AT&T's Petition for Rehearing Denied

S

SuperChuck5

Guest
I was just checking out the 11th Circuit's file system. It looks like AT&T moved for rehearing and the Court denied it. The system shows the case closed (meaning the appeal of the injunction is now closed- the trial court case on the other issues is still open).

I think this means the AT&T logo will be off the 31 car in Bristol.



From 11th Circuit's filing system:
08/20/2007 Petition for Rehearing: (Atty: Nathan L. Garroway) AT&T Mobility, LLC No
08/21/2007 The PFR filed by Appellee AT&T Mobility LLC is GRTD to the extent that the last sent of the Court's opinion is amended to read... The mandate shall issue forthwith. see f/f PTF No
08/21/2007 CASE CLOSED-Mandate Issued No
08/21/2007 Mandate Issued No
08/21/2007 MDT1 (Letter issuing mandate) issued. To:James N. Hatten; c:Colin S. Stretch; c:Daniel Bird; c:Daniel M. Perry; c:David L. Balser; c:David R. Gelfand; c:Jenifer E. Niedenthal; c:Michael K. Kellogg; c:Michael Kovaka; c:Nathan L. Garroway; c:parker H. Bag+ No
08/21/2007 MOT2 (Notice of court action) issued. c:Daniel Bird; c:David L. Balser; c:Jenifer E. Niedenthal; c:parker H. Bagley; c:peter Canfield; c:Susan Haller No
 
Wow this is bad for nascar.............i really think its time for the owners to form franchises and run the sport like the NFL, MLB, NBA, and the NHL do. We would see better and more competitive racing. no question. It would also provide some security for the money that these owners invest in these race teams.

I've still yet to hear about a check going from nascar to RCR to replace the sponsor if AT&T has to leave the car.
 
Court says AT&T must be removed from No. 31 car
By Sporting News Wire Service
August 22, 2007
08:04 PM EDT

type size: + -The 11th U.S. Circuit Court of Appeals has issued a mandate allowing NASCAR to require the removal of AT&T logos from the No. 31 Chevrolet owned by Richard Childress Racing and driven in the Nextel Cup Series by Jeff Burton.

Tuesday's mandate was an affirmation of the 11th Circuit's unanimous decision to vacate the preliminary injunction granted to AT&T in May by U.S. District Senior Judge Marvin H. Shoob. The appeals court had ruled Aug. 13 that, because AT&T was not an intended third-party beneficiary of the "grandfather clause" that allowed Cingular to continue its sponsorship of the No. 31 car, the injunction was not valid on breach-of-contract grounds.

"What's this mean? It means that David has won Round 2 with Goliath."
Ramsey Poston, NASCARThe grandfather clause was a provision of NASCAR's agreement with RCR that allowed Cingular to sponsor the car after NASCAR contracted with Nextel, a competitor of Cingular in the telecommunications industry, as exclusive title sponsor of the Cup Series, beginning in 2004. A series of mergers brought AT&T and Cingular together, and AT&T has implemented a comprehensive campaign to announce the rebranding of Cingular as AT&T Wireless.

AT&T's injunction request was one step in the legal process. The case proper still must be heard in District Court, as must NASCAR's $100 million counterclaim against AT&T. Nor does the 11th Circuit's decision prevent AT&T from trying to seek injunctive relief on other grounds.

"The 11th Circuit Court of Appeals has issued a mandate, which now allows NASCAR to fully enforce its agreement with series sponsor Sprint Nextel on behalf of the entire NASCAR industry," NASCAR spokesperson Ramsey Poston said. "Therefore, the 31 may only run paint schemes approved by NASCAR that are in compliance with the industry's agreement with Sprint Nextel.

"What's this mean? It means that David has won Round 2 with Goliath."

The AT&T logos remained on the car at Michigan during a weeklong grace period that would have allowed AT&T to file a request for reconsideration of the appeals court's ruling. AT&T on Monday asked for a clarification of language in the Aug. 13 decision that might have been construed to mean that the entire case was being remanded for dismissal.

The appeals court clarified the issue, indicating the case has been remanded to District Court for trial, then issued the mandate allowing NASCAR to require the removal of the logos from the car.

Barring further legal maneuvering, NASCAR expects the logos to be off the car for Saturday's race in Bristol, Tenn. Poston said NASCAR had approved a variety of paint schemes for the No. 31 car, none of which includes the AT&T logos.

Calls to Richard Childress Racing referencing the logo issue were not returned.
 
Latest on AT&T-NASCAR: NASCAR has rejected proposed paint schemes featuring AT&T's "Go Phone" and the AT&T Mobility tagline "More Bars in More Places" as AT&T seeks a way to remain on the #31 Richard Childress Racing Chevy, according to AT&T. AT&T, in a motion filed today in U.S. District Court asking the court to expedite another preliminary injunction hearing, called NASCAR's actions "unreasonable and vindictive" and indicated that its Go Phone scheme was similar to one used in May 2005. "NASCAR insisted that not only must AT&T Mobility remove the 'AT&T' name and logo immediately, but also that AT&T Mobility feature the very name, 'Cingular,' that AT&T Mobility has spent millions of dollars removing from the marketplace," AT&T states in its motion. AT&T had won an injunction on breach of contract grounds as U.S. District Court Judge Marvin Shoob ruled May 18 that NASCAR's grandfather clause in its licensing agreement that gives RCR a car number allowed for the Cingular logos to be changed to AT&T following their December 2006 merger. But the U.S. 11th Circuit Court of Appeals ruled that because the grandfather clause (enacted in 2004 when Nextel became the primary sponsor of the Cup Series) was designed to benefit RCR and not necessarily Cingular, that AT&T could not sue under breach of contract grounds. AT&T said it attempted to compromise this week by not including the AT&T globe and the Cingular name on its Go Phone scheme but that NASCAR rejected it Wednesday because the Cingular logo was too small. The actual motion for a new preliminary injunction will be filed Friday in Shoob's court, AT&T indicated in its filing Thursday. "NASCAR has approved multiple paint schemes for the 31 including a Cingular Go Phone scheme," NASCAR spokesman Ramsey Poston said. "The 31 has many, many options from which to choose. This is about living up to the agreements that were made.AT&T spokesman Mark Siegel said AT&T is still unsure of what paint scheme will be used for the race Saturday night at Bristol. (SceneDaily.com)
 
BULLS HIT, BULLS HIT BULLS HIT, BULLS HIT BULLS HIT, BULLS HIT BULLS HIT, BULLS HIT

oh sorry, i thought this was the college football fourm....:D
 
Lap3Forever said:
BULLS HIT, BULLS HIT BULLS HIT, BULLS HIT BULLS HIT, BULLS HIT BULLS HIT, BULLS HIT

oh sorry, i thought this was the college football fourm....:D
Click to expand...

Actually that's a minor league baseball chant...Durham Bulls.
But yeah
 
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