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Kentucky Wildcats looking to pull ’40-0′ t-shirts

By Ernie Padaon

Mar 21, 2015; Louisville, KY, USA; Kentucky Wildcats forward Karl-Anthony Towns (12) drives to the basket against Cincinnati Bearcats forward Octavius Ellis (2) during the first half in the third round of the 2015 NCAA Tournament at KFC Yum! Center. Mandatory Credit: Brian Spurlock-USA TODAY Sports
Mar 21, 2015; Louisville, KY, USA; Kentucky Wildcats forward Karl-Anthony Towns (12) drives to the basket against Cincinnati Bearcats forward Octavius Ellis (2) during the first half in the third round of the 2015 NCAA Tournament at KFC Yum! Center. Mandatory Credit: Brian Spurlock-USA TODAY Sports /
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The Kentucky Wildcats are on a run for a perfect season and they do not want anyone else to capitalize on their historic run. They have sent out a cease-and-desist letter to a company selling “40-0” t-shirts.

Kentucky is on a historic run. With a pair of wins, the team will complete a perfect season in college basketball and will be the National Champions. They are a couple of wins away from a 40-0 season. They will have a pair of tough games to play though.

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First they will have to get the win against Sam Dekker and the Wisconsin Badgers on Saturday night. Then they will have to go up against the Michigan State Spartans or the Duke Blue Devils on Monday night. The games are going to be intense.

Kentucky has been able to sneak away with a few wins this season. There have been a number of teams that have had their chance at knocking off Kentucky, but John Calipari and the Wildcats have walked away from every game this season with that ‘W’. During the Elite 8, Notre Dame had their chance to knock off the Wildcats, but Andrew Harrison had a pair of clutch free throws to lead the Wildcats to a 68-66 win.

Back in February, LSU had a chance at knocking off the Wildcats, but they missed the 3-pointer at the buzzer. That shot would have halted the perfect season. Ole Miss took Kentucky to overtime and Texas A&M took them to double overtime. Each time, Kentucky walked away with the win.

40-0 is in their sights and someone was very aware of their run to perfection and was looking to capitalize on their perfect season. David Son filed for a trademark for “40-0” and has been selling “40-0” t-shirts since October 2013. He also has a website named 40and0.com. Son was sent a cease-and-desist letter last week.

“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.”

“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.”

There is a way that both sides can lose on this battle. What if Kentucky loses in the next week? We won’t have to deal with any of these battles and both sides lose.

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