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‘Who Dat’ trademark case?

Posted by ipelton on: January 20th, 2012

As we march towards that über football game in a few weeks, it is a good time to visit with the New Orleans Saints and the NFL’s continuing battle against companies using WHO DAT?

Here are some of the key dates in the timeline:

– The phrase WHO DAT? has been a part of the lexicon in New Orleans for decades or longer

– WHO DAT? become a rallying cry of Saints fans since at least the 1980’s.

– In January 2010 at the Saints marched towards the Super Bowl, the Saints and NFL sent cease and desist letters to apparel makers using “WHO DAT?”. [NFL claims trademark infringement (ESPN.com) regarding WHO DAT? shirts]

 – In June 2011, the Saints and NFL filed Oppositions to the USPTO trademark applications of State Street Management, LLC for two logos, one of which contains the words DEUX DAT

– In July 2011 the TTAB suspended the Who Dat? Inc. Opposition proceeding pending the civil litigation New Orleans Louisiana Saints LLC and NFL Properties LLC v. Who Dat?, Inc., 99 USPQ2d 1550 (TTAB 2011)

– On January 4, 2012, the Saints and the NFL filed a Notice of Opposition to the Who Dat? Inc. trademark application for TWO DAT?

– Today, the civil litigation continues while the parties are conducting discovery and the TTAB proceeding remains suspended

Where, when and how this dispute will be resolved is anyone’s guess. But it appears that if the Saints win a 2nd Super Bowl the stakes might become even higher.

  Sign the petition!

[image from Charlie Melancon for Senate]

3 Responses
  1. Steve Monistere says:

    Mr. Pelton,

    The NFL, The Saints and Who Dat?, Inc. have agreed voluntarily to dismiss all claims against each other in the pending lawsuit.
    They have also agreed to make co-branded merchandise available to the fans.

    • ipelton says:

      Steve, thanks for your comment. I am glad to hear that this case appears to have been amicably and in a manner that allows you to continue using the trademark. If you would like to share more about your experience in the trademark dispute (provided your attorneys advise you it is OK), I will gladly give you space on this blog.

  2. Steve Monistere says:

    Your welcome!

    The statement I made is all I can say about the case and/or its result.

    Thanks for your interest.