Retailers caught in new ‘Who Dat’ battle

The dispute between the NFL and south Louisiana retailers that sold merchandise with the “Who Dat” slogan was resolved just before the New Orleans Saints’ Super Bowl victory. But a new battle is brewing between stores and Sal and Steve Monistere, the New Orleans musicians who trademarked the “Who Dat” phrase in 1983. Attorneys for the Monisteres sent letters to several retailers this week, asking them to work out a deal to pay for using the phrase on merchandise or face a legal battle. Two of those letters went to Storyville, a T-shirt boutique with locations in Baton Rouge and New Orleans, and Fleurty Girl, a New Orleans boutique owned by Lauren Thom. In a letter posted on Storyville’s website, co-owner Josh Harvey took a defiant stand. “We at Storyville think that the Monistere Brothers are full of crap and will never pay them—or anyone else—a penny for using the term ‘Who Dat,’ ” wrote Harvey. According to Harvey, Monistere is asking for an 8% royalty cut for “Who Dat” merchandise. Because no one can own the phrase “Who Dat,” Harvey argues, his company will continue to print T-shirts and apparel with the trademarked phrase. Thom is taking a similar stance at Fleurty Girl. “It’s business as usual, but it’s a little scary,” she says. Thom is talking about forming a “Black and Gold Merchants Association” through which small retailers can share legal advice. She’s also making black-and-gold ribbons customers can wear during the Saints-San Francisco 49ers Monday Night Football game to show support for her cause. For his part, Steve Monistere says he’s not worried about a backlash. “I’m not concerned,” he told The Times-Picayune today. “I trust in our legal system. I trust in justice.” —Timothy Boone