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Karen Dalton-Beninato

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Interview: Who Dat Trademark Holder Speaks Out on NFL

Posted: 01/27/2010 4:48 pm

2010-01-27-Whodat45COVER.jpgAs the Saints march toward the Super Bowl, there's a chill in the midst of the Who Dat Nation. The National Football League has issued cease and desist orders to various New Orleans merchants, including for infractions as small as a fleur de lis in the middle of the "o" in #whodat. When you're covering something this important to our city, you go to the source. As far as trade marks for WhoDat are concerned, that's Sal and Steve Monistere.

Steve recorded the Who Dat chant in 1983, and using that chant, he recorded the original "Who Dat" single with members of the Saints offensive line and singer Aaron Neville (photo of the original single above). Then, together, the Monistere brothers immediately embarked on one of the most ingenious marketing campaigns in sports history. And the Who Dat Nation was born.

Steve Monistere, a founding member of New Orleans party band The Topcats, read about the recent NFL actions regarding the use of Who Dat in my article on New Orleans.com. "I had heard about the cease and desist, and had seen this article," Monistere said. When reading the comments, he mentioned that "the third from the top is right on." That comment describes the Monistere's hit song and the registration for trademarks of Who Dat.

As far as the intellectual property, Monistere explains that, "Sure, a fleur de lis can belong to the Saints, but in very specific usage, and everybody knows what that is," Monistere explained. "If you go back to 1967, to date, they have registered and used the fleur de lis in a very specific way. They put it on the Saints helmet and on the Saints shield. Its colors are very specific -- they're old gold and black.

"But for the NFL to expand that definition and say that no matter what color and what style of fleur de lis, if you put it on an item, it means Saints, it is, as many believe, just not correct. The fleur de lis belongs to everyone including the people of New Orleans," Monistere said.

According to Sal Monistere, the Who Dat brand is viral. "It's gone global in a way that shows no sign of stopping," he said. "Our product sells everywhere, and it doesn't say Saints. All through the year, outside the football season, it's here in the shops and on the streets. Prior to 1983 when we first did the song people didn't' answer the door by saying "Who Dat?". But they do now. And they don't' answer by saying "Who Dat say de gonna beat dem Saints", they just say "Who Dat?". As we nurtured it, it acquired a secondary meaning.

"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."

 

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11:46 AM on 01/31/2010
Believe me, the "Who Dat" nation is up in arms about this today. The NFL has stirred up a hornet's nest by trying to co-opt unique symbols of New Orleans. The Fleur-de-lis cannot be copyrighted, it is a symbol of France as well as other countries, organizations etc. and has been in use for over 1000 years!!

My god the Boy Scouts even use it. As a religious symbol it may represent the Trinity, or be an iconographic attribute of the archangel Gabriel, notably in representations of the Annunciation.[2] In such contexts, the fleur-de-lis is associated with the Virgin Mary.

It is also used by the 256th Infantry Brigade Combat Team and the Corps of Cadets at Louisiana State University.

Do thes bunch of idiots know what they are doing.

Louisiana is a proud state, proud people with DEEP roots in tridition, don't screw with us MR. NFL.
02:45 PM on 01/30/2010
Ha ha, oh NFL, you never cease to entertain me, also Donkey Tees has "Who Dat?" shirts. Awesom.
http://www.donkeyts.com/design/687+WHO+DAT/?rcc=kingkoopa
11:40 AM on 01/29/2010
The Saints actually “borrowed” the fleur-de-lis from the flag of the city of New Orleans, a field of red, white and blue horizontal strips with three gold fleur-de-lis against the white field. The fleur-de-lis on the flag of New Orleans are reminders of the origin of the city, named in honor of the Regent of France at this time (1718) Philippe, Duc d’Orleans. The fleur-de-lis symbol has by used by the Royal Houses of France since the time of Charlemagne. So is the NFL going to sue the Country of France for using the fleur-de-lis? If anything, they could sue the NFL for restriction of it use. Actually no one could sue anyone because the Fleur-de-lis symbol, not matter how its used is a fair use symbol, universally recognized in many countries long before it became the symbol of the Saints Football team. It would be the same as trying to copyright the cross, the Star of David, or even the swastika.
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07:43 PM on 01/28/2010
I want to try an experiment. Here goes: Where y'at?©
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MGarin
03:09 PM on 01/28/2010
As a precautionary measure, the NFL has trademarked "Whom Dat"
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Karen Dalton-Beninato
New Orleans Writer
03:39 PM on 01/28/2010
Love Dat.
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09:31 PM on 01/28/2010
Hi Karen, Guess who?
11:41 AM on 01/28/2010
I figure it like this. The 'Fans' own the "who dat" chat and expression. If the NFL is so crazed by the need for money to try and kidnap "our" chant of praise for our team, our city, they need to rethink their position. Who Dat is the peoples', its an expression of what embodies the core of out feel'n for the team(Saints) and our city. Its as pure as the light of day. Who Dat...Go Saints