AT&T Says Name Change Not Mentioned
Stating that NASCAR rejected a proposed paint scheme and that the company had not been told that it could not change the name on the car, AT&T is seeking a temporary injunction as well as a permanent injunction for it to put its logo on the No. 31 Richard Childress Racing Nextel Cup car.
The suit, filed Friday in U.S. District Court in Atlanta, also asks for unspecified damages as it alleges, among other things, that "NASCAR has violated the implied covenant of good-faith and fair dealing in the Cup Series agreement by its purposeful attempt to exclude Plaintiff from NASCAR."
AT&T and Cingular finalized a merger in December and plans to cease using the Cingular name. AT&T then submitted a proposed paint scheme to NASCAR, which was rejected in January, apparently because of Nextel's sponsorship of the premier series, states the suit. The paint scheme only had the AT&T trademark logo on the rear quarter panel.
In its complaint, AT&T says that when it was negotiating the Nextel contract in 2003, NASCAR never mentioned that Cingular would not be able to change its name, only that it could not increase its branding presence and could not move to another team. AT&T said Cingular has invested more than $100 million in the seven years of sponsorship of the No. 31 car, a contract that is scheduled to expire at the end of this year.
"NASCAR met with plaintiff in June 2003 and promised to 'grandfather' Plaintiff as a NASCAR sponsor, provided only that Plaintiff (1) did not increase its brand position on the vehicle or (2) shift to another race team," the complaint states. NASCAR not only made this pledge to Plaintiff, but also incorporated it into its agreement with RCR and, on information and belief, Sprint Nextel."
In essence, AT&T is arguing that NASCAR has changed its requirements, one which Cingular (now AT&T) relied on when deciding to commit to the NASCAR program.(scenedaily.com)
Stating that NASCAR rejected a proposed paint scheme and that the company had not been told that it could not change the name on the car, AT&T is seeking a temporary injunction as well as a permanent injunction for it to put its logo on the No. 31 Richard Childress Racing Nextel Cup car.
The suit, filed Friday in U.S. District Court in Atlanta, also asks for unspecified damages as it alleges, among other things, that "NASCAR has violated the implied covenant of good-faith and fair dealing in the Cup Series agreement by its purposeful attempt to exclude Plaintiff from NASCAR."
AT&T and Cingular finalized a merger in December and plans to cease using the Cingular name. AT&T then submitted a proposed paint scheme to NASCAR, which was rejected in January, apparently because of Nextel's sponsorship of the premier series, states the suit. The paint scheme only had the AT&T trademark logo on the rear quarter panel.
In its complaint, AT&T says that when it was negotiating the Nextel contract in 2003, NASCAR never mentioned that Cingular would not be able to change its name, only that it could not increase its branding presence and could not move to another team. AT&T said Cingular has invested more than $100 million in the seven years of sponsorship of the No. 31 car, a contract that is scheduled to expire at the end of this year.
"NASCAR met with plaintiff in June 2003 and promised to 'grandfather' Plaintiff as a NASCAR sponsor, provided only that Plaintiff (1) did not increase its brand position on the vehicle or (2) shift to another race team," the complaint states. NASCAR not only made this pledge to Plaintiff, but also incorporated it into its agreement with RCR and, on information and belief, Sprint Nextel."
In essence, AT&T is arguing that NASCAR has changed its requirements, one which Cingular (now AT&T) relied on when deciding to commit to the NASCAR program.(scenedaily.com)