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Law Humor
: Lowering the BarWho Dat? Inc. Sues for Misappropriation, Everything Else It Can Think Of
By Kevin Underhill
You will recall that in the run-up to the Super Bowl, a battle broke out over the use of "Who Dat," a phrase associated with the New Orleans Saints for many years now. The NFL started telling people not to use it, at least in connection with NFL-trademarked gear, but later backed off after it became clear the Who Dat Nation was preparing for war. Especially since the Saints won, the battle over the ownership of "Who Dat" and any resulting cash is far from over.
Who Dat? Inc., a company owned by two brothers in Louisiana, filed suit in federal district court in Baton Rouge on March 4 against the NFL, the Saints, and the State of Louisiana, alleging that by first claiming ownership and then backing down, the defendants led people to believe they could use Who Dat freely, which robbed Who Dat? Inc. of significant profits.
The Who Dat complaint is very comprehensive -- it's 60 pages long, includes 16 causes of action, several color images, and uses the term "Who Dat" several hundred times, including once in the title, "ORIGINAL COMPLAINT FOR DAMAGES, DECLARATORY, AND INJUNCTIVE RELIEF FOR MISAPPROPRIATION OF 'WHO DAT'". The complaint seeks an unspecified but probably very large amount of damages for the alleged "misappropriation of 'who dat,'" although plaintiffs might have diluted the term's value a little just by using it so many damn times in the complaint.
Link: The Advocate/WBRZ (Baton Rouge)
Link: Who Dat? Inc. v. NFL Properties, LLC, et al., No. 3:10-cv-00154 (M.D. La. Mar. 4, 2010) (via Courthouse News)
Full post as published by Lowering the Bar on March 15, 2010 (boomark / email).
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