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  1. #1
    Join Date
    Oct 2007
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    Baltimore, MD
    Posts
    158

    OT: Big bad NFL at it again



    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.
    I guess I better think twice before naming my next dog after Ray Rice.





  2. #2

    Thumbs down Re: OT: Big bad NFL at it again

    The NFL goes overboard with its IP practices. Neither the Fleur-de-lis nor "Who Dat" is a direct reference to the Saints, so the suits are trying to make a case that there's an infringement by linking the two. Even if the NFL were to prevail, it would be wrong in the court of public opinion.

    I hope they don't go after the purple Natty Boh shirts!

    btw: "Who dat" is really a stupid chant. I laugh at Saints fans who do it (so do many other Saints fans).
    In a 2003 BBC poll that asked Brits to name the "Greatest American Ever", Mr. T came in fourth, behind ML King (3rd), Abe Lincoln (2nd) and Homer Simpson (1st).





  3. #3
    Join Date
    Aug 2006
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    Re: OT: Big bad NFL at it again

    Quote Originally Posted by Mista T View Post
    btw: "Who dat" is really a stupid chant. I laugh at Saints fans who do it (so do many other Saints fans).
    So did the Bungles steal their "Who Dey" chant from the Saints?





  4. #4
    Join Date
    Sep 2009
    Location
    Clayton,NC
    Posts
    9,026

    Re: OT: Big bad NFL at it again

    I disagree with the NFL on this, but I actually like the result. I am as tired of hearing "Who Dat" as I am of "Git-R-Done"
    We are all born ignorant, but one must work hard to remain stupid. - Benjamin Franklin





  5. Re: OT: Big bad NFL at it again

    I have Saints fans in the extended family and I think the "Who Dat" line makes them sound mentally challenged. I'll be rooting with them vs. the Colts but :bag:

    I think the Bengals "Who Dey" actually came first. Anyway, both chants are moronic.

    I'd like to see the NFL get into a big lawsuit with the boy scouts over the fleur-de-lis. That would be an awe-inspiring confluence of douchebaggery.





  6. #6

    Exclamation Re: OT: Big bad NFL at it again

    Quote Originally Posted by myfavoriteboxer View Post
    I think the Bengals "Who Dey" actually came first. Anyway, both chants are moronic.
    I don't think that "Play Like a Raven" is particularly awe-inspiring, either!
    In a 2003 BBC poll that asked Brits to name the "Greatest American Ever", Mr. T came in fourth, behind ML King (3rd), Abe Lincoln (2nd) and Homer Simpson (1st).





  7. #7
    Join Date
    Aug 2006
    Location
    Reisterstown, Md
    Posts
    717

    Re: OT: Big bad NFL at it again

    Are they going to sue the Boy Scouts and Cub Scouts who use the Fleur-de-lis? BSA has been around a lot longer then the Saints.
    http://www.usscouts.org/clipart/libr...SA_Misc_Logos/

    Some of the colors are also black and gold, thats the color of my sons neckerchief.

    Even our Sea Scout logo has a Fleur-de-lis.

    http://clipart.usscouts.org/library/...ia/Sea_Scouts/


    Guess they have to fight the Catholic Church--but I bet the Church wins.
    http://www.fleurdelis.com/fleur.htm
    Last edited by Drkraven; 01-28-2010 at 07:01 PM.





  8. #8

    Re: OT: Big bad NFL at it again

    Quote Originally Posted by Mista T View Post
    I don't think that "Play Like a Raven" is particularly awe-inspiring, either!
    "Play Like a Raven" only inspires me when I'm constipated.

    WORST.

    CHANT.

    EVER.





  9. #9

    Re: OT: Big bad NFL at it again

    "Play Like A Raven" isnt so much a chant as it is a motto or slogan.

    the worst chant ever has got to be the "Go Rave Go" they did at the stadium on the Smartvision boards for a few games maybe 6-7 years ago. i guess that was trying to immulate the Packers "Go Pac Go" but atleast some people call the Packers, The Pac. No one calls the Ravens the Rave.





  10. #10

    Re: OT: Big bad NFL at it again

    [Redacted]

    Nevermind, I am wrong.
    Last edited by Ravenswarrior19; 01-28-2010 at 10:51 PM. Reason: Embarassing Wrongness





  11. #11
    Join Date
    Jan 2010
    Location
    Westminster (FORMER Training Camp)
    Posts
    2,183

    Re: OT: Big bad NFL at it again

    The "Go Pack GO" or some variation is a bit high-schoolish, but when I was in Green Bay, some of the visitors started chanting "Go Flac-Co" after they did theirs. It was a tad humorous.

    As an attorney I understand the business issues related to the use of words, slogans, symbols, etc., but there are times to just let it go. This is a focus only because the Saints are in the Big Game. Pick the battles.

    Go Saints.





  12. #12
    Join Date
    Aug 2006
    Location
    Perry Hall
    Posts
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    Re: OT: Big bad NFL at it again

    Quote Originally Posted by RAVENOUS52 View Post
    "Play Like a Raven" only inspires me when I'm constipated.

    WORST.

    CHANT.

    EVER.
    Since when is "Play like a raven" a chant? It's just a slogan they've been using this year.

    The closest we'd have to a chant is that 'What's our name? RAVENS!" thing they were doing last year, and aren't even doing anymore.

    Maybe another example of picking on a Harbaugh idea?





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