.  So it's done,” Scarborough said.

Now, it's just a matter of time before his son's headstone is finished.

"I hope it doesn't happen to anybody again,” Scarborough said. And, it will be the way this father wanted it done.

Full Statement from NASCAR

“It is not unusual for the National Association for Stock Car Auto Racing, Inc. (“NASCAR”) to receive requests seeking authorization for use of the NASCAR trademark.  While NASCAR is not in a position to authorize every request it receives for use of its intellectual property, we truly value our fans, and make every effort to accommodate their requests.  

When a fan’s family members requests approval to use the NASCAR mark on a loved one’s headstone, NASCAR willingly provides authorization for a one-time use of its world-famous trademark by the memorial facility responsible for engraving that fan’s headstone.

In this instance, NASCAR Legal has spoken with Gale Scarborough, assuring him that NASCAR will provide the necessary authorization for his son, Jerry Adams, to have a headstone displaying the NASCAR mark.”

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