As the Saints' appearance in their first Super Bowl gets closer, the marketplace is being flooded with Saints merchandise and memorabilia as businesses are looking to cash in on the euphoria, but the NFL is cracking down on the use of their trademarks, including the iconic phrase "Who Dat."
But who really owns "Who Dat"? Does anyone? Who is a “Who Dat?” What is a “Who Dat?” Who owns the phrase, "Who Dat?"
They're all questions Fleurty Girl t-shirt shop owner Lauren Thom is being forced to answer.
“The NFL is not a company that I want to rock the boat with, but I definitely want to look into it further to see what my rights are,” Thom said.
Two weeks ago, Thom got a cease and desist order from the NFL.
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Loyola Law School intellectual property professor Ray Arieaux said the ownership of 'Who Dat' may be a gray area.
So. The NFL thinks they own "Who dat?"
The Monistere brothers, Sam and Sal, have another idea.
Sal and Steve Monistere recorded a version of "When the Saints Go Marching In" in the early eighties and incorporated the "Who Dat" chant into it. Aaron Neville recorded it, and performed with our own Eric Paulsen in an early '80's video version.
Because the song helped create the widespread use of the “Who Dat” chant, the Monisteres and their company, Who Dat, inc., say they own "Who Dat."
As I see it, the people of New Orleans and anyone else who wants to say the words or display the words own "Who dat?" The people of Louisiana and of France and anyone else who likes the fleur-de-lis symbol own the symbol and may display the symbol - yes, even if the fleur-de-lis is black and gold. I ask you, "Will I have my black and gold tattoo ripped off my ankle?" As one of my attorney friends says when he gives me free legal advice, "This is not a legal opinion".
The NFL's cease and desist orders to small businesses in a time of recession make them look very bad. At least in New Orleans and Louisiana, their actions are terrible PR. I would not for the world purchase an official NFL Saints item.
Below is a picture of my mini-protest to the actions of the NFL. The sign, which stands in front of my house, is not an official NFL item.
Way to go! Love the sign!
ReplyDeleteHi Joan. I saw the sign in a store in New Orleans today, and I had to have it. I bought a pewter butter dish with a fleur-de-lis handle on the cover, but it's not black and gold. However, Grandpère bought a Saints tee-shirt with two fleurs-de-lis and black and gold colors. The shirt is not an official NFL item.
ReplyDeleteWe're going crazy with "Who dat?" and fleur-de-lis around here.
Wonderful. I would think "who dat" is in the public domain, myself, but that's not legal advice either.
ReplyDeleteWell, the dust-up seems to be over, with the NFL backing down. They didn't know what a force they'd be up against.
ReplyDeleteYou, of course and maybe the whole of Saints fandom.
ReplyDelete