Saturday, April 24, 2010

Saints are trying to claim their rights to “Who Dat?”

Since last season’s victory in the Super Bowl XLIV over the Indianapolis Colts, the champion team New Orleans Saints have been in a court fight against a local recording company for the rights “Who Dat?”, which is a popular cheer of Saints fans and often appear on the Saints jerseys there wear while watching games.

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According to recent reports, Who Dat? Inc., owned by Brothers Sal and Steve Monistere, has been selling the local hit since 1983 when they first made a recording of the cheer. After the Saints won the first Super Bowl title in the franchise’s history, who owned the right to the two-word phrase suddenly attracted attention. On March 4th, the company filed a suit in U.S. District Court in Baton Rouge to claim trademark rights to it and asked for compensation from the team that has been represented by the phrase.

However, NFL Properties and the Saints replied with their understanding of how a company tries to promote their products by getting involved into something related to a famous local franchise. They said on Thursday that the company is simply trying to gain some benefits from Saints’ Super Bowl victory, which caused many fans to buy “Who Dat?” products for celebration.

1 comment:

  1. The information that everyone seems to be missing is that in 1987 the SAINTS accepted a LICENSE FROM WHO DAT?, Inc. for the use of Who Dat? . In that agreement the SAINTS acknowledged Who Dat?,Inc.'s ownership of the mark and agreed to NEVER challenge it. As a matter of fact, THE SAINTS agreed to help protect it and police it. Trade Mark law states that a Junior Licensee of a mark (The Saints) can establish the marks origin on behalf of the Senior Licensor (Who Dat?, Inc.) . Thus, the fact that the public may associate the mark with the Saints does not give them ownership. In addition, Who Dat?, Inc. is NOT using any of the Saints/NFL marks on their products. The NFL’s claim is weak at best. After 27 years of “Who Dat Sey Dey Gonna Beat Dem Saints”, how can a T Shirt that says Who Dat? NOT be associated with the Saints? This suit tells the real tale of how the NFL and the Saints treat their fans… .And in this case, two fans who have created the most successful marketing campaign in NFL history. Read the entire suit at http://www.whodatstuff.com/suit/NFLcomplaintFINAL.pdf . You can also send your thoughts to the NFL commissioner at Roger.Goodell2@nfl.net

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