cajuncocoa
01-29-2010, 02:18 PM
I have mixed feelings about this. I understand that the NFL has to protect its product. But Saints fans have been selling and wearing "Who Dat" gear since the 80s, and I guess that means no one needed the NFL's permission to do so. Now that the Saints are on the Big Stage in the Super Bowl, the NFL is taking a sudden (financial) interest.
On the other hand, is this the best time for Saints fans to get into a spitting contest with the National Football League?
WWL-TV reports that the National Football League is acting to protect its trademarks, including the phrase "Who Dat." (http://www.wwltv.com/news/Whoownswhodat-82841572.html) Several shops and t-shirt manufacturers report getting cease and desist orders related to the production and sale of items with the iconic New Orleans Saints (http://www.nola.com/saints/) phrase.
~ NOLA.com (http://www.nola.com/saints/index.ssf/2010/01/nfl_halting_sales_of_who_dat_m.html)
Related:
Despite NFL's claim, musician says he owned 'Who Dat' first (http://www.houmatoday.com/article/20100129/ARTICLES/100129120?Title=Despite-NFL-s-claim-musician-says-he-owned-Who-Dat-first-)
and
U.S. Senate candidates agree on 'Who Dat' controversy (http://www.nola.com/politics/index.ssf/2010/01/vitter_to_nfl_back_of_who_dat.html)
By The Times-Picayune (http://connect.nola.com/user/nolatp/index.html)
January 29, 2010, 1:03PM
Sen. David Vitter, (http://topics.nola.com/tag/david%20vitter/index.html) R-La., and is Democratic challenger, Rep. Charlie Melancon (http://topics.nola.com/tag/charlie%20melancon/index.html), D-Napoleonville, have found something to agree on: They both think the National Football League is out of bounds in claiming it has a trademark on "Who Dat."
Vitter is challenging the National Football League to back down from its claims (http://www.nola.com/news/t-p/frontpage/index.ssf?/base/news-14/126474663499550.xml&coll=1) or sue him, while Melancon has launched an online petition (http://action.charliemelancon.com/p/dia/action/public/?action_KEY=41)for fans to express their displeasure.
Melancon says: "The NFL is claiming that they own the phrase 'WHO DAT' and are sending cease and desist letters to local stores making merchandise bearing the phrase.
This is incredibly heavy-handed -- no one owns "WHO DAT" aside from the WHO DAT NATION!"
http://media.nola.com/politics/photo/who-dat-nation-saints-f-2jpg-9e705f75a15ced7a_medium.jpg
The Associated Press
"Who Dat" T-shirts on sale in the French Quarter.
Here is Vitter's letter to NFL Commissioner Roger Goodell.
Roger Goodell, Commissioner
National Football League
280 Park Avenue, 15th Floor
New York, NY 10017
Dear Commissioner Goodell:
I was stunned to learn recently that the NFL is taking the position that it owns the exclusive trademark of the term "Who Dat" and has even threatened legal action against some mom-and-pop merchants selling t-shirts using the term. I would urge you to drop this obnoxious and legally unsustainable position and instead agree that "Who Dat" is in the public domain, giving no one exclusive trademark rights.
This letter will also serve as formal legal notice that I am having t-shirts printed that say "WHO DAT say we can't print Who Dat!" for widespread sale in commerce. Please either drop your present ridiculous position or sue me.
"Who Dat" was probably first heard in New Orleans minstrel shows (http://www.nola.com/saints/index.ssf/2010/01/who_dat_popularized_when_every.html) well over 130 years ago. Much more recently, but before it was used in connection with the Saints, it was used as a rallying cry by St. Augustine High School in New Orleans. In the 1980s it was adopted by Saints fans in a completely spontaneous way. Only later did any legal persons, including the Saints and the NFL, try to claim it through registration.
Perhaps more significant than this history, "Who Dat" has become part of New Orleans and Louisiana popular culture. For the NFL to try to claim exclusive ownership of it would be like me registering and trying to claim exclusive ownership of the terms "lagniappe" and "laissez les bons temps rouler!"
Under Paul Tagliabue's leadership, the NFL was an unbelievable partner in helping us recover and rebuild after Hurricane Katrina. Thank you again. We look forward to your dropping your "Who Dat" position so that this partnership can continue without strain or blemish.
