Deals resolve ‘Who Dat?’ trademark claims

Settlements have resolved a Louisiana recording company’s claims against two T-shirt vendors and a restaurant over merchandising rights to the phrase “Who Dat?”—a popular chant of New Orleans Saints fans. The deals eliminate the need for a federal trial that had been scheduled to begin today. Who Dat? Inc., which recorded a song in 1983 that used the cheer, accused Storyville Apparel, Monogram Express and Who Dat Yat Chat of violating its trademark of the phrase. The T-shirt vendors and Who Dat Yat Chat argued that “Who Dat?” is a generic phrase that can’t be trademarked. Darleen Jacobs, a New Orleans attorney, says the settlement allows her to use Who Dat Yat Chat as the name of a restaurant she plans to open in Violet later this year. Who Dat? Inc. also will pay Jacobs more than $3,174 to cover her court costs, the agreement says. Who Dat? Inc. co-owner Steve Monistere says his company sued to protect its right to use the phrase for “very specific and narrow categories” of goods, including T-shirts, foods and beverages. Mark Andrews, a lawyer for the T-shirt vendors, says terms of their settlement with Who Dat? Inc. are confidential—adding his clients intend to continue selling T-shirts with the phrase “Who Dat?” on them.