AT&T Mobility's case against NASCAR regarding the branding of the #31 car owned by Richard Childress and driven by Jeff Burton hinges on a meeting with representatives of the sport's governing body in June 2003, during which "promises" were made by NASCAR. NASCAR, however, dismissed the "alleged" promises and introduced compelling testimony by a former Cingular employee designated as the "point person" for the sponsoring of the car, in a 94-page filing in U.S. District Court. The document filing was made Monday in Atlanta. AT&T and NASCAR have been in court since April 26 for an injunction that would allow AT&T, which merged with Cingular last December and is phasing out the Cingular brand, to put its logos on the car. A decision is expected from Judge Marvin H. Shoob by the end of this week or early next week. The sponsorship contract with Richard Childress Racing runs out at the end of the season, and based on court documents, RCR and AT&T are not currently negotiating a renewal. According to AT&T Mobility's 40-page filing, the two sides met on June 26, 2003 -- a meeting in response to a letter sent by NASCAR to all team owners indicating that beginning in 2004 when Nextel became the exclusive series sponsor for an approximate $700 million investment, all Nextel competitors would be prohibited as sponsors. During that meeting, Cingular was informed it would be grandfathered in as a sponsor but the company could not increase its brand position on the car and it could not move sponsorship to another team. Cingular representatives were not given anything in writing from NASCAR, according to court documents. NASCAR officials simply told them, "Trust us." NASCAR's position, however, is that no promises were made and that it made clear the limitations on Cingular to feature other telecommunication brands.(more at ESPN.com)(5-9-2007)
