League Lunacy

[jay_merrill]

I just finished reading a news article that involves the NFL threatening to sue vendors in th New Orleans area for selling clothing items with the words "Who Dat" on them. Apparently the NFL claims that it owns the words as a trademark. It is also apparently claiming a trademark on the Fleur De Lis symbol.

I think the NFL has, as of these actions, lost its mind. The words "Who Dat" have been used in New Orleans for decades and there are a number of local possibilities in regard to origin. If the NFL thinks it owns the phrase, its nuts. I wouldn't be surprised if they pulled some typical corporate baloney and filed something to try to hijack ownership, but I doubt very much that this town and its citizens will put up with such shennigans.

The claims in regard to the Fleur De Lis, if true, are absurd. This has been a symbol representing the city of New Orleans for hundreds of years. Once again, I suspect that the NFL thinks it has some sort of lock on the symbol as applied to football, but I stil think they are nuts.

Frankly, I hope that one of the better financed law firms in New Orleans goes for an injunction on the NFL in regard to any suits that it might be contemplating.

Roger Goodell ought to be ashamed of himself.



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[Bob_VT]

Re: League Lunacy

I agree it is all foolish.

I remember when McMahon was defiant by wearing the adias headband by the NFL so, the following week he wore one that had the name of the NFL Commissioner on it.... was it Orzell?? Hmmm memory test for me

 

[kenmyfam]

Re: League Lunacy

The Fleur de Lis symbol is older than North America.

Check this out.

http://www.fleurdelis.com/fleur.htm

I have a strange feeling that King Louis in 12th century France got in a little ahead of the NFL !!

 

[Bob_VT]

Re: League Lunacy

Oh great ........ Now the French will be involved in the lawsuit

 

[ezmobee]

Re: League Lunacy

Oh great ........ Now the French will be involved in the lawsuit

....and the Boy Scouts, don't forget the Boy Scouts!

 

[HappierWet]

Re: League Lunacy

How about a class action suit on behalf of the Cobra? ....I do believe that"s the pattern on the back of a Cobra hood

 

[mike64]

Re: League Lunacy

That is ridiculous.

Who dat say any unauthorized use of the Saints colors and other marks designed to create the illusion of an affiliation with the Saints is equally a violation of the Saints trademark rights? Who dat?

Put that on a t-shirt!

 

[mphy98]

Re: League Lunacy

WHO DAT you say? Oh Oh did I just violate a NFL rule? OH NO say it ain't so. Do these pinheads have nothing else to do? Let one yankee lawyer show up down there and a few of my old service friends will give them a tour of the bayou!!

 

[jay_merrill]

Re: League Lunacy

UPDATE: As of today at least, it appears that the NFL doesn't even have a tradmark on the words, Tom Benson does and he has it filed in the state of Louisiana only. While my personal opinion of Benson is that he acts like the stereotypical image of a used car salesman (which he is), at least he doesn't seem to be behind this nonsense.



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[jay_merrill]

Re: League Lunacy

More fun ... the NFL has stirred up a hornet's nest in Louisiana. The WHO DAT NATION has started a campaign to boycott NFL products and those of companies advertising with them. There are also efforts to contact legislators in regard to the NFL's exemptions from anti-trust laws.

DO NOT mess with THE WHO DAT NATION!

As I mentioned previously, this is really about more than football - its also about feeling like a city on the upswing. We love our town and we don't like people messing with our traditions. I think the NFL has just stepped on it's (fill in the blank)!



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[itsaboattime]

Re: League Lunacy

Thats just rediculous(sp?). Why do they have to do that??

I just don't get it. I guess thats why I'm not wealthy.

 

[jay_merrill]

Re: League Lunacy

Apparently, the NFL is now claiming that the Saints own the phrase, so I guess they are tying in their rights through their exemptions from anti-trust laws.

It gets even more curious, because Benson registered it with the Louisiana Secretary of state in 1988, claiming that it had been used since 1983. Once you delve into the situation a bit further, the reason for the 1983 claim becomes obvious. It seems that a guy by the name of Steve Monistiere registered the phrase in 1983, for use in conjunction with a music album and the sale of t-shirts bearing the words. In fact, he even formed a company to sell the t-shirts and did sell them, along with other items bearing the words.

It is also known that the phrase has been used in Louisiana before the Saints even existed as a team. At least one local high school used it as a cheer and "who dat" was used as sales phrase as far back as the late 1800s.

Apparently, what Monistiere didn't do, was to renew the trademark. That said, apparently that may not make a difference from a legal perspective. It is also apparently important that neither the Saints nor the NFL can produce any proof that they coined the phrase or ever used it commercially.

The business of claiming use for five years previous to actually registering it, is something that many would consider "classic Benson." The man made his money in the car business and his dealerships were very well known for sales practices that just as many might consider sleazy and dishonest. In my family, I can recall an instance when a deal was agreed upon, and the sales manager then slipped an add on price of $1,000 for "paint & fabric" (aka, wax and Scotchguard) into the final sales document. I got into it, because I was selling cars for someone else at the time. The "paint & fabric" trick is as old as it gets, in terms of games played by car dealers, so we made a big scene at the Benson dealership and got it taken out.

The next thing on the list, is that the NFL apparently registered the "who dat" phrase with the Florida Secretary of State, last Monday. This is just more of the same. They could have cared less about it, until the Saints made it into the SB.

My guess is that the NFL has just boxed itself into a fight that it can't win. They are already being sued by a small company in Illinois (American Textile) over similar issues. Here in Louisiana, the matter is all over every news outlet that you come across. Steve Monistiere has already challenged the NFL's claim and the average person around here is mad as hell. People are getting t-shirts made with every variation of "who dat," that you can imagine. MY favorite, thus far, is one that says this:

"Who exactly is it that states they are going to defeat the football team from New Orleans? Cease and desist this."

As soon as I get done writing this, I'll be off to get a couple made too.

I am in "serious stifle mode" right now in terms of making a political statement, but suffice it to say that I think this is an example of large companies stomping all over "the little guy," just because they can. Then again, this might just become another David and Goliath story and I truly hope that is so.



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[jay_merrill]

Re: League Lunacy

"Who Dis, NFL!!!​

LOL, the NFL has backed down and has issued a weasel response, which tries to say that they "really didn't mean it!"

One of the things that happened immediately around here, was a massive campaign to pressure elected officials to respond to this. The end result was that both our U.S. Senators and some of the Congressmen did.

Don't Screw Wit Da Who Dat Nation!​

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[jay_merrill]

Re: League Lunacy

The latest fun is that our Governor's chief legal counsel has asked our state Attorney General to consider a lawsuit against the NFL! While I think that might be taking things a bit too far, there are issues of lost revenues by local vendors.

If nothing else, this certainly has been amusing!



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