NFL Settles Trademark Lawsuit Over Use Of "Who Dat?" Catchphrase

The NFL announced Saturday that it has reached a settlement on behalf of itself and the Saints with Who Dat?, Inc., a company that had claimed to have trademarked the catchphrase, that "dismisses a lawsuit over the use of 'Who Dat?' on merchandise," according to Mark Schleifstein of the New Orleans TIMES-PICAYUNE. The NFL and Who Dat?, Inc. Owner Steve Monistere “have agreed to make merchandise available to fans that contains both the 'Who Dat?' and NFL brands.” Two companies that sell T-shirts using the phrase and a third that wants to use the phrase as part of the name of a coffee shop and restaurant yesterday filed motions in U.S. District Court “to dismiss the remaining complaints by Who Dat?, Inc. that they, too, committed trademark infringement.” The settlement between Who Dat?, Inc. and the NFL came days after attorneys representing the NFL and other parties won two motions requiring Who Dat?, Inc. “to pay more than $10,000 for failing to provide information needed by the defendants for the lawsuit.” NFL VP/Communications Brian McCarthy said that the league has "no plans to take action against other companies using the Who Dat? name on merchandise that does not also contain an NFL-protected trademark." The "Who Dat" fight began when the NFL “threatened to sue several New Orleans businesses selling merchandise adorned with the Saints' catchphrase in advance of the Saints' successful Super Bowl XLIV in 2010." The NFL "backed down after local fans expressed outrage and gained vocal support from the state's congressional delegation.” But during the next few months, Who Dat?, Inc. "sent letters to several local businesses claiming trademark infringement" (New Orleans TIMES-PICAYUNE, 1/31)