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)(8-23-2007) UPDATE #31 is decal-less at Bristol: Burton rolled onto Bristol Motor Speedway on Friday in his orange and black #31 Chevy without the AT&T globe or any mention of the telecommunications company on the car. The car arrived in a black hauler with only the #31 on the side and crew members wore gray RCR shirts instead of uniforms with the AT&T logo. Burton wore an orange driver’s suit adorned only by only associate sponsors. NASCAR banned AT&T from being on the car after winning a recent appeal that overturned a previous decision that has allowed RCR to use the AT&T globe since May 19. Officials said the car would not have been allowed through inspection or onto the track with the logo. NASCAR and AT&T have been in a legal dispute since March when AT&T and Cingular, which was on Burton’s car, merged. NASCAR argued that its agreement with series sponsor Sprint Nextel disallowed the change of sponsor name on the car. The issue is far from over. AT&T will file an injunction today asking for a court hearing in early September. RCR officials said they are considering their options for future races.(ESPN.com)(8-24-2007)
