Richard Childress Racing and ESPN traded paint back in March over the use of the late Dale Earnhardt’s famous No. 3. That contest is over — and you’ll have as much chance of learning the winner as you would of finding out how a NASCAR team squeezes more horsepower from its engines. The two parties have settled the suit that RCR filed in federal court in Greensboro. The terms of their deal, like those in most out-of-court settlements, aren’t public. “The matter has been resolved to our satisfaction, and the exact terms are confidential,” Heather Adams, an attorney for ESPN, told the Winston-Salem Journal. An RCR spokesman also told the newspaper that his company is pleased as well. At issue was the stylized “3.” The trademarked number appeared on the sides and roof of Earnhardt’s black Chevrolet for much of his career. It still shows up on jackets, hats and stickers that fans still buy five years after his death. Earnhardt drove for RCR, which is based in Welcome, NC, until he was killed during the 2001 Daytona 500. ESPN used a variation of the number in the marketing efforts for its 2004 made-for-TV film “3: The Dale Earnhardt Story.” RCR called the ESPN “3” a knockoff and sued for trademark infringement and unfair competition.(News and Record)(12-16-2005)
