Unfuckingbelieveable!! The NFL is claiming the rights to "WHO DAT" and the Fleur-de-lis!!

[Harry Monroe]

"Who Dat" trademark holder speaks out NFL
By: Karen Dalton-Beninato

As 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.

http://www.huffingtonpost.com/karen-daltonbeninato/interview-who-dat-tradema_b_439323.html

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!!

[sakabatou]

1. WTF?!

[ddeclue]

2. The Fleur-de-Lis? What kind of crack is the NFL smoking?

You can't just claim symbols that have been around for centuries and claim them as your own intellectual property! The court needs to sanction the NFL's attorneys!

:nuke:

[MUAD_DIB]

6. You can...kind of.

A specifically shaped Fleur-de-lis can be copyrighted if it is original to a brand, but you're right is stating that all Fleur-de-lis can not be copyrighted just because somebody demands it...especially a symbol that has been around for so long.

[Harry Monroe]

10. They've copyrighted the fleur-de-lis on the Saints helmet

My avatar is that fleur-de-lis. Yes, it is an NFL symbol. But they are telling merchants to "cease and desist" with ANY fleur-de-lis!! The fleur-de-lis IS the symbol of New Orleans!! Take one look at our city's flag and you'll see that!!

[Ignis]

27. I hereby copyright...FRANCE!

First dibs!

[hvn_nbr_2]

32. What dey smoking? Greed: It's Republican crack. nt

[Missy Vixen]

3. Not a great idea, NFL

Then again, this is the same league that brought you the deliberate ignoring of repeated concussion research and the trainwreck known as this year's Pro Bowl.

They'd best not be messing with the Who Dat Nation, that's for sure... Two weeks before the Super Bowl? Are they nuts?

:eyes:

edited for inartful use of the language ;-)

[Harry Monroe]

4. All about the profit!!

Ironically, had this been just another Saints season, this would not have even been on Goodell's radar. Only because of the Saints success and Super Bowl appearance does the NFL corporate offices now want to make maximum profit off of it and tell the little guy that they must get permission (and therefore pay) to use the phrase or the symbol!! Goodell can suck my...

[nosmokes]

13. Exactly.Squeeze exery last drop of blood out of that turnip because

quarterly profits are the only thing that matter any longer.

Next year it'll be down to weekly profits.

[KittyWampus]

5. Funny how the NFL & Saints don't mind getting tax-payer handouts.

[Harry Monroe]

7. This e-mail was sent to Goodell's office, by a friend of mine. It expresses my sentiments exactly!

And it expresses very eloquently the sentiments of those of us who call New Orleans home!!


Subject: Who Dat

Date: Thu, 28 Jan 2010 12:21:42 -0600
From:
To:
<[e-mail]>

Commissioner Goodell, I hear the NFL thinks it owns the rights to the phrase Who Dat, as well as any use of the ubiquitous Fleur-de-lis:

Let’s begin with the fleur-de-lis, sir. It is, quite literally, an iconic representation of the Lily flower, and it has been in existence in French monarchy since at least the 12th century. At that time it became the heraldic emblem of the Capetian Kings of France, who claimed it was initially adopted at the time of the Frankish King Clovis 1 in 493. Since then the fleur-de-lis has been incorporated into the coat of arms or the flags of many European countries, including Spain, Luxembourg and the House of Bourbon. It has ALSO been used worldwide, appeared on postage stamps and, in North America, it has long been associated with areas settled by the French, such as Quebec, Louisville, St. Louis, Louisville and – yes sir – Louisiana, of which I presume you are aware New Orleans is a part.

When the Saints came into existence in 1967, it was normal and natural that the creators would want to adopt a symbol representative of that heritage. What could be more natural than the fleur-de-lis? It’s was and still is virtually everywhere throughout the region (hence my use of the word ubiquitous). But I said adopt, not co-opt. No one has a right to or ownership of the fleur-de-lis and I dare say anyone foolish enough to attempt to register it as a trademark, trade name, service mark or any other “protected” icon would be summarily laughed back into the bayou. And if, for argument’s sake anyone could own the word or the icon, what next? Will the NFL also claim, by virtue of the awarding of the franchise in 1967, that the name New Orleans is also the property of the NFL, issuing cease and desist orders to anyone marketing anything with those words in the colors old gold and black?

No, Mr. Commissioner, it’s time for you to have a come-to-Jesus-talk with your legal counsel and impress upon them the folly of claiming any rights of any kind in our beloved and historic symbol, the fleur-de-lis. Should the NFL try to pursue this course, I dare say you will find that there’s as much fight in Louisianans in general as there is in our wonderful Saints. You will think you’re in a real dogfight, sir.

Then let’s look at Who Dat. I could as easily ask you “Who Dat say dey gonna take our phrase? Who Dat? Who Dat?” Do you also claim ownership to the word Crunk, merely because it is now directly and principally associated with that fervor that breaks out in the Dome at every NFL game? Will all the fans have to remain in their seats and resist boogieing to the sounds, lest they infringe on some right the NFL thinks it has acquired? Tell that to the Ying Yang Twins and see how far you get.

Who Dat has been used in this region, in various settings and for various reasons, as far back as the 19th century. Though many claim something to do with its creation, it was being used by a regional high school in the 1970’s, repeated in college football settings thereafter, and was ultimately linked to the Saints in the early 80’s. If the NFL could establish any right in the phrase – which I suggest it cannot do – the NFL has nevertheless been silent for over 25 years while the phrase has been repeatedly used by any and all, in relation to the Saints as well as in relation to things that have absolutely nothing to do with the Saints. Again, Mr. Commissioner, to claim any proprietary right in the term is foolhardy. Next thing, you’ll be wanting everyone to pay a license fee to ask “Where Y’at?” or “How’s ya mama ‘n ‘em?”

Commissioner Goodell, many flags have flown over our city, and many nationalities have flourished here. But all who would assume management of our town have realized that while there may be cross-town rivalries, ethnic differences, economic jealousies and partisan bickering, when anything – ANYTHING - held sacred is challenged, the people of New Orleans become as one. The British learned it in 1815, and Rite Aid learned it when it assumed our beloved K & B drugstores and ceased offering Coke products for sale. Rite Aid may still be “Pepsi-exclusive” in other parts of the country, but we, the people of New Orleans, let Rite Aid know in no uncertain terms that if Coke was not available at Rite Aid, it most certainly was at Walgreen’s. In less than a year, Rite Aid reversed itself. Never underestimate the power of New Orleanians to wreak havoc on a corporate interloper telling us what we may or may not use.

This effort to claim any right in either the phrase or the icon is really a very wrong step. You’re tilting at a very large windmill and you will become an irritant to a populous you really don’t want to irritate. Perhaps, in that sense, you should consider the lyrics from the song: “Don't you know little fool, you'll never win; Why not use your mentality, come on step up to reality…”

Reality is, you have no right in either, and it’s time to drop the claim

[supernova]

8. They'll have to take it up with the French Monarchy

The Fleur de lis is a symbol of the French monarchy, esp the House of Bourbon.

See where they get with that.

[shirlden]

9. Who Dat say they taking my Fleur-de-Lis??

Not from my cold dead hands!!!!!!!!!!! The fleur-de-lis IS New Orleans and not just the Saints (Bless you boyz).

:wtf:

[rcrush]

11. I have no idea wtf this article is talking about.

lol

[Lindsay]

12. I can't wait

till they send C&D letters to the nation's zoos to tell 'em to get the stripes off those Bengal tigers.

:crazy:

[KamaAina]

14. The fleur-de-lis has been the symbol of La Nouvelle-Orleans since its founding in 1718

only the specific version of it that appears at left can be copyrighted. Ye gods!

[pipi_k]

19. And it's been on the flag of Quebec since 1948...

The NFL must be smoking something nasty...


:silly:

[WolverineDG]

15. Who Dat Say Dey Own Who Dat?

Really. I remember when this came out & the mini-scandal it caused in my house (my mom, true blue Cowboys fan but also loved the Saints, was raised to believe that "who dat" was racist)....no one in the NFL then tried to stop it...or the unknown fans, or anything else.

Until now. When they can make a buck off of it. :grr:

dg

[conscious evolution]

16. The Atlanta Committee for the Olympic Games (ACOG)

pulled a similar stunt during the 96 olympics with vendors.They demanded royalties from any vendor selling merchandise with anything olympics related in the design.A friend in Savannah,where the yachting events were held,came up with a t-shirt that used nautical signal flags that spelled out FUCK ACOG.He sold hundreds of them.Mainly to competitors and yachting enthusiasts who understood what it meant.
The NFL needs to learn that crap like this really turns people off and does nothing but hurts their image.

[Missy Vixen]

28. New Orleans fans, if you produce a t-shirt like the above, I'd be honored to buy it

I'm thinking there's millions of other NFL fans who'd like to buy it as well.

Goodell is a jerk, a hypocrite, and would do almost anything to make another dime's worth of profit.

Let me tell you how I really feel. :woohoo:

-MV
Seahawks fan, but honorary Who Dat Nation member

[jmowreader]

17. The NFL is getting ready to step on the Boy Scouts over this shit

The Boy Scouts were founded in 1910, and they've always used the fleur de lis as their emblem.

[msongs]

18. it is NOT a copyright, it is a TRADEMARK nt

[NOLALady]

20. It seems the

Cease and Desist order is aimed at using "Who Dat". Yet there's nothing at the NFL site with the "Who Dat" logo. The worst part is they are targeting the small businesses. They figure if they target the small business owners, it will cause the large businesses to quietly remove their merchandise. The locals are seriously pissed!

