CAL POLY - In what attorneys say is an unusual move, the state's 2nd District Court of Appeals will reconsider its unanimous decision to prohibit Bello's Sporting Goods store from selling products using the Cal Poly name.

Attorneys for the local store filed a petition for rehearing July 1, just weeks after the court decided that selling goods with the university's name violated the state Education Code.

Private businesses cannot use Cal Poly's name on its merchandise without California State University trustees' permission, according to the code.

The court is expected to rule again on the case some time in August, attorneys said.

"I hope that they may see the light," said Neil Tardiff, attorney for the store.

California State University officials are hopeful the court will uphold its decision.

"CSU will defend its right to protect its name and reputation," said Clara Potes-Fellow, a California State University spokeswoman.

In its June decision, the Court of Appeals reversed a 2001 Superior Court ruling that said the sporting goods store had a right to sell the university merchandise. That decision was based on a CSU request that the Legislature amend the Education Code to protect school names "official and nicknames" from commercial use, which was passed in August 2001.

Appeals Court Justice Arthur Gilbert said Bello's had no constitutional right to "exploit the value of the university's hard-won reputation." The court also ordered Bello's to pay the CSU system for court fees, excluding attorney costs.

Tardiff's petition asks the court to reconsider its position largely because the legislation is being applied to a store that had been using Cal Poly's name long before the Education Code was amended.

"If the Legislature determines that something isn't right, it should only apply for future acts," Tardiff said.

While attorneys said the court's action is welcome, if unusual news, it's unclear whether the court will change its stance. Usually, the Court of Appeals does not rethink its opinions, Tardiff said.

The feud between the university and the sporting goods store began about a decade ago after the Cal Poly Foundation asked Bello's and other stores to stop selling university merchandise.

When Bello's continued, the CSU filed a lawsuit against the store.

On Tuesday, owner Tom Bello said he's eager to see the battle through to the bitter end.

"I'm pleased that they'll take another look," he said.