Appeals Court Sides With NASCAR In Dispute With AT&T

Court Decision Could Remove AT&T Logos Off RCR's No. 31 By Sunday's Race

A U.S. Appeals Court in Atlanta yesterday overruled a temporary injunction issued by U.S. District Court Judge Marvin Shoob that allowed AT&T logos to be placed on Richard Childress Racing’s No. 31 Nextel Cup Chevrolet “under NASCAR’s grandfather clause for telecommunication sponsors,” according to Bob Pockrass of NASCAR SCENE.  The three-judge panel, in its unanimous decision, wrote, "Because Cingular (now AT&T Mobility) was neither a party to nor an intended beneficiary of the (grandfather clause), it has not itself suffered a legally cognizable injury as a result of NASCAR’s interpretation.” Pockrass noted the decision “could result in removal of the AT&T logos” from the No. 31 driven by Jeff Burton as soon as the upcoming race weekend at Michigan Int’l Speedway. AT&T “still has the option of asking the court to reconsider.” But the ruling “likely ends the injunction phase of the case,” which includes a $100M countersuit by NASCAR that is scheduled to go to trial (SCENEDAILY.com, 8/13).  AT&T Wireless spokesperson Mark Siegel said the company is “continuing to pursue our right to put the AT&T name on the car.” NASCAR Managing Dir of Corporate Communications Ramsey Poston said that AT&T has five days “to decide what to do, so [NASCAR] is unlikely to request immediate changes” to the No. 31.  Poston: “NASCAR is obviously pleased. It is a victory for the industry and every driver, team and NASCAR partner” (ATLANTA CONSTITUTION, 8/14).