The NFL's "Who Dat?" Dilemma In New Orleans

It is no secret that the NFL takes the management of its brand and trademarks very seriously. In fact, the level of authority the brand exerts over the league may soon lead it to the Supreme Court, where the NFL will defend its grip on trademarks.

However, the NFL may have gone too far in a recent attempt to claim everything football as its own. As the New Orleans Saints prepare to make the team's first ever Super Bowl appearance, the NFL has claimed that the fan chant "Who dat" is property of the league. Fans are not amused.

The "Who dat" chant – which is often used in the longer version "Who dat say dey gonna beat dem Saints? Who dat? Who dat?" – was used by New Orleans fans as early as the 1980s. However, the chant exploded in popularity this past year as the traditionally horrible Saints have risen to become one of the best teams in professional football.

As the Saints recently headed into the final rounds of the playoffs and eventually the championship game, local retailers began printing shirts and other garments featuring lyrics from the "Who dat" chant. The NFL hit the sellers with cease and desist letters claiming infringement on the NFL's trademark. Fans insist that the song is not anyone’s property.

Complicating matters is that in some instances t-shirt makers are using the Saint’s logo – the fleur-de-lis – in conjunction with the phrase. The history of "Who dat" goes back more than 100 years to vaudeville shows. And, like "who dat," the fleur-de-lis logo was in use long before the NFL existed.

An NFL spokesman laid out the reasoning for the brand's position:

"This helps protect the local businesses that are selling legitimate Saints merchandise and also the local printers that are making the licensed Saints apparel."

Sounds reasonable. However, smelling a chance for populist outrage, state legislators also publicly registered their anger over the NFL's attempt to claim the phrase. Then there is also the matter of WhoDat Inc., a company managed by two brothers who themselves claim ownership of the phrase.

It is unlikely the NFL will manage to resolve the trademark dispute before the championship game this Sunday. While the NFL's reasoning is sound, the brand might risk serious negative publicity with football fans should it follow through with threats to shut down local merchants.

To sue, or not to sue? That is the question.