Statement from WhoDat, Inc. January 28, 2010

This is a statement released today, Jan. 28, 2010, from Sal and Steve Monistere on behalf of their company, WhoDat, Inc.:

Information has been written and broadcast publicly that the NFL has issued cease and desist letters stating that THEY own “WhoDat?”. That is not a true statement, and it is important to note that documentation exists for this and all other statements made here. Throughout, please keep in mind that trade mark ownership is established by ‘first-use’, not by registration.

First, “WhoDat?” Inc. is a company owned by two brothers born and raised within just a few miles of the Super Dome - Sal and Steve Monistere (pr. Monastery). They are big Saints fans and were there for the first exciting kickoff in 1967, Dempsey’s historic field goal, and as season ticket holders, there for all the ups and downs.

Second, the Monisteres have expressed that they deeply regret the fact that New Orleans and particularly its small business owners have been subjected to the wrath of this self-proclaimed 800 pound gorilla from New York City.

Prior to 1983, there were no brand items with “Who Dat?” printed on them, nor were there any marketing or advertising campaigns to promote the mark. The Monistere’s are extremely proud that they brought “WhoDat?” to the fans, and will always hold that pride deep in their hearts.

Their company has registered the “WhoDat?” trade mark in various categories, