(Here’s a definition of Cease and Desist for starters:  “A cease and desist order is an order or request to halt an activity, or else face legal action. The recipient of the cease-and-desist may be an individual or an organization.“)

Have ya heard this chant before?

“Who dat? Who dat? Who dat say dey gonna beat dem Saints?”

This is the chant used by New Orleans Saints fans since the 1980′s.  Singer Aaron Neville even recorded a version of ’When the Saints Go Marching In’ that incorporated this chant.  Saints fans are even lovingly referred to as ‘Who Dat’ nation.  But, even before the NFL, this chant was used in vaudeville acts in the late 1800′s and eventually by jazz and big band performers in the 1920′s.

Given this history, who do you think rightfully ‘owns’ phrase?  Aaron Neville, jazz bands, Saints fans?  It appears that there is no clear cut owner!

Well, in the week before the Superbowl, the NFL attempted to claim ownership of  the Saints’ signature ‘Who Dat’ chant.  The NFL issued cease and desist orders to vendors selling/printing merchandise bearing anything related to the  ‘Who Dat’ chant. The league claimed that the vendors were infringing on their copyright of the Saints’ chant and its fleur-de-lis logo.

After much criticism by New Orleans’ politicians , the NFL eventually clarified its position, stating that the cease and desist orders weren’t meant for ALL vendors of ‘Who Dat’ merchandise – only for merchandise printed with the NFL-owned logos.

One store that received a cease and desist letter was FleurtyGirl. The store sold these popular Twitter-esque shirts, but were ordered by the NFL to stop selling them. However, on January 22, Fleurty Girl tweeted that the store would be able to sell the remaining merchandise.  The catch?   They would need to pay the NFL 10% in royalty fees.  Does this seem fair, considering no one can definitively state the true owner of ‘Who Dat’? On the other hand, if the merchandise did contain logos owned by the NFL, then the NFL does have the legal right to seeks a cease and desist or royalty fees.

The ‘Who Dat’ chant has been around for ages (even before the formation of the NFL!).   Therefore, it’s a little ridiculous for the NFL to have ever believed that they could claim ownership of the phrase.  If the NFL is using this as a way to make money off small businesses, they should really re-evaluate their motives.   I mean, will they continue doing this to vendors in other cities with Superbowl-bound teams from now on?

Cease and desist, vendors?  I think not.  Let New Orleans bask in the celebration!

(Congrats to the the Saints on being Superbowl Champs!)

(courtesy of www.oregonlive.com)

(courtesy of www.nola.com)

Posted by Melanie on February 11, 2010 at 12:45 pm.