Who Dat? Trademark Controversy

In sports, finding the origins of traditions can be nearly impossible. In regards to a certain tradition there may be numerous different stories about how it got started. With the New Orleans Saints the origin and ownership of the phrase, "Who Dat", created a whirlwind of controversy. In January 2010, the NFL sent cease and desist orders to stores selling the merchandise claiming they owned the rights to the phrase. The NFL wanted to avoid any confusion between their officially licensed merchandise and products or "knock-offs" the stores where selling in Louisiana.  A knock-off is clear-cut counterfeiting and is a basis of trademark infringement. In the same month two brothers, Steve and Sal Monistere, had claimed that they owned the rights to "Who Dat” The two brothers wrote and produced their version of "When the Saints Come Marching In" in 1983 that used the phrase "Who Dat" and claimed to have it trademarked under their company, Who Dat Incorporated. 

The problem lies with who can really take ownership of the phrase? The phrase itself has been said to have been around for over 100 years, having first known appearance in 1898 from a minstrel song called “Who Dat Say Chicken In Dis Crowd?”  So the stance of the people of Louisiana has taken has been that of “how can someone copyright a phrase that’s been around for that long?” In 1937 the Marx brothers performed with painted black faces know as “the Who Dat Man.” 


When you think of "Who Dat?" do you really think of the NFL or do you think of fans rallying around their team. The NFL has backed down from their stance in the controversy, but the case continues between the Monistere’s and storeowners in Louisiana. While the Monistere’s legally hold the trademark to the phrase, the people of Louisiana still believe it belongs to everyone.
 

References:

http://www.fox8live.com/news/local/story/Who-Dat-ownership-controversy-rears-its-head/DhSSvYVllUK2dKQ2qk4o7w.cspx

http://www.khou.com/sports/Saints-Who-Dat-chant-stirs-up-controversy-83068482.html

http://www.youtube.com/watch?v=XADsT3adsgM

http://www.youtube.com/watch?v=ENaTx8_9hPI