NFL Who Dat Trademark: Saints Chat Song Banned From Merchandise

by Yuliya Talmazan | January 28, 2010 at 09:39 am
7170 views | 2 Recommendations | 24 comments

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The NFL is cracking down on the unauthorized sales of merchandise bearing the famous "Who Dat?" line. It has already warned several Louisiana T-shirt shops that are selling merchandise bearing the slogan "Who Dat?" and New Orleans iconic fleur de lis on it. The NFL now claims that they own the trademark, so it is sending out cease and desist letter to merchandisers. It now wants the unlicensed T-shirts and merchandise out of the stores ahead of the Super Bowl finals.

"Who Dat?" is an unofficial chant song of the fans of the New Orleans Saints. The Saints are heading to their first Super Bowl after thrashing Minnestoa Vikings last Sunday. The team was never a big player in the game, but beat Brett Favre's side 31-28 to advance to the Super Bowl where they will meet the AFC's Indianapolis Colts on Februrary 7, 2010. The chat goes: "Who dat? Who dat? Who dat say dey gonna beat dem Saints? Who dat? Who dat?" It has become integral to team's success, and the legion of the Saints fans now call themselves the "Who Dat Nation."

Some merchandisers in Louisiana are disputing that the NFL is the legit owner of the trademark. They say "Who Dat?" and fleur de lis belong to the people.

The original recording artist Sal Monistere agrees:

"Who Dat transcends the Saints, it transcends football," Monistere said. Who Dat is New Orleans. The Fleur de lis is New Orleans. Experts from the intellectual property industry and numerous attorneys agree on this. For the NFL to come after that fleur de lis is absolutely ludicrous, and it's an insult to the people of New Orleans who love and support one of the NFL's greatest teams."

Meanwhile, it is alleged the NFL demands that store owners pay a 10% royalty on shirts sold and do not print anymore shirts with the trademark on them.

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3
Who Dat Al

Who Dat? is ours, NOT the NFL's.  The shops here will continue printing and selling Who Dat? shirts.  The NFL does not own Who Dat or the Fluer di lis which has been around for centuries.  NFL needs to work on football rules and officials calling games and leave the fans iconic symbols alone.

3
BIGMIKE300

The NFL is a joke! All they're worried about is the $$$$$. We've been saying and wearing "Who Dat" for as long as i can remember and it was never a NFL trademarke. Now the Saints go to the Super Bowl and its there's? I guess after the Saints win the NFL will claim the city, hell maybe even Mardi Gras! A buddy is taking the family to Miami, they were planning on tailgating,but after calling the stadium was told that no tailgating was allowed within a mile of the stadium. However, after checking on line it seems there will be some tailgating going on at the stadium....."The NFL Tailgate Party" and tickets range from $900 - $1500. Unbelieveable!!!!! Like i said the NFL is a joke!

1
A yat

The fleur de lis is a symbol meaning the city of New Orleans.

0
Judy Rome

The Fleur de lis was the symbol of France before the revolution, the 1700's. Who Dat started in Patterson La.  The NFL has only been around for a mere 50 or 60 years, they didn't care until the Saints made it to the Super Bowl, WHO DAT thinks they can take over the symbol of New Orleans. 

5
Saints fan

We should charge the networks and the NFL a royality fee for everytime they use WHO DAT. The fees collected should be used for free Saints tickets for Saints fans. WHO DAT belongs to the FANS and not the NFL

0
d3m0n888

WHAT? no way why are they saying this now? i didn't see the NFL saying all this BS when the saints were under dogs

0
vedwed

No a Fleur De Lis is not copyrightable, but a Black Gold and White Fleur De Lis just like the registered trademark of the Saints is, this is the only thing the NFL can cease and desist, Who Dat is not a registered trademark of the NFL nor the Saints, so they have no grounds there, but a FDL in Saints colors is infringement and they have every legal right to C&D orders, and monetary compensation if the C&D order is not followed.

0
The Untouchable

I would like to tell the NFL to go talk to the country of France about the Fleur de Lis. Sorry NFL not yours. "VEDWED" is correct--- City of New Orleans--- DO NOT BACK DOWN to these greedy people..  Only stop using the actual registered trademark. I agree- where was the NFL before the "New Orleans Saints" became the #1 seed? 

1
Incensed Who Dat

What next? Are they going to start claiming Negro spirituals? "Oh when the saints go marching in..." I hope they lose more money than they're trying to scam off this one. It'd serve them right. I guess we now know who will beat dem Saints – the NFL.   As far as I’m concerned, this trademark malarkey just makes me care less for their "official" merchandise. I’m now more likely to make my own or buy stuff not officially endorsed by them because I don’t want to give support to their stealing the fan’s chant. Ie: NFL you can put dat where the sun don’t shine.

1
Trademark This

I'm from New Orleans and have several parts of my body the NFL may attempt to trademark. Who Dat say gonna trademark my ass?

0
yarddog3131

This is crazy, we ought tell the NFL they owe us for stealing the Fleur De Lis, but we aint like that, we just want to have a good time.GEAUX SAINTS  Who Dat Who Dat!!!!

1
CheckYourFacts81

NFL SHAME ON YOU! Since WHEN is "Who Dat?" yours? When? The originators of the song even say it belongs to the FANS. And maybe that ONE particular Fleur de lis is yours, the one on the helmets and uniforms. That one in particular is a specific color and style. Fine. But there is NO way that you have a right to ALL Fleur de lis. It originates from France and was brought here because WE, New Orleans and Louisiana were a FRENCH TERRITORY, way before the NFL was started. Even Jindal, our governor, made it an official symbol of the state. Where were your letters then?You may have a right to keep people from making money off of unauthorized Saints gear, but "Who Dat?" and Fleur de lis in general belong to New Orleans and fans, not you.

