SAN LUIS OBISPO - Bello's Sporting Goods plans to appeal a recent court ruling that prohibits the store from selling unlicensed merchandise labeled with the Cal Poly moniker, the store's attorney said Friday.

Within the next five weeks, the downtown San Luis Obispo store will file a petition to appeal to the California Supreme Court, said attorney Neil Tardiff.

The 2nd District Court of Appeal decided unanimously Wednesday that selling the gear violates the state Education Code, which says private businesses cannot use the "Cal Poly" name on its products without permission from the California State University trustees. It reverses a 2001 Superior Court decision that favored Bello's.

California State University, a system that includes Cal Poly and 22 other campuses, sued the store in 1999.

After the initial Superior Court loss for the CSU, the school system asked the state Legislature to amend the Education Code and specifically protect school nicknames -- not just official names -- from commercial use. The governor signed the amendment in August 2001.

Tardiff said Friday that the new Education Code statute should not be applied in this suit, which was filed before the new statute became law.

"I think it was illegally and retroactively applied," he said.

The appellate court disagreed, saying "it would make no sense to affirm a judgment denying an injunction based on what the law used to be."

CSU spokeswoman Clara Potes-Fellow said she's doubtful the state Supreme Court will accept the case because the appellate court decision was unanimous.

"The CSU believes that the schools' names are an important asset," she said. "The university has the privilege to have control of those names."