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Court rules in favour of AT&T

A United States district court judge has given AT&T the green light to re-brand the No. 31 car of Jeff Burton after succeeding in the injunction requested in March in the company's lawsuit against NASCAR

Judge Marvin H. Shoob of the US District Court, Northern District of Georgia, granted AT&T's motion for preliminary injunction, giving AT&T the immediate right to put its logos and brand marks on the No. 31 car competing in the Nextel Cup.

"We are pleased that the court has allowed us to proceed with rebranding the No. 31 car," said John Burbank, AT&T vice president of Marketing.

"We look forward to the debut of the new paint scheme and to directing our focus back to the action on the track and to Jeff Burton's fantastic start to the 2007 season."

Since 2001, the No. 31 car owned by Richard Childress has been sponsored by Cingular, a joint venture between AT&T and BellSouth, with AT&T holding majority ownership of the company.

Following the completion of AT&T's acquisition of BellSouth last December, Cingular is now wholly owned by AT&T and the Cingular brand is being transitioned to AT&T.

Earlier this year, NASCAR rejected a transitional plan to change the paint scheme on the No. 31 car and introduce the AT&T logo, leading the telecommunications giant to file a lawsuit against the ruling body last month.

AT&T's lawsuit claims that NASCAR violated the company's rights to sponsor the No. 31 car, noting grandfather clauses in the NASCAR agreements that were designed to protect its rights after Nextel assumed the role of title sponsor of their premiere series in 2003.

"NASCAR is disappointed with today's ruling but will continue to provide a sponsor friendly environment for the industry and its partners," NASCAR said in a statement after being informed of the court's ruling.

"NASCAR is currently weighing any and all options for appeal of today's decision. Meanwhile, NASCAR will continue to protect the industry from actions designed to interrupt a business model that has been beneficial to all.

"It is important to understand that Sprint Nextel is a cornerstone sponsor that benefits the entire industry by way of its contribution to the championship point's fund, technology bringing fans closer to the sport, and its massive marketing and advertising campaigns."

Richard Childress Racing will submit to NASCAR the new paint scheme featuring the AT&T globe in the hood and both sides of the No. 31 car, replacing the Cingular logo.

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