0
Cylinda

Tell the NFL to go visit Patterson High School.  As there is proof in their Year Book back in the 70's that "Who Dat" was used as a slogan for their football team.  There are even News Paper articles.  Also, a Baton Rouge college also claims that they started the saying.  I haven't seen proof of that yet, but I don't doubt them. Let's see if the NFL can prove that the phrase or solgan "Who Dat" was started by the NFL and not the people of South Louisiana. I think these stores being forced to stop the sales of their merchandise should force the NFL to prove that they have the right to the saying "Who Dat", I don't think the NFL would win in Federal Court.  Let's see did they claim the saying "Who Dat" last year, I guess not, because we weren't going to the Super Bowl last year.  This is all about Greed and big money.  South Louisiana has been through enough.  Their is not one Parish along the Gulf of Mexico that is not still trying to pick up the pieces as well as New Orleans, since 2005.  We are just starting to  live normal lives again, now the NFL want's to take our "Who Dat" saying and slogan from the people of Louisiana.  I mean last year you could by a t-shirt that said "Who Dat" were was the NFL last year.  NFL go pick on somebody else, because you want beat the people of Louisiana.  We are strong and always have been!!!!

2
Sereal

Watch out.  Next thing you know every slogan remotely associated with any team will belong to the NFL.  Are they going after the Bengals "Who Dey"? How about the Jets "J-E-T-S"?  Does the NFL own the terms "America's Team," "Raider Nation" or "Dirty Birds"?  Or does this simply boil down to the Saints being in the Super Bowl and the NFL want to line their pockets with gold?  What a joke.   WHO DAT!

0
DanielleC

I think if the NFL wanted to make a deal about "Who Dat" they should have "claimed" it when it was created over 20 years ago.  They only want claim now because the Saints can make them more money.  And as fir the fleur de lis that has been a symbol for New Orleans and the Saints as long as I can remember.  Give it up and leave us alone!  WHO DAT!!!!!

0
BuccaneersRule

 Hey people, stop whining. Sure the slogan was created several years ago, doesn't matter if it was created several centuries ago. The NFL now owns the trademark. Very simple, it may not be right but it is the law.

0
Bigger E

WHO DAT is Southern La. like making groceries, and nature ground oh and "yea ya right " you knok at Ms Carrie's door when I was a kid a long time ago and she would say in her 80yr old voice  "who dat baby" no one owns that.

0
WHO DAT? MEAGAN

I think that the NFL is jealous...they were not worried about the Who Dat phrase until we made it to the Super Bowl...Now they think that they are going to make money off of us...and if they do end up trying to sue everyone they are going to lose, because if they really wanted the phrase that bad they would've tried to take it along time ago...now Who Dat say they gonna beat them Saints??? The Saints are going to win the Super Bowl...                                                              Thanks- Who Dat Nation!  

0
Who Dat?

Excuse me!  Are you serious???? WHen did the NFL buy the trademark "Who Dat?"  and who did they buy it from?  The fans?  Well, I sure did not get a check for it and I'm sure the other fans did not either.  Who Dat NFL Think De Is?  WHO DAT? WHO DAT?

1
manopeople

who dat is a fan based chant,nothing the nfl or the saints came up with or really ever marketed,im a saints fan but the timing on this is spoiling it for me,let the saints lose and the bigwigs at the nfl try to market who dat there after,these people are fools.i wonder how much who dat youll here at the game,this kinda crap pisses of people from the bayou state.

0
WHO DAT 4 LIFE!!

I am sickened to see such GREED over shadow my teams FIRST NFL SUPERBOWL berth!  Why must it always be about money?!  Doesn't the NFL have enough?!  Now you are coming after a slogan that I've been chanting for OVER 36 years!  C'mon, give us ALL a break and cease and desist your GREED for once.  A co-worker of mine told me that the outcome of Football games are totally based on what the NFL wants, I guess we will see if PURE SAINTLY talent will WIN or if the NFL decides differently on the 7th!  The NFL owns WHO DAT hahaha, in the words of Andy Rooney, " GIVE ME A BREAK"!  Oops, guess I should check to see if he "trademarked" that!   

0
onemorething

if anyone from the NFL or Saints happen to read this,you guys keep on with the "who-dat"trade mark crap,i will never buy another saints jersery or anything else from the NFL,You guys dont have a clue,you finally have a team capable of producing real sales revenue and in your rush for greed you sink it as opposed to give it time to grow into something meaningful,hell you might could have even pulled this in a few years,but so soon?idiots.

0
Saints#1fan

Of course they want to say its trade mark. that way you can only buy it from them. They are going to drop it, promise. You know why? Because when someone knocks on the door, we say 'who dat' thats just how it is here. As far as the fleur de lis, they can come try and take it from them. Do they know who they messing with? I think us in the Who Dat Nations going to have to remember them. In Miami they told us, no one can tail gate near the staduim the games being held at, not with in two miles of it. If you want to tail gate you have to be outside of that two miles, I think they scared haha. 

0
Stan Da Man

If the "who Dat" has been around since the '80s and they legal owners have failed to protect until now; the,n it has slipped into th eownership of the public domain

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