Mar 29, 2013 03:37 PM EDT
Florida Gulf Coast University Takes On Gators Friday As Dunk City Trademark Battle Could Head To Court Following Upset Wins

Florida Gulf Coast University has quickly become the main story of the NCAA Tournament after upsetting Georgetown and San Diego State University and some people in the state are trying to capitalize, including a man who has tried to trademark "Dunk City".

According to Darren Rovell at ESPN.com, a man from Florida who lives in the same two where FGCU is has already filed trademarks for "Dunk City", which is a nickname for the team. The report says that music producer Charlie Pennachio, of Fort Myers, Fla., has filed papers with the U.S. Trademark and Patent Office on Monday for the term, just one day after the Eagles defeated San Diego State in the tournament.

The team is the first 15-seed to advance to the Sweet 16 and they would be the first in the Final Four if they defeat Florida on Friday. Pennachio told ESPN.com that his son attends the school and that one of his clients told him he should do it.

"It's a real phenomenon what's going on in Fort Myers," Pennachio said. "We want to start a company, and doing something associated with basketball seemed like a perfect opportunity. We know the university is using it now, but we want to take it to a different kind of level."

According to the report, the school as sold merchandize with the logo and "Dunk City" on it, but there was never any formal claim on the phrase to the government. Michael Van Wieren, general counsel of Licensing Resource Group, the firm that controls the FGCU's licensing program, said that the school is linked with the term and that without it the phrase would not mean anything in regards to college basketball.

"It's a real phenomenon what's going on in Fort Myers," Pennachio said. "We want to start a company, and doing something associated with basketball seemed like a perfect opportunity. We know the university is using it now, but we want to take it to a different kind of level."

Despite the fact that Pennachio made the claim first, the school still can establish a claim for it and can prove that they should have sole rights. Van Wieren said he sent cease and desist letters to people using "Dunk City" and that the issues would be worked out.

"Our position is that 'Dunk City' is inextricably linked with FGCU," said Michael Van Wieren. "Had it not been for FGCU, 'Dunk City' would not have achieved its fame or notoriety."

The school has gained a ton of notoriety for the win and has sold heaps of merchandise since advancing.

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