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Cain't Buy #8, maybe can

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  #11  
Old   
Mike Smith
 
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Default Re: Cain't Buy #8, maybe can - 07-03-2007 , 10:55 AM






On Mon, 02 Jul 2007 17:21:18 -0400, SimRacer
<NOsimracer68 (AT) yahoo (DOT) comSPAM> wrote:


Quote:
It's simple Cru. HMS cannot "buy" the 8 from DEI simply because DEI
doesn't own it, NASCAR does. BUT, DEI leases the 8 from NASCAR (or
certainly the rights to race a car with the #8 on it) and like all
leases, or a lot of leases anyway, it can be sub-leased to a 3rd party
so long as the outright owner agrees.

So no, HMS cannot buy the 8. But they can bargain with DEI to use it.
Similar to how NASCAR allows RCR to still own the rights to use the 3
even though they haven't run it for over 6 years. It is not like
NASCAR doesn't write or rewrite the rules as they go along anyway,
right? :-)

--
Posted via a free Usenet account from http://www.teranews.com



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  #12  
Old   
Timothy
 
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Default Re: Cain't Buy #8, maybe can - 07-03-2007 , 11:38 AM






On Jul 2, 1:56 pm, "Crusader" <cru... (AT) sbcglobal (DOT) net> wrote:
Quote:
Cain't Buy #8, maybe can
This high finance is beyond me. It is apparently beyond
Racin' Writers too.
[snip]
LOUDON, N.H. -- There is nothing keeping Hendrick Motorsports from buying the
No. 8 from Dale Earnhardt Inc. as long as NASCAR approves the transfer of the number.
While NASCAR owns all numbers and issues them to organizations on an annual
basis, teams sell numbers all the time.***
NASCAR spokesman Ramsey Poston said it is unlikely the governing body would
prevent such a transfer, adding the financial terms are not a concern.
--
No I think the story is pretty accurate. The situation is, I belive
as follows: Nascar decides which teams get which numbers. BUT they do
customarily assign the same numbers to the same owners for as long as
that owner wants to keep using it. And they routinely approve
virtually all requests to awap numbers from one team to another, even
if the teams are owned by different owners--- though Nascar does have
the right to reject those requests. (Nascar also, as in the case of
the #3, has the power to retire a number. There is no way to force
Nascar to give your team the #3. And, by the same token, there is no
way to force them to keep the #3 out of circulation. They can even
turn down one request for the #3 and then approve a future one... for
example, they could turn down, hypothetically, Hendrick's and/or DEI's
requests for the #3 in 2008 while still allowing a future Dale Jr. and
Kelley Earnhardt-owned team to get it in, say, 2013..)

Just to make things even more complicated, the car logos are all
trademarked. Even though the #8 is in the public domain, for example,
DEI's rendering of the #8 is a registered trademark. So, depending on
how the deal is structured, Hendrick could end up having the #8 on
Dale Jr.'s car while not having the same old logo.



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  #13  
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SimRacer
 
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Default Re: Cain't Buy #8, maybe can - 07-03-2007 , 03:07 PM



On Tue, 03 Jul 2007 11:55:03 -0400, Mike Smith <mike_z (AT) excite (DOT) com>
wrote:

Quote:
On Mon, 02 Jul 2007 17:21:18 -0400, SimRacer
NOsimracer68 (AT) yahoo (DOT) comSPAM> wrote:


It's simple Cru. HMS cannot "buy" the 8 from DEI simply because DEI
doesn't own it, NASCAR does. BUT, DEI leases the 8 from NASCAR (or
certainly the rights to race a car with the #8 on it) and like all
leases, or a lot of leases anyway, it can be sub-leased to a 3rd party
so long as the outright owner agrees.

So no, HMS cannot buy the 8. But they can bargain with DEI to use it.

Similar to how NASCAR allows RCR to still own the rights to use the 3
even though they haven't run it for over 6 years. It is not like
NASCAR doesn't write or rewrite the rules as they go along anyway,
right? :-)
LOL! Agreed. The rules are written on a whiteboard in dry-erase
markers down in an office suite in Daytona somewhere...And the caption
above the rules say "Official Rules - Thus Far" :-)

Also, I think RCR still races the #33 on occasion. I am pretty sure
that APR still holds the lease from NASCAR for that number and AP and
RC have apparently worked out a deal for RCR to use it. I know when
Junior announced he was leaving DEI, I saw AP in a TV interview say
that "I am pretty sure I still have a number leased from NASCAR that I
could put Dale in if he wanted to come to work for me." Which is
somewhat funny since APR has been all but dormant in the NASCAR ranks
for some years now. (He does still run some late models here and there
as I hear it - often with AP hisself at the wheel.)


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  #14  
Old   
Gordon
 
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Default Re: Cain't Buy #8, maybe can - 07-03-2007 , 05:03 PM



SimRacer wrote:
Quote:
On Tue, 03 Jul 2007 11:55:03 -0400, Mike Smith <mike_z (AT) excite (DOT) com
wrote:

On Mon, 02 Jul 2007 17:21:18 -0400, SimRacer
NOsimracer68 (AT) yahoo (DOT) comSPAM> wrote:


It's simple Cru. HMS cannot "buy" the 8 from DEI simply because DEI
doesn't own it, NASCAR does. BUT, DEI leases the 8 from NASCAR (or
certainly the rights to race a car with the #8 on it) and like all
leases, or a lot of leases anyway, it can be sub-leased to a 3rd party
so long as the outright owner agrees.

So no, HMS cannot buy the 8. But they can bargain with DEI to use it.
Similar to how NASCAR allows RCR to still own the rights to use the 3
even though they haven't run it for over 6 years. It is not like
NASCAR doesn't write or rewrite the rules as they go along anyway,
right? :-)

LOL! Agreed. The rules are written on a whiteboard in dry-erase
markers down in an office suite in Daytona somewhere...And the caption
above the rules say "Official Rules - Thus Far" :-)
I like that. I'd add a diagram that points to the *official* *Grey Area
de jour* that will be addressed at the next Cup event.

Quote:
G

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  #15  
Old   
Ron
 
Posts: n/a

Default Re: Cain't Buy #8, maybe can - 07-03-2007 , 11:21 PM



On Jul 3, 11:05 pm, noone <n... (AT) nowhere (DOT) com> wrote:
Quote:
In article <Ldfii.261708$NU1.74... (AT) newsfe13 (DOT) lga>,

"pe2" <dalejr... (AT) plzwinwonsoon (DOT) net> wrote:
It just wouldn't be right...Kasey Kahne or KyBusch (rumor) driving Grandeddy
Earnhardt's number 8!

What loser are you talking about?

The #8 is Joe Weatherly's number, a far better driver than any Earnhardt.
No where near as good as Dale Sr....come on.

Different eras.

But, he did have 3 good yrs, even when he ran a partial schedule
during one of them, he finished 4th in points, but don't know what his
competition was like.



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  #16  
Old   
Mike Marlow
 
Posts: n/a

Default Re: Cain't Buy #8, maybe can - 07-04-2007 , 06:29 AM




"noone" <noone (AT) nowhere (DOT) com> wrote

Quote:
In article <1183480721.909134.96140 (AT) n60g2000hse (DOT) googlegroups.com>,
Timothy <Timothy.Horrigan (AT) alumni (DOT) usc.edu> wrote:

They can even
turn down one request for the #3 and then approve a future one... for
example, they could turn down, hypothetically, Hendrick's and/or DEI's
requests for the #3 in 2008 while still allowing a future Dale Jr. and
Kelley Earnhardt-owned team to get it in, say, 2013..)

If they want a lawsuit shoved up their ass.

You'll have to explain that one for everyone here at the Lake.

--

-Mike-
mmarlowREMOVE (AT) alltel (DOT) net




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  #17  
Old   
SimRacer
 
Posts: n/a

Default Re: Cain't Buy #8, maybe can - 07-05-2007 , 10:45 AM



On Tue, 03 Jul 2007 23:07:27 -0400, noone <noone (AT) nowhere (DOT) com> wrote:

Quote:
In article <anal83trglj2m5spuql58jqpt0q8oqu171 (AT) 4ax (DOT) com>,
SimRacer <NOsimracer68 (AT) yahoo (DOT) comSPAM> wrote:

Also, I think RCR still races the #33 on occasion.

Why is RCR running Harry Gant's number?

--


Read the rest of the paragraph and then flash forward about 13 years.
Andy Petree (aka Andy Petree Racing or APR) ran the #33 for several
years, with Ken Schrader at the wheel and Oakwood Homes as the
sponsor. He added the #55 Square D sponsored car later, with Bobby
Hamilton as driver.

And "Gant's #33" wasn't his. It "belonged" to his car owners, Hal
Needham and Burt Reynolds. His last season in Cup was 1994. His last
win came somewhere around 1992.

He then retired to his cattle farm and family restaurant, which he
recently sold. He recently said in an interview with Dave Moody on
Sirius Speedway that he "only watches the races on Sunday if he is
somewhere that it just happens to be on the TV" because "he had to
make a clean break or else he'd still be trying to drive."

The #33 ended up at RCR, presumably, since Petree is a friend and
former employee of Childress', and for a time was the crew chief for
Dale Earnhardt Sr.

Quote:
.