[SargeUNN]

21. I have been a Saints fan since DAY ONE and this sucks

I first became aware of the effort to bring the NFL to New Orleans about 65 and became a fan the day I saw a billboard about it in New Orleans. I have suffered through all the bad season and now that we are finally in the Super Bowl, here comes the filth trying to steal from us.

I heard about this in http://saintsempire.com today from fellow Saints fans and they were mad and wondering how this could happen. I explained to them this is all part of what happened when Reagan came in and has been continued since. I told them it was likely to go in favor of the corporate interest since the ruling last week shows the Supreme Court is a fascist group and the corporations own the court.

Well, welcome to Fascist America!!!

[merh]

22. Who Dat think they gonna stop us?

Who Dat?


:rofl:



NFL - you can go take a hike.

[provis99]

23. so what are they going to do, sue the Cajuns?

way to make friends with the locals, you NFL fuckheads.

[hootinholler]

30. Yep then dey'll own a whole buncha pirots! n/t

[Bucky]

24. If they want the Fleur-de-Lis, they'll have to fight King Henri IV for the rights.

Trust me, you do not want to fuck with this man

[Posteritatis]

25. Taking lessons from the IOC, apparently. (nt)

[Canuckistanian]

26. They're going to have to sue our entire province of Québec

Québec has been using the Fleur-de-Lis for over 400 years.

I hope they've got a well-financed legal department.

[begin_within]

29. Did they register a trademark on the phrase "Who Dat" or the fleur-de-lis design?

If they didn't register it as a trademark they have no case. Period.

They can't claim a copyright on "Who Dat." That's not enough to copyright. A copyright can only be granted on your unique expression of an idea in a fixed, tangible format.
Whoever designed the fleur-de-lis owns the copyright to it as a work of art, unless they sold the rights to someone else. Did the NFL buy the rights to the fleur-de-lis from someone else? Or did they hire it to be done on a contract basis, or was it done by an NFL employee? If they are using the fleur-de-lis that has been in use over 1000 years, then that piece of art is certainly in the public domain and anyone can use it for any purpose. So I don't see where the NFL has a case that would hold up in court.

[TexasObserver]

31. I love Superbowl Sunday, because it means it's OVER for a while.

[Harry Monroe]

33. This one is from a Facebook group I belong to "New Orleans Music Radio". Beautiful!!

Mr. Commissioner,
I think that it is reprehensible that the NFL is claiming ownership of the Fleur-de-Lis and the phrase "Who Dat". The Fleur-de-Lis symbol has been longstanding in Louisiana history. On April 9, 1682, Robert Cavelier de la Salle planted the cross on Louisiana soil and erected a plaque with the French fleur-de-lis. It has been a symbol of our city ever since. The Saints use that symbol BECAUSE it was here at the inception of our city. It is a part of the people's history, not the Saints football team or the NFL.
As far as "Who Dat" goes.....I would like to see ONE person who works for you in the NFL commission that could come up with that one! That is how people down here talk, just like the "Y'ats" that we have here (if you even know what a "Y'at" is). In fact if anyone owns the phrase it would be the Y'ats! It is appalling that, because of profit, you would exploit our people and heritage in this manner. If you would like another historic reference I will comply.....The first reference to "Who Dat?" can be found in a feature song in E.E. Rice's "Summer Nights" entitled "Who Dat Say Chicken In dis Crowd" with a tag line "Who dat?" answered by "Who dat say who dat?" Later, in 1937 there was a song titled "Who Dat?" This phrase also became a comic relief for WWII fighter pilots. In the late 60's or early 70's it was used at Southern University and wasn't used in reference to the Saints until 1983.
In closing, I don't know that you realize who you are dealing with. We are the die hard fans who STILL attended games (paper bags on heads) in 1980 with only 1 win for the season. For many of us our weekends revolve around our team and our city, both of which we will defend 'til death. For 43 years we have had a symbiotic relationship with the Saints and have cheered them on in OUR OWN way (Who Dat 'gon say we can't cheer). So yes, we will continue to sachet down Bourbon Street holding our open containers and saying "Who Dat" and "How's ya mom an 'em" to everyone we see, and you cannot take that from us. WE ARE THE REASON THE SAINTS ARE WHO THEY ARE, and the people of New Orleans have been the Who Dat Nation long before the Saints came here, that's exactly the way we will stay.

Renee - New Orleans Music Radio

[NOLALady]

34. Well Renee,

so say we all.

[ashling]

35. Breaking: The Ancien Regime wants their Fleur de lis back

[Swamp Rat]

36. LOLOLOL!!!!!!... Charlemagne is gonna kick their ass!

:rofl: :rofl: :rofl: :rofl: :rofl: