Kentucky sends cease-and-desist to stop '40-0' items

Kentucky may be close to a 40-0 record, but it doesn't want anyone else to use the phrase.

Louisville lawyer David Son, who owns a company that sells "40-0" T-shirts with blue and white coloring, received a cease-and-desist letter from the school last week, according to ESPN's Darren Rovell.

However, Son trademarked the phrase in February and claims he sold his first "40-0" item in October 2013. Around that time, he filed for 40-0 LLC, his company, to be incorporated in the state of Kentucky. In August 2014, he dissolved the company, but applied on Mar. 9 to have the company activated again, which was approved.

Besides the letter, Kentucky has not laid any public claim to ownership of 40-0. The school may be able to stop Son from using the term by opposing his mark or with the help of an attorney for the United States Patent and Trademark Office ruling that the association with the blue and white may suggest he's attempting to trademark a term referring to Kentucky's season. Son's website notes he's not affiliated with universities or professional organizations.

"We are well aware of third parties attempting to capitalize on the historic season of the University of Kentucky men's basketball team," said Jim Aronowitz, general counsel for Fermata Partners. "As the University's licensing agent, we are working to vigorously protect UK's trademark rights in the marketplace from those that use the institution's indicia without permission."

"My client took all the steps he needed to take to establish ownership of 40-0," Son's lawyer, Brian McGraw, said. "There's no evidence that the University of Kentucky owns any rights to 40-0."

McGraw says Son would be open to working it out with Kentucky, especially if they win a national championship with a 40-0 record. McGraw stated that championship items with the undefeated record would be no problem, but an issue would occur if the  Wildcats started to use the record as its own brand.