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  #18  
Old   
Mike Marlow
 
Posts: n/a

Default Re: Cain't Buy #8, maybe can - 07-05-2007 , 08:54 PM




"noone" <noone (AT) nowhere (DOT) com> wrote

Quote:
In article <c4725$468b84b2$471fb864$28282 (AT) ALLTEL (DOT) NET>,
"Mike Marlow" <mmarlowREMOVE (AT) alltel (DOT) net> wrote:

"noone" <noone (AT) nowhere (DOT) com> wrote in message
news:noone-567401.23004803072007 (AT) free (DOT) teranews.com...
In article <1183480721.909134.96140 (AT) n60g2000hse (DOT) googlegroups.com>,
Timothy <Timothy.Horrigan (AT) alumni (DOT) usc.edu> wrote:

They can even
turn down one request for the #3 and then approve a future one... for
example, they could turn down, hypothetically, Hendrick's and/or DEI's
requests for the #3 in 2008 while still allowing a future Dale Jr. and
Kelley Earnhardt-owned team to get it in, say, 2013..)

If they want a lawsuit shoved up their ass.


You'll have to explain that one for everyone here at the Lake.

The whole idea of fair dealing implicit in every contract means that,
all things being equal, no customer is favored over any other customer.

If NASCAR has rules, these rules prevent putting a thumb on the scale to
ensure certain parties get better deals than other parties, rules being
rules and all parties being equal.

NASCAR can't throw the bouquet at its favorite maiden.

Certainly nothing can stop a lawsuit, but I can't see one being won on the
basis of not getting a desired number. There is no guarantee of getting any
number implicit or explicit in NASCAR.

--

-Mike-
mmarlowREMOVE (AT) alltel (DOT) net




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  #19  
Old   
Timothy
 
Posts: n/a

Default Re: Cain't Buy #8, maybe can - 07-06-2007 , 09:08 AM



On Jul 5, 9:54 pm, "Mike Marlow" <mmarlowREM... (AT) alltel (DOT) net> wrote:
Quote:
"noone" <n... (AT) nowhere (DOT) com> wrote in message

news:noone-4C9558.13550005072007 (AT) free (DOT) teranews.com...



In article <c4725$468b84b2$471fb864$28... (AT) ALLTEL (DOT) NET>,
"Mike Marlow" <mmarlowREM... (AT) alltel (DOT) net> wrote:

"noone" <n... (AT) nowhere (DOT) com> wrote in message
news:noone-567401.23004803072007 (AT) free (DOT) teranews.com...
In article <1183480721.909134.96... (AT) n60g2000hse (DOT) googlegroups.com>,
Timothy <Timothy.Horri... (AT) alumni (DOT) usc.edu> wrote:

They can even
turn down one request for the #3 and then approve a future one... for
example, they could turn down, hypothetically, Hendrick's and/or DEI's
requests for the #3 in 2008 while still allowing a future Dale Jr. and
Kelley Earnhardt-owned team to get it in, say, 2013..)

If they want a lawsuit shoved up their ass.

You'll have to explain that one for everyone here at the Lake.

The whole idea of fair dealing implicit in every contract means that,
all things being equal, no customer is favored over any other customer.

If NASCAR has rules, these rules prevent putting a thumb on the scale to
ensure certain parties get better deals than other parties, rules being
rules and all parties being equal.

NASCAR can't throw the bouquet at its favorite maiden.

Certainly nothing can stop a lawsuit, but I can't see one being won on the
basis of not getting a desired number. There is no guarantee of getting any
number implicit or explicit in NASCAR.


I haven't actually SEEN the contract which teams sign with Nascar....
but presumably it contains language spelling out the whole team-number
issue. Presumably Nascar's contract gives themselves the right to
"unfairly" deny you your request for a particular number (e.g., the
#3) if for whatever reason they feel it is their own best interests
not to grant it.

They are in fact fairly lenient about number changes. One amusing
example was when Jack Daniels decided to promote its Old #7 whiskey
with a race car and Nascar decided it was OK to promote hard liquor
on race cars. So the #30 team was transformed into the #07 team, even
though the #7 team ended up beng sponsored by a rival whiskey, Jim
Beam.




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  #20  
Old   
Chuck Steak
 
Posts: n/a

Default Re: Cain't Buy #8, maybe can - 07-06-2007 , 11:42 AM



In article Timothy <Timothy.Horrigan (AT) alumni (DOT) usc.edu> wrote:

Quote:
I haven't actually SEEN the contract which teams sign with Nascar....
I don't know that there is a 'contract'...
You become a 'member', and agree to abide by the rules.

Quote:
but presumably it contains language spelling out the whole team-number
issue.
Which is, that no one can assign or transfer numbers except NASCAR...
And they can do it any time they want.


Dan
****************************************
The early bird may get the worm,
but the second mouse gets the cheese.


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