SETTLED
Childress, ESPN settle '3' lawsuit
RCR Enterprises Inc., the racing team of the late Dale Earnhardt, has settled its complaint with ESPN Inc. over the television network's use of a stylized No. 3.
The dispute involved the marketing for ESPN's movie about Earnhardt in 2004. The network used a version of Earnhardt's racing number that RCR thought was too similar to their version, which is trademarked.
RCR filed a lawsuit in federal court in March, charging trademark infringement, unfair competition and the dilution of Earnhardt's symbol.
Attorneys notified the court on Nov. 28 that they were dismissing the complaint, and the parties said yesterday that they have settled. The terms have not been disclosed.
"The matter has been resolved to our satisfaction, and the exact terms are confidential," said Heather Adams, an attorney for ESPN.
David Hart, a spokesman for RCR, said that the company is satisfied, too.
RCR is based in Welcome and is owned by Richard Childress. Earnhardt raced for Childress for 20 years, winning seven NASCAR championships, before he died Feb. 18, 2001 in a crash on the last lap of the Daytona 500.
Earnhardt's popularity made his No. 3 - a block number italicized to the left - a popular symbol on jackets, stickers and other products. The No. 3 used by ESPN in its marketing had rounder edges and leaned to the right.
RCR registered its symbol on July 23, 1996, according to the U.S. Patent and Trademark Office.
It had asked the court to order ESPN to stop using any stylized No. 3 that could resemble its own trademark, and to recall and destroy any products that include such a symbol.
Company officials also asked for damages, attorneys fees and "three times all gains, profits and advantages derived by them from (ESPN's) infringement, dilution, unfair competition or unfair trade practices." They also wanted interest.
An ESPN spokesman said when the lawsuit was filed that the network's use of the No. 3 was legal.
Childress, ESPN settle '3' lawsuit
RCR Enterprises Inc., the racing team of the late Dale Earnhardt, has settled its complaint with ESPN Inc. over the television network's use of a stylized No. 3.
The dispute involved the marketing for ESPN's movie about Earnhardt in 2004. The network used a version of Earnhardt's racing number that RCR thought was too similar to their version, which is trademarked.
RCR filed a lawsuit in federal court in March, charging trademark infringement, unfair competition and the dilution of Earnhardt's symbol.
Attorneys notified the court on Nov. 28 that they were dismissing the complaint, and the parties said yesterday that they have settled. The terms have not been disclosed.
"The matter has been resolved to our satisfaction, and the exact terms are confidential," said Heather Adams, an attorney for ESPN.
David Hart, a spokesman for RCR, said that the company is satisfied, too.
RCR is based in Welcome and is owned by Richard Childress. Earnhardt raced for Childress for 20 years, winning seven NASCAR championships, before he died Feb. 18, 2001 in a crash on the last lap of the Daytona 500.
Earnhardt's popularity made his No. 3 - a block number italicized to the left - a popular symbol on jackets, stickers and other products. The No. 3 used by ESPN in its marketing had rounder edges and leaned to the right.
RCR registered its symbol on July 23, 1996, according to the U.S. Patent and Trademark Office.
It had asked the court to order ESPN to stop using any stylized No. 3 that could resemble its own trademark, and to recall and destroy any products that include such a symbol.
Company officials also asked for damages, attorneys fees and "three times all gains, profits and advantages derived by them from (ESPN's) infringement, dilution, unfair competition or unfair trade practices." They also wanted interest.
An ESPN spokesman said when the lawsuit was filed that the network's use of the No. 3 was legal.
