IP/Internet/New Media Blog

By Galen Gentry

Last Monday, the NFL registered a trademark for use of the phrase “Who Dat?” on apparel with the Florida Department of State.  The NFL began sending cease and desist letters to vendors in New Orleans who sell clothing and hats that have “Who Dat? on them.  According to the Wall Street Journal’s story published Friday the NFL claims that it has been using the phrase and enforcing its rights for twenty years.  The citizens of New Orleans have been vocal in their displeasure with the NFL’s position.  Louisiana politicians have also weighed in.  Congressman Charlie Melancon and Senator David Vitter have contacted the NFL urging them to drop its claim. To date the NFL remains unmoved. According to the NFL vendors selling shirts adorned with the phrase Who Dat and the name of the team are infringing.  And, the commonly seen shirts that simply say “Who Dat?” in black and gold without the word Saints won’t pass muster with the NFL because “Who Dat?” refers to the team.  Today, Louisiana Gov. Bobby Jindal  has asked the state attorney general to look into a possible lawsuit over the ownership rights to the popular phrase.