« It's Official: iPad Naming Makes Women Cringe | Main | Omni Mokara Spa Naming and Branding Takes Over Some Hotels »

January 29, 2010

Football Naming and Branding: Trademark Lawyers From NFL ask "Who Dat?"

While it is indeed tempting to continuing dumping on Apple for the ridiculous iPad name---no it seems a Canadian company has been using the name for bra inserts and owns the trademark in the US, I think I will desist and turn my attention to the NFL.

It seems the NFL is aggressively claiming rights on the phrase "Who Dat?" for use by the New Orleans Saints. This has knocked two small businesses ---Fleurty Girl and
Storyville. This is interesting, as the phrase has been in use for over a century, first finding use in nineteenth century minstrel shows and has been used by fans in reference to their team for decades before the mark was applied for in 1988. Although a music duo seems to have snapped it up five years earlier.

Sal and Steve Monistere recorded a version of "When the Saints Go Marching In" in the early '80s and incorporated the "Who Dat" chant into it. ... 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 the NFL is going to win this, it has to somehow prove that the phrase is theirs. They also claim the Fleur de Lis sybol is theirs. But as far as "Who Dat" goes, they have a battle on their hands.

"To prevail in a trademark infringement case, one has to show both that the public associates a mark with your business and that you were the first to use it," said David Patron, a partner at the law firm of Phelps Dunbar.

If the NFL keeps it up, the Monisteres vow to create a t-shirt that says 'Defend Who Dat' as owned by the fans and not the NFL. The phrase, they claim, "transcends football"

As can be imagined, this is a rude shock to Who Dat Nation.

Football bloggers are notably upset about this with one blogger asking if the NFL plans on going after the Catholic Church next.

My feeling is that this is the kind of trademark that should remain with
the fans and then be phased out of usage. C'mon guys, the 80s were a very painful time in our past. Why would the NFL want the association?

Technorati Tags: Who Dat, Saints, NFL, New Orleans, Naming dispute

Posted by William Lozito at January 29, 2010 10:54 AM
Posted to Licensing | Naming | Naming Rights | Sports and Recreation

Trackback Pings

TrackBack URL for this entry:
http://www.namedevelopment.com/mt/mt-tb.cgi/4590