Federal Judge has ruled that AT&T CAN put it's logo on the 31...MORE TO FOLLOW!
BREAKING NEWS!
- Thread starter kat2220
- Start date
Guess if Nextel can change to Sprint then Cingular can chance to At&t on the car.
T
This Buds For Me
Guest
Thats the right call.....I have a feeling the next thing you see is Shell all over Harvick's car next.
When 76 was the offical fuel, Sunco was on Marlin's car.
kelloggs5TLfan
Team Owner
Whizzer
Gig'em
There are miles of distance between the two situations of Cingular/AT&T and Shell and Sunoco, Union 76 / Sunoco, fuels.
Cingular was bought out by AT&T and Cingular already had the name on a car. The deal with Nextel and NASCAR is, no other mobile communications company, other than those already i existence, could have their name as sponsor.
Since Cingular and AT&T are now one and the same after the buy out, AT&T is permitted to use the AT&T logo and trade name of AT&T.
With Union 76 and Sunoco, that was a different time and Sunoco did leave NASCAR racing as a sponsor in the late eighties. Prior to Sunoco leaving, Union 76 did demand NASCAR permit only one gasoline company.
The disagreement between Shell and Sunoco is, Sunoco is paying mega bucks to be the Official gasoline of NASCAR. In return, Sunoco provides NASCAR racing fuel research, development and sponsorship which includes supplying fuel at every NASCAR track. In return they want guaranteed exclusivity.
My guess is, do not look for Shell gasoline to be a sponsor on any car and that includes Harvick's. Shell can advertise subsidiaries, such as Pennzoil or other Shell petroleum products, just not gasoline. That exclusive priveledge has been bought and paid for by Sunoco.
Cingular was bought out by AT&T and Cingular already had the name on a car. The deal with Nextel and NASCAR is, no other mobile communications company, other than those already i existence, could have their name as sponsor.
Since Cingular and AT&T are now one and the same after the buy out, AT&T is permitted to use the AT&T logo and trade name of AT&T.
With Union 76 and Sunoco, that was a different time and Sunoco did leave NASCAR racing as a sponsor in the late eighties. Prior to Sunoco leaving, Union 76 did demand NASCAR permit only one gasoline company.
The disagreement between Shell and Sunoco is, Sunoco is paying mega bucks to be the Official gasoline of NASCAR. In return, Sunoco provides NASCAR racing fuel research, development and sponsorship which includes supplying fuel at every NASCAR track. In return they want guaranteed exclusivity.
My guess is, do not look for Shell gasoline to be a sponsor on any car and that includes Harvick's. Shell can advertise subsidiaries, such as Pennzoil or other Shell petroleum products, just not gasoline. That exclusive priveledge has been bought and paid for by Sunoco.
R
RobbyG Fan
Guest
Judge rules AT&T can change branding of No. 31
Burton's car will have AT&T logo in time for all-star race
By Harry Weber, The Associated Press
May 18, 2007
05:03 PM EDT
ATLANTA -- NASCAR can't stop AT&T Inc. from featuring its logo on Jeff Burton's No. 31 Richard Childress Racing Chevrolet, a federal judge ruled Friday.
U.S. District Court Judge Marvin Shoob in Atlanta issued a preliminary injunction barring NASCAR and any entity affiliated with it from interfering with AT&T's rights as primary sponsor of the car in NASCAR Cup Series races.
NASCAR tried to prevent the Cingular logo from being changed to the AT&T logo on Burton's car. AT&T is the sole owner of Cingular and is rebranding the cell phone company's name to AT&T.
Sprint Nextel Corp. sponsors NASCAR's premier series, the Nextel Cup, and has exclusive rights as the telecommunications company for the series. Attorneys argued the only exceptions are companies, including Cingular, that already sponsored cars when Nextel reached its agreement with NASCAR.
San Antonio-based AT&T became the full owner of Atlanta-based Cingular when it completed its purchase of Atlanta-based BellSouth Corp. in December.
Cingular argued that its rights included changing its brand name to AT&T.
AT&T wasted no time following the ruling. John Burbank, AT&T vice president of marketing, told reporters in a conference call that Burton's car will be repainted in time for Saturday's Nextel All-Star Challenge at Lowe's Motor Speedway in Concord, N.C.
"We're not hurrying in any way, shape or form to in any way make a statement about our relationship with NASCAR or Sprint Nextel,'' Burbank said. "This really is the normal course of business.''
In his ruling, Shoob said, "The court concludes that the continued appearance of the Cingular brand on the No. 31 car, unaccompanied by any indication that Cingular now does business as AT&T, is likely to confuse NASCAR fans.''
Shoob also concluded that AT&T has shown it will suffer irreparable harm in the form of loss of goodwill and loss of exclusive rights to renew its sponsorship agreement unless the court issues the injunction.
NASCAR had argued that AT&T would be welcome to sponsor a car in NASCAR's Busch series or truck racing, but that Nextel was entitled to exclusivity through its 10-year, $700 million investment that began in 2004. It also said it could be sued by Sprint Nextel if the court granted the injunction in favor of AT&T.
Regardless of whether Sprint Nextel could or may bring suit against NASCAR, the court finds that the threat of such a suit does not outweigh the actual and imminent irreparable harm the plaintiff will suffer if the court does not issue an injunction,'' Shoob said in his ruling.
