Robby Gordon involved in legal dispute with sponsor Vanguard

By Bob Pockrass - Associate Editor

Wednesday, March 26, 2008

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Vanguard Integrity Professionals wants Robby Gordon Motorsports to stop using its logos on the team’s NASCAR uniforms as part of a contract dispute over the company’s sponsorship of Gordon’s Dakar Rally venture.

The security software company has sued Gordon in U.S. District Court in California over the sponsorship of Gordon’s team in the Dakar Rally, which was canceled earlier this year for security reasons, and the NASCAR issue is an element of the lawsuit.

According to court documents, Gordon contends that Vanguard Chief Operating Officer Steven Ringelberg asked Gordon around last October if there was a way to get involved in the NASCAR program, and Gordon offered to put Vanguard on the NASCAR team’s firesuits. Gordon’s team bought 16 firesuits with a small Vanguard logo near the left elbow at approximately $1,500 apiece. Gordon also contends that Vanguard expressed interest in becoming more involved in the NASCAR program after the Dakar Rally was canceled, according to court documents.

Vanguard requested a temporary restraining order to prohibit Gordon's use of the marks, a request that was denied March 5 by U.S. District Court Judge David Carter.

According to the court’s minutes of the hearing: “Gordon contends that he spoke to Ringelberg on several occasions in which Ringleberg expressly requested and agreed to the use of the mark in NASCAR and North American off-road events. Conversely, Ringleberg contends that no such conversations took place.”

Vanguard had agreed to pay Gordon $1.4 million to sponsor Gordon's two-vehicle effort in the 2008 Dakar Rally, $1.55 million for 2009 and $1.35 million for 2010. Vanguard, whose Chief Executive Officer Ronn Bailey was going to drive one of the Gordon team's vehicles, wants to terminate the agreement and wants money returned because the 2008 Dakar Rally was canceled, while Gordon contends that Vanguard cannot terminate the contract.

Among the reasons cited as to why Vanguard wants to get out of the contract are that the alternative route set for the 2008 Dakar Rally is not acceptable to its marketing objectives and also because of public comments Gordon made about the decision to cancel the rally, according to court documents.

“Given Gordon’s negative comments about [organizing body] ASO and the City of Los Angeles, Vanguard claims that its reputation is harmed by association with Gordon,” according to the minutes of the temporary restraining order hearing.

In an interview with various media outlets, including NASCAR Scene, Jan. 7, Gordon said he understood the reasons for the Dakar Rally not wanting to go into certain areas where people had recently been killed but was upset there was no backup plan by the Dakar organizers.

But Gordon also said: “Let’s put it in perspective. Eleven people got killed over there. I’m pretty sure in L.A., we kill 11 a night on the
streets of L.A.

“I’m pretty sure there is 11 every night killed. Stabbed, shot, beat up, murdered. … I guarantee you just in L.A., and if you take L.A., Detroit, Chicago, New York, Charlotte? Eleven. It was a couple of kids in the back of a pickup truck with a couple of AK-47s shot a couple of people. I’m sorry to say that. But the reality of it is it’s not like it’s this big setup bombing.”