In January 2010, the NFL sent cease and desist letters to several Louisiana t-shirt shop owners ordering them to cease producing t-shirts bearing the phrase "Who dat". According to some recipients of these letters, the NFL was claiming to own the trademark to the term "Who dat", and that the NFL claimed that unlicensed t-shirts bearing the phrase would cause confusion among fans of the Saints about the official status of the merchandise.[11] The Monisteres, through their company WhoDat Inc. also released a statement claiming rights to the phrase, which they registered in 1983 after recording the version of "When the Saints Go Marching In" that incorporated the chant.[12] The Monistere's record is listed as inactive, meaning that it was not renewed upon expiration. The Saints organization, through their company The New Orleans Louisiana Saints Limited Partnership, also registered the mark "Who Dat" in 1988 when used in conjunction with "fleur-de-lis design",[13] but later the Saints released their claim of ownership to WhoDat, Inc., asserting that they owned the phrase.[14]
In response to what many are calling a "frivolous threat" and "bullying" by the NFL to scare merchants into selling only NFL licensed goods, fans across the nation in various blogs and radio call-in shows are calling for a boycott of all NFL officially licensed merchandise until the NFL formally recanted its position on claiming the "Who Dat?" trademark.[citation needed]
The NFL's action also provoked responses from U.S. Senator David Vitter and Congressman Charlie Melancon of Louisiana, among others. Vitter sent a formal letter to NFL Commissioner Roger Goodell criticizing the NFL's attempt to claim ownership of the chant, informing Goodell he would be printing t-shirts using the phrase, and daring the NFL to sue him.[15] It was later reported that the NFL had responded to Vitter's letter, stating that it was only seeking to prevent unauthorized uses of "Who Dat?" together with other identifying marks of the Saints.[16][17]
Louisiana Attorney General Buddy Caldwell called the NFL and had a conversation about the ownership of the "Who Dat" slogan and of the Fleur de Lis. Caldwell said the bottom line from the legal back-and-forth with the league is that the NFL "is conceding it has no exclusive rights to the fleur-de-lis and no exclusive rights to 'Who Dat' and offshoots of 'Who Dat,' and no exclusive rights to the colors black and gold."
Caldwell said his office was drafting a document to be signed by the state and the NFL by Tuesday outlining what is and is not allowable.[






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