Today the National Association for Stock Car Auto Racing (NASCAR) filed a counter claim in U. S. District Court against AT&T Mobility/Cingular Wireless and AT&T Inc., alleging breach of contract, fraud and misrepresentation, and conspiracy to aid and abet wrongful interference with NEXTEL’s exclusive sponsorship agreement. NASCAR is seeking a minimum of $100 million in damages.
The NASCAR Rule Book governs participation in the NASCAR NEXTEL Cup Series and its contents are agreed to in writing by all NASCAR members and participants. Cingular is a member of NASCAR and agreed to abide by all NASCAR rules and regulations when its representatives signed official documents such as the NASCAR Membership and License Application.
NASCAR’s suit further alleges that AT&T, Cingular and its representatives breached its explicit agreements with NASCAR when they re-branded the No. 31 car; entered into contract with RCR knowing that they would litigate against NASCAR; and when they sought to ambush NEXTEL’s exclusive sponsorship rights.
NASCAR also submitted its response today to a suit filed by AT&T Mobility/Cingular Wireless by soundly rejecting each of their claims. The response demonstrates the clarity of NASCAR’s rule book and the baseless allegations made by AT&T Mobility/Cingular Wireless in its attempts to re-brand the No. 31.
The court’s preliminary injunction allowing the No. 31 to re-brand is still on appeal by NASCAR and NEXTEL and is being fully contended.
A full copy of NASCAR’s Answer and Counterclaim can be obtained from the United States District Court for the Northern District of Georgia, Case No. 1:07-CV-623-MHS.
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