Attorneys for NASCAR and Sprint Nextel did not immediately return calls asking for comment. NASCAR did release a statement following the ruling.
"The court concludes that the continued appearance of the Cingular brand on the No. 31 car ... is likely to confuse NASCAR fans."
U.S. District Court Judge Marvin Shoob"NASCAR is disappointed with today's ruling but will continue to provide a sponsor friendly environment for the industry and its partners," NASCAR said in a statement. "NASCAR is currently weighing any and all options for appeal of today's decision. Meanwhile, NASCAR will continue to protect the industry from actions designed to interrupt a business model which has been beneficial to all.
"It is important to understand that Sprint Nextel is a cornerstone sponsor that benefits the entire industry by way of its contribution to the championship point's fund, technology bringing fans closer to the sport, and its massive marketing and advertising campaigns."
In a statement, AT&T said it was pleased with the ruling.
"We look forward to the debut of the new paint scheme and to directing our focus back to the action on the track and to Jeff Burton's fantastic start to the 2007 season,'' said John Burbank, AT&T vice president of marketing.
The No. 31 car has been sponsored by Cingular Wireless LLC since 2001. Cingular had been a joint venture of AT&T and BellSouth before AT&T purchased BellSouth.
According to AT&T, earlier this year NASCAR rejected a transitional plan to change the paint scheme and introduce the AT&T logo on Burton's car. AT&T later filed suit against NASCAR.
Burton's car will have AT&T logo in time for all-star race
By Harry Weber, The Associated Press
May 18, 2007
05:03 PM EDT
ATLANTA -- NASCAR can't stop AT&T Inc. from featuring its logo on Jeff Burton's No. 31 Richard Childress Racing Chevrolet, a federal judge ruled Friday.
U.S. District Court Judge Marvin Shoob in Atlanta issued a preliminary injunction barring NASCAR and any entity affiliated with it from interfering with AT&T's rights as primary sponsor of the car in NASCAR Cup Series races.
NASCAR tried to prevent the Cingular logo from being changed to the AT&T logo on Burton's car. AT&T is the sole owner of Cingular and is rebranding the cell phone company's name to AT&T.
Sprint Nextel Corp. sponsors NASCAR's premier series, the Nextel Cup, and has exclusive rights as the telecommunications company for the series. Attorneys argued the only exceptions are companies, including Cingular, that already sponsored cars when Nextel reached its agreement with NASCAR.
San Antonio-based AT&T became the full owner of Atlanta-based Cingular when it completed its purchase of Atlanta-based BellSouth Corp. in December.
Cingular argued that its rights included changing its brand name to AT&T.
AT&T wasted no time following the ruling. John Burbank, AT&T vice president of marketing, told reporters in a conference call that Burton's car will be repainted in time for Saturday's Nextel All-Star Challenge at Lowe's Motor Speedway in Concord, N.C.
"We're not hurrying in any way, shape or form to in any way make a statement about our relationship with NASCAR or Sprint Nextel,'' Burbank said. "This really is the normal course of business.''
In his ruling, Shoob said, "The court concludes that the continued appearance of the Cingular brand on the No. 31 car, unaccompanied by any indication that Cingular now does business as AT&T, is likely to confuse NASCAR fans.''
Shoob also concluded that AT&T has shown it will suffer irreparable harm in the form of loss of goodwill and loss of exclusive rights to renew its sponsorship agreement unless the court issues the injunction.
NASCAR had argued that AT&T would be welcome to sponsor a car in NASCAR's Busch series or truck racing, but that Nextel was entitled to exclusivity through its 10-year, $700 million investment that began in 2004. It also said it could be sued by Sprint Nextel if the court granted the injunction in favor of AT&T.
Regardless of whether Sprint Nextel could or may bring suit against NASCAR, the court finds that the threat of such a suit does not outweigh the actual and imminent irreparable harm the plaintiff will suffer if the court does not issue an injunction,'' Shoob said in his ruling.
Attorneys for NASCAR and Sprint Nextel did not immediately return calls asking for comment. NASCAR did release a statement following the ruling.
"The court concludes that the continued appearance of the Cingular brand on the No. 31 car ... is likely to confuse NASCAR fans."
U.S. District Court Judge Marvin Shoob"NASCAR is disappointed with today's ruling but will continue to provide a sponsor friendly environment for the industry and its partners," NASCAR said in a statement. "NASCAR is currently weighing any and all options for appeal of today's decision. Meanwhile, NASCAR will continue to protect the industry from actions designed to interrupt a business model which has been beneficial to all.
"It is important to understand that Sprint Nextel is a cornerstone sponsor that benefits the entire industry by way of its contribution to the championship point's fund, technology bringing fans closer to the sport, and its massive marketing and advertising campaigns."
In a statement, AT&T said it was pleased with the ruling.
"We look forward to the debut of the new paint scheme and to directing our focus back to the action on the track and to Jeff Burton's fantastic start to the 2007 season,'' said John Burbank, AT&T vice president of marketing.
The No. 31 car has been sponsored by Cingular Wireless LLC since 2001. Cingular had been a joint venture of AT&T and BellSouth before AT&T purchased BellSouth.
According to AT&T, earlier this year NASCAR rejected a transitional plan to change the paint scheme and introduce the AT&T logo on Burton's car. AT&T later filed suit against NASCAR.