facepalm-NFL orders shops to stop selling 'Who Dat' gear

335e92tx · 01-30-2010, 08:03 AM

Sounds like the NFL has got its eye on $$$$ a little too much

http://www.wwltv.com/news/Whoownswhodat-82841572.html
NEW ORLEANS - 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.

“They're telling me not to print anymore shirts and to get rid of the inventory that I have because it says the words 'Who dat' and it has a gold fleur de lis on the shirt,” she said.

But Thom’s t-shirt isn’t the only one the NFL has a problem with. Storyville t-shirt shop also got a cease and desist order for two of their t-shirts.

“I really thought the 'Who Dat' was something that belonged to the people more than to the Saints or to the NFL or anything else,” said Storyville co-owner Josh Harvey.

According to NFL spokesman Dan Masonson, "Any unauthorized use of the Saints colors and other [marks] designed to create the illusion of an affiliation with the Saints is equally a violation of the Saints trademark rights because it allows a third party to 'free ride' by profiting from confusion of the team's fans, who want to show support for the Saints."

Loyola Law School intellectual property professor Ray Arieaux said the ownership of 'Who Dat' may be a gray area.

“Is there some unfair trade taking place because maybe the public does associate that with the Saints? The question is what does the public associate with 'Who Dat,'" Arieaux asked.

And the NFL isn't the only company claiming ownership of the phrase.

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."

“If they really do own it, what they want to do is, we'll come out together and have a shirt that says ‘Defend Who Dat.’ Because it started by the fans and its for the fans,” Thom said.

Some say "Who Dat" came from an 1890's jazz song, but when it comes to modern-day ownership of "Who Dat," Arieaux said the more sources of it, the less likely it is that anyone owns it, and ownership all depends on what people think of when they see or hear "Who Dat."

“Do they think about fans supporting or do they think about, oh, it's something really from the Saints and the NFL? And I don't know the answer to that,” Arieaux said.

jpsum · 01-30-2010, 08:14 AM

that's like Paris Hilton trying to claim "That's Hot" as hers.

MontegoGoGoGo · 01-30-2010, 11:38 AM

I think she did. Or tried to.

InsaneSkippy · 01-30-2010, 12:05 PM

Quote:

Originally Posted by jpsum

that's like Paris Hilton trying to claim "That's Hot" as hers.

http://www.washingtonpost.com/wp-dyn...090800448.html

UncleWede · 02-01-2010, 11:59 AM

The NFL doesn't care about "WhoDat" but they do care when you put an NFL-licensed logo, like the Saints, on the shirt also.

335e92tx · 02-01-2010, 12:14 PM

Quote:

Originally Posted by UncleWede

The NFL doesn't care about "WhoDat" but they do care when you put an NFL-licensed logo, like the Saints, on the shirt also.

But the question is did they care before 2 weeks ago?

UncleWede · 02-01-2010, 12:24 PM

Depends on when they found the ones on somebody's website. There is always a crack-down on people selling just outside the stadium.

Year's_End · 02-01-2010, 12:32 PM

whenever someone types who dat it makes me wanna kick a kitten. such a stupid phrase.

BMW F22 · 02-01-2010, 03:10 PM

The logo and the phrase are not owned by the NFL. It's only when they use those things in conjunction with the word "SAINTS" or the NFL logo or anything like that that it ticks off the NFL. I mean even if someone uses the logo, the phrase "NOLA" and/or "who dat", it's not a copyright issue.

