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Thread: OT: Big bad NFL at it again
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01-28-2010, 02:46 PM #1
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.
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01-28-2010, 02:56 PM #2
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).
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01-28-2010, 03:45 PM #3
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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"
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01-28-2010, 05:49 PM #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.
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01-28-2010, 06:13 PM #6
Re: OT: Big bad NFL at it again
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).
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01-28-2010, 06:37 PM #7Regular 1st Stringer
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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.htmLast edited by Drkraven; 01-28-2010 at 07:01 PM.
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01-28-2010, 07:57 PM #8
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01-29-2010, 11:30 AM #9Legendary RSR Poster
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Re: OT: Big bad NFL at it again
According to the Saints web site, "The New Orleans Saints name and logos are copyrights of the National Football League. Any person or business wishing to make and sell products incorporating NFL copyrights must obtain a merchandise license from NFL Properties."
The Fleur-de-lis in of itself is not property, but a black and gold version I am sure is. Especially when you plaster it on an t-shirt that's obviously being used to promote the team.
The standard is if a court will infer "copying by a showing of a "striking similarity" between the copyrighted work and the alleged copy. So, according to the article, the NFL has a strong case.
No chance. There are no team logo's and they simply mention "Baltimore Football"
Now there is a member of these boards that is treading a fine line, a line that I know for a fact the team (and band) is working toward correcting.
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01-29-2010, 11:32 AM #10Regular 1st Stringer
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01-29-2010, 05:11 PM #11Pro Bowl Poster
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Re: OT: Big bad NFL at it again
If the Saints keep using the Fleur-de-Lis, they may get a call from this guy. After all, doesn't the F-d-L represent a coopting of a trademark of the French Crown?
Maybe some of John Law's descendants could get involved as plaintiffs as well.
BS
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