IF his beef is all about RunGum then he should just form RunGum TC, sponsor all the athletes he wants, and plaster the logo across the singlet where it is allowed. Some of you are too young to remember Mazda TC with the lower case corporate font on singlets so take a look at this:
http://a.espncdn.com/photo/2008/0804/pg2_g_barnes_200.jpg
I read the rule that the 1"x1" or whatever small apparel company logo is the tag of the garment manufacturer, just like that little pony on some of your polo shirts. That isn't necessarily a sponsor.
Regarding NASCAR ads, they DO NOT allow firms competing with their official sponsors. Sprint is the official phone so ATT is not there. Same for the official beer, RV, gasoline, ..., kitchen sink. Do you think USATF (insert Max influence here) would be any different?
And just wondering, how can an upstart bubble gum company have the funds to finance this litigation?