May 21, 2007
May 21, 2007 (Atlanta, Ga.) — MLA secured a preliminary injunction preserving Cingular's right to change the logo and brand on its NASCAR-sponsored number 31 car driven by Jeff Burton. David Balser, a litigation partner based in Atlanta, served as lead counsel. He was assisted by associates Nathan Garroway, Jeff Baxter, Jeremy Berry, Petrina Hall, and Thuy Taitt on this groundbreaking victory.
With AT&T's recent acquisition of BellSouth (co-parent companies of Cingular), MLA client Cingular has been transitioning its name, brand, logos, and marks from the Cingular "jack" to the AT&T "globe." NASCAR contended that Cingular changing its name to AT&T was a violation of its exclusive Series Sponsorship Agreement with Sprint Nextel - an agreement that bars NASCAR teams from enlisting any other telecommunication firms. Cingular responded that it was "grandfathered in" as part of that deal and that other agreements allowed Cingular to change its brand and logos so long as it did not change race teams or change sponsorship levels. Referencing an internal Sprint Nextel e-mail, Balser argued at the preliminary injunction hearing that NASCAR and Sprint Nextel were seeking to improperly "boot" Cingular out of the sport by making Cingular race with an obsolete name and brand.
On May 18, U.S. District Court Judge Marvin Shoob delivered a 32-page order adopting Cingular's theories and rejecting NASCAR's arguments on every point. The same day, both NASCAR and Sprint Nextel (who intervened in the case after the injunction) filed emergency motions to stay in the District Court and Eleventh Circuit. The MLA team successfully argued against these motions, which included David traveling to Judge Shoob's house for argument on Saturday morning, May 19.
Within hours of the ruling by Eleventh Circuit, Jeff Burton drove his car sporting the AT&T logo and brand at the Nextel All-Star Challenge. Cup Series races occur almost every week, so as a result of this legal victory, the AT&T brand and globe will be prominently displayed at NASCAR events throughout the season.
For more information click on one of the following articles:
Judge rules AT&T can change branding of No. 31
NASCAR loses stay, AT&T logo allowed on No. 31 car