Sincerely,
David Vitter
Junior Senator of Who Dat Nation
On the other hand, is this the best time for Saints fans to get into a spitting contest with the National Football League?
WWL-TV reports that the National Football League is acting to protect its trademarks, including the phrase "Who Dat." (http://www.wwltv.com/news/Whoownswhodat-82841572.html) Several shops and t-shirt manufacturers report getting cease and desist orders related to the production and sale of items with the iconic New Orleans Saints (http://www.nola.com/saints/) phrase.
~ NOLA.com (http://www.nola.com/saints/index.ssf/2010/01/nfl_halting_sales_of_who_dat_m.html)
Related:
Despite NFL's claim, musician says he owned 'Who Dat' first (http://www.houmatoday.com/article/20100129/ARTICLES/100129120?Title=Despite-NFL-s-claim-musician-says-he-owned-Who-Dat-first-)
and
U.S. Senate candidates agree on 'Who Dat' controversy (http://www.nola.com/politics/index.ssf/2010/01/vitter_to_nfl_back_of_who_dat.html)
By The Times-Picayune (http://connect.nola.com/user/nolatp/index.html)
January 29, 2010, 1:03PM
Sen. David Vitter, (http://topics.nola.com/tag/david%20vitter/index.html) R-La., and is Democratic challenger, Rep. Charlie Melancon (http://topics.nola.com/tag/charlie%20melancon/index.html), D-Napoleonville, have found something to agree on: They both think the National Football League is out of bounds in claiming it has a trademark on "Who Dat."
Vitter is challenging the National Football League to back down from its claims (http://www.nola.com/news/t-p/frontpage/index.ssf?/base/news-14/126474663499550.xml&coll=1) or sue him, while Melancon has launched an online petition (http://action.charliemelancon.com/p/dia/action/public/?action_KEY=41)for fans to express their displeasure.
Melancon says: "The NFL is claiming that they own the phrase 'WHO DAT' and are sending cease and desist letters to local stores making merchandise bearing the phrase.
This is incredibly heavy-handed -- no one owns "WHO DAT" aside from the WHO DAT NATION!"
http://media.nola.com/politics/photo/who-dat-nation-saints-f-2jpg-9e705f75a15ced7a_medium.jpg
The Associated Press
"Who Dat" T-shirts on sale in the French Quarter.
Here is Vitter's letter to NFL Commissioner Roger Goodell.
Roger Goodell, Commissioner
National Football League
280 Park Avenue, 15th Floor
New York, NY 10017
Dear Commissioner Goodell:
I was stunned to learn recently that the NFL is taking the position that it owns the exclusive trademark of the term "Who Dat" and has even threatened legal action against some mom-and-pop merchants selling t-shirts using the term. I would urge you to drop this obnoxious and legally unsustainable position and instead agree that "Who Dat" is in the public domain, giving no one exclusive trademark rights.
This letter will also serve as formal legal notice that I am having t-shirts printed that say "WHO DAT say we can't print Who Dat!" for widespread sale in commerce. Please either drop your present ridiculous position or sue me.
"Who Dat" was probably first heard in New Orleans minstrel shows (http://www.nola.com/saints/index.ssf/2010/01/who_dat_popularized_when_every.html) well over 130 years ago. Much more recently, but before it was used in connection with the Saints, it was used as a rallying cry by St. Augustine High School in New Orleans. In the 1980s it was adopted by Saints fans in a completely spontaneous way. Only later did any legal persons, including the Saints and the NFL, try to claim it through registration.
Perhaps more significant than this history, "Who Dat" has become part of New Orleans and Louisiana popular culture. For the NFL to try to claim exclusive ownership of it would be like me registering and trying to claim exclusive ownership of the terms "lagniappe" and "laissez les bons temps rouler!"
Under Paul Tagliabue's leadership, the NFL was an unbelievable partner in helping us recover and rebuild after Hurricane Katrina. Thank you again. We look forward to your dropping your "Who Dat" position so that this partnership can continue without strain or blemish.
Sincerely,
David Vitter
Junior Senator of Who Dat Nation