Roger dat?
Who Dat Nation 1, NFL 0 in merchandise fight
by Jaquetta White, The Times-Picayune
A proud proclamation of membership in the Who Dat Nation: The NFL seems to have seen reason and won’t fight the Who Dats.
The National Football League appeared to back off Friday on its trademark ownership claims to the phrase “Who Dat” and the fleur-de-lis logo, saying it is challenging the sale of items only “when those products contained or are advertised using other trademarks or identifiers of the Saints.”
“‘Who Dat’ we do not claim to own by itself,” said Brian McCarthy, a spokesman for the NFL. “It’s when ‘Who Dat’ is used in conjunction with Saints marks that it’s a problem.”
McCarthy said T-shirts and items with ‘Who Dat’ and a fleur-de-lis logo unlike the one owned by the Saints are allowed as long as they are not advertised as being Saints or NFL paraphernalia.
‘Who Dat’ shirts being sold at the Fleurty Girl shop on Oak Street would be acceptable, McCarthy said, as long as the shop removes advertising referring to the Saints.
In a letter to Sen. David Vitter, R-La., the league described the trademark tussle, which has enraged New Orleans Saints fans across the country since it erupted this week, as “a significant misunderstanding.”
The controversy began when the NFL sent letters to two New Orleans shops ordering the retailers to stop selling a host of merchandise that it said violates state and federal trademarks held by the New Orleans Saints. That, the letter said, included items with the words ‘Who Dat.’
According to the letter, “any combination of design elements (even if not the subject of a federal or state trademark registration), such as team colors, Roman numerals and other references to the Saints” are also trademark violations.
The shop owners and others interpreted the letters as the NFL claiming ownership of ‘Who Dat’ and the fleur-de-lis even as fans were flocking to buy gear before the Saints play the Indianapolis Colts in the Feb. 7 Super Bowl.
Vitter sent a letter Friday to NFL Commissioner Roger Goodell, stating that he “was stunned to learn recently that the NFL is taking the position that it owns the exclusive trademark of the term ‘Who Dat’ and has even threatened legal action against some mom-and-pop merchants selling T-shirts using the term.”
Vitter said he “would urge you to drop this obnoxious and legally unsustainable position and instead agree that ‘Who Dat’ is in the public domain, giving no one exclusive trademark rights.
“This letter will also serve as formal legal notice that I am having T-shirts printed that say ‘WHO DAT say we can’t print Who Dat!’ for widespread sale in commerce. Please either drop your present ridiculous position or sue me.”
In a response from Jeffrey A. Miller, vice president of government relations and public policy for the NFL, the league said it was hoping to “clarify the misinformation that is circulating on the subject in Louisiana.”
“Contrary to public reports,” the letter states, “the NFL has not sought to exclude all uses of the word ‘WHO DAT’ or the fleur-de-lis logo. Rather, the NFL has sent out narrowly targeted letters, challenging the sale of products bearing the the fleur-de-lis and ‘WHO DAT’ marks only when those products contain or are advertised using other trademarks or identifiers of the Saints.”
Vitter spokesman Joel DiGrado said, “The senator is pleased that the NFL is already coming off its original position. However, he is continuing to demand that the NFL drop any claim on the phrase ‘Who Dat’ under any circumstances and will be sending a more detailed letter to the NFL Monday.”
Speaking before the NFL clarification, Saints coach Sean Payton said he was sympathetic to business owners and the fans.
“I’ve read a little bit about it,” Payton said at a news conference. “I don’t know enough about it other than it’s — I think the people who are running these small businesses, you know, I think we’re fans of those people. I don’t think anyone can own ‘Who Dat’ personally. So there are some specifics with it as it pertains to business sales and that’s something that I’m not as familiar with. But I think that’s for everyone to enjoy.”
Other members of the Louisiana congressional delegation also demanded that the NFL cease its threats of legal action against merchants.
Sen. Mary Landrieu, D-La., said it is “unfortunate that the NFL is exploiting a phrase that has been part of Louisiana’s culture for more than a century. Who Dat Nation deserves better. I am exploring several options to sack the NFL’s greediness, including removing the league’s tax exempt status.”
Rep. Charlie Melancon, D-Napoleonville, who is running against Vitter in this fall’s Senate election, posted on his Twitter page a link to his “No One Owns Who Dat” petition urging the league to give up the fight.
And Rep. Steve Scalise, R-Jefferson, said: “If the NFL owns ‘Who Dat,’ then a football is round. No matter how hard they try, nobody can dispute the power and energy of the Who Dat Nation.”
Washington bureau reporter Bruce Alpert contributed to this report.