As the Saints prepare for their first ever Superbowl appearance, the battle is heating up over the phrase “Who Dat?” (short for “Who Dat Say Dey Gonna Beat Dem Saints?”, a common chant at Saints games since the 1980s).
The NFL is claiming that it owns exclusive trademark rights to the phrase used in association with the Saints football team (e.g. in conjunction with the Saints’ emblem, the fleur-de-lis) and recently started sending out cease and desist letters to local shops selling “Who Dat?” merchandise the NFL believes to be in violation of its trademark rights. Many of these shop owners, however, say they are confused about who, if anyone, owns exclusive rights to “Who Dat?”, especially with some Louisiana politicians releasing statements that the phrase is in the public domain and urging the NFL to drop its pursuit of its claims.
Two long-time Saints fans, brothers Sal and Steve Monistere, are also claiming exclusive rights to “Who Dat?” through their corporation, Who Dat, Inc. In an appearance today on MSNBC, Steve Monistere claimed that the “I’m a Who Dat Fan” logo was trademarked in 1983 after it was made famous through the Aaron Neville song.
After watching the segment on MSNBC, I did a little research of the USPTO records and I was not able to find any evidence of the “I’m a Who Dat Fan” logo. I did, however, find several trademark applications filed by Who Dat, Inc. in connection with the Who Dat? phrase, including “Who Dat? Blues Band” in connection with live music performances, filed in 2002 and still active today, and one for “Who Dat” clothing that was applied for in 1993 but abandoned in 1995 for failure to file a statement of use. Accordingly, there is nothing presently on file with the USPTO that gives Who Dat, Inc. exclusive rights to the phrase in connection with T-shirts and other clothing merchandise. This does not, however, mean that the company does not have such exclusive rights. As long as they can prove that they were using it first, then their rights would be superior to anyone else’s. In fact, Who Dat, Inc. recently filed a trademark application on January 7, 2010 for use of Who Dat? on T-shirts and other clothing, claiming a date of first use of October 14, 1983. It will still be up to the USPTO to determine whether the phrase should be granted registration, and the NFL will still have an opportunity to oppose registration.
Mr. Monistere also claims to have documentation from the New Orleans Saints whereby the Saints acknowledge Who Dat, Inc’s trademark ownership and promise to never oppose it. Additionally, Mr. Monistere claims that since 2005 his company has been producing T-shits that contain both the Who Dat phrase and the fleur-de-lis on it without opposition from the Saints. However, even if all that is true, the Saints and the NFL are two different organizations, and it is the NFL, not the Saints, that has been sending out the cease and desist letters. That said, if the company has been producing the T-shirts since 2005 with the NFL’s knowledge and the NFL has not until now opposed it, Who Dat, Inc. could use the NFL’s lack of opposition over the past four years to its advantage.
{ 0 comments… add one now }