01-30-2010, 08:03 AM	#1
335e92tx ahat 1070 Rep 2,592 Posts Drives: Was '07-335e92 - Now '13-335IS Join Date: Mar 2008 Location: Texas iTrader: (6)	facepalm-NFL orders shops to stop selling 'Who Dat' gear Sounds like the NFL has got its eye on $$$$ a little too much http://www.wwltv.com/news/Whoownswhodat-82841572.html NEW ORLEANS - 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. “They're telling me not to print anymore shirts and to get rid of the inventory that I have because it says the words 'Who dat' and it has a gold fleur de lis on the shirt,” she said. But Thom’s t-shirt isn’t the only one the NFL has a problem with. Storyville t-shirt shop also got a cease and desist order for two of their t-shirts. “I really thought the 'Who Dat' was something that belonged to the people more than to the Saints or to the NFL or anything else,” said Storyville co-owner Josh Harvey. According to NFL spokesman Dan Masonson, "Any unauthorized use of the Saints colors and other [marks] designed to create the illusion of an affiliation with the Saints is equally a violation of the Saints trademark rights because it allows a third party to 'free ride' by profiting from confusion of the team's fans, who want to show support for the Saints." Loyola Law School intellectual property professor Ray Arieaux said the ownership of 'Who Dat' may be a gray area. “Is there some unfair trade taking place because maybe the public does associate that with the Saints? The question is what does the public associate with 'Who Dat,'" Arieaux asked. And the NFL isn't the only company claiming ownership of the phrase. 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." “If they really do own it, what they want to do is, we'll come out together and have a shirt that says ‘Defend Who Dat.’ Because it started by the fans and its for the fans,” Thom said. Some say "Who Dat" came from an 1890's jazz song, but when it comes to modern-day ownership of "Who Dat," Arieaux said the more sources of it, the less likely it is that anyone owns it, and ownership all depends on what people think of when they see or hear "Who Dat." “Do they think about fans supporting or do they think about, oh, it's something really from the Saints and the NFL? And I don't know the answer to that,” Arieaux said. __________________ '13 335IS N54 (1 of 373 LeMans Blue out of 3597 total production e92)- Grey interior (1 of 24 in LMB with any trans- 1 of 14 with DCT)-MODS -MFactory LSD/MHD-BQ custom Tune/ATM-IC/AFE Momentum GT Intake/Konis/Mfront&HeimJoint Rear rods&arms/Brembos. https://photos.app.goo.gl/Lo6aHZRo7XqtPkhL8
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01-30-2010, 08:14 AM	#2
jpsum Major 286 Rep 1,088 Posts Drives: 2010 TSX Join Date: Dec 2008 Location: New Haven area iTrader: (4)	that's like Paris Hilton trying to claim "That's Hot" as hers.
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01-30-2010, 11:38 AM	#3
MontegoGoGoGo I'm kind of a bitch 396 Rep 895 Posts Drives: Montego/Cream E93 Join Date: Jan 2009 Location: St. Louis & St. Petersburg iTrader: (0) Garage List 2007 E93 [0.00]	I think she did. Or tried to. __________________ E93: Montego/Cream <---- E46 (Coupe): JB/Black <---- E30 (Cabrio): Alpine White/Black
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02-01-2010, 11:59 AM	#5
UncleWede Long Time Admirer, First Time Owner 18430 Rep 9,426 Posts Drives: G01 X3 M40i Dark Graphite Join Date: Jun 2005 Location: Oxnard, CA iTrader: (0)	The NFL doesn't care about "WhoDat" but they do care when you put an NFL-licensed logo, like the Saints, on the shirt also.
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02-01-2010, 12:24 PM	#7
UncleWede Long Time Admirer, First Time Owner 18430 Rep 9,426 Posts Drives: G01 X3 M40i Dark Graphite Join Date: Jun 2005 Location: Oxnard, CA iTrader: (0)	Depends on when they found the ones on somebody's website. There is always a crack-down on people selling just outside the stadium.
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02-01-2010, 12:32 PM	#8
Year's_End Lieutenant General 1232 Rep 12,446 Posts Drives: 2020 Shelby GT350 Join Date: Feb 2007 Location: FL iTrader: (0)	whenever someone types who dat it makes me wanna kick a kitten. such a stupid phrase. __________________ Past: '08 E92 335i\|ZPP\|ZSP\|6AT Past: '15 Mustang GT\|401A\|PP\|6MT Current: '20 Shelby GT350\|6MT
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02-01-2010, 03:10 PM	#9
BMW F22 Major General 3654 Rep 9,783 Posts Drives: ///M235i Join Date: Nov 2005 Location: Bay Area iTrader: (8)	The logo and the phrase are not owned by the NFL. It's only when they use those things in conjunction with the word "SAINTS" or the NFL logo or anything like that that it ticks off the NFL. I mean even if someone uses the logo, the phrase "NOLA" and/or "who dat", it's not a copyright issue.
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