SBD/July 29, 2011/Marketing and Sponsorship

District Court Dismisses Lawsuit Against NASCAR Filed By Advanced Fluid Solutions

A U.S. District Court this week judge dismissed a case brought against NASCAR by one of its sponsors, Advanced Fluid Solutions. The Texas-based fluid additive company sued NASCAR for allegedly terminating its sponsorship contract illegally. The company was due to pay NASCAR $6.2M in sponsorship fees, and NASCAR terminated the deal after Advanced Fluids failed to pay the first $500,000 installment. Because the company had not made its payment, the judge ruled it was not entitled to see NASCAR fulfill the sponsorship agreement. In a statement, NASCAR Senior VP & CMO Steve Phelps said, “We’re very pleased that the U.S. District Court in Orlando dismissed this suit, as it was filed solely to prompt a settlement out of NASCAR. We have made it clear over the past several years that we will do what’s necessary to protect our partnerships, including fight in court, when presented with cases that are without merit. That was the situation here, as the court recognized an obvious breach of contract situation.”
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