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Jeff Burton's No. 31 Chevrolet will have a new look on Saturday.

Judge rules AT&T; can change branding of No. 31

Burton's car will have AT&T; logo in time for all-star race

By Harry Weber, The Associated Press
May 18, 2007
05:03 PM EDT
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ATLANTA -- NASCAR can't stop AT&T Inc. from featuring its logo on Jeff Burton's No. 31 Richard Childress Racing Chevrolet, a federal judge ruled Friday.

U.S. District Court Judge Marvin Shoob in Atlanta issued a preliminary injunction barring NASCAR and any entity affiliated with it from interfering with AT&T's rights as primary sponsor of the car in NASCAR Cup Series races.

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NASCAR tried to prevent the Cingular logo from being changed to the AT&T logo on Burton's car. AT&T is the sole owner of Cingular and is rebranding the cell phone company's name to AT&T.

Sprint Nextel Corp. sponsors NASCAR's premier series, the Nextel Cup, and has exclusive rights as the telecommunications company for the series. Attorneys argued the only exceptions are companies, including Cingular, that already sponsored cars when Nextel reached its agreement with NASCAR.

San Antonio-based AT&T became the full owner of Atlanta-based Cingular when it completed its purchase of Atlanta-based BellSouth Corp. in December.

Cingular argued that its rights included changing its brand name to AT&T.

AT&T wasted no time following the ruling. John Burbank, AT&T vice president of marketing, told reporters in a conference call that Burton's car will be repainted in time for Saturday's Nextel All-Star Challenge at Lowe's Motor Speedway in Concord, N.C.

"We're not hurrying in any way, shape or form to in any way make a statement about our relationship with NASCAR or Sprint Nextel,'' Burbank said. "This really is the normal course of business.''

In his ruling, Shoob said, "The court concludes that the continued appearance of the Cingular brand on the No. 31 car, unaccompanied by any indication that Cingular now does business as AT&T, is likely to confuse NASCAR fans.''

Shoob also concluded that AT&T has shown it will suffer irreparable harm in the form of loss of goodwill and loss of exclusive rights to renew its sponsorship agreement unless the court issues the injunction.

NASCAR had argued that AT&T would be welcome to sponsor a car in NASCAR's Busch series or truck racing, but that Nextel was entitled to exclusivity through its 10-year, $700 million investment that began in 2004. It also said it could be sued by Sprint Nextel if the court granted the injunction in favor of AT&T. (Continued)

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