Copyright Issues ...... Superman and the New Orleans Saints

[dekeuk]

 

There have been a lot of posts about who owns the rights to Superman.

 

But who owns the rights to the words "WHO DAT?"

 

Apparently the NFL thinks they do

 

Full story and video HERE

 

 

Might as well post this too ........

 

 

[dekeuk]

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.

[PrismaticSmoke]

who cares, I claim ownership over that Phrase and I demand anyone using that phrase cease and desist or else.

[homerwannabee]

I think they are more upset about the saints 3 leaf symbol or whatever that is being combined with who dat, and with the saints colors. My guess is if they had a shirt that looked like this there would be no lawsuit.

 

 

 

Who

Dat?

Luisiana

[DiceX]

Speaking of Superman...

Please tell me I'm not the only one that ever...taken care of business...to this.

 

It's a little embarrassing, but you know me.

 

 

[dekeuk]

I think they are more upset about the saints 3 leaf symbol

 

 

 

Serves 'em right for being so dumb as to use a symbol that is in the public domain.

 

The fleur-de-lis is a lot older than the Saints.

 

 

[nwpassage]

Speaking of Superman...

Please tell me I'm not the only one that ever...taken care of business...to this.

 

It's a little embarrassing, but you know me.

 

I don't know everyone else in the world, but my guess is you are

[Makmorn]

I think the answer to this is very simple....

 

one is Superman

 

the other one is nuts

 

[nwpassage]

And if I've offended you Dice, I'll start a public apology thread.

[DiceX]

And if I've offended you Dice, I'll start a public apology thread.

 

 

 

[CatskillMike]

Speaking of Superman...

Please tell me I'm not the only one that ever...taken care of business...to this.

 

It's a little embarrassing, but you know me.

 

 

I think I just threw up a little in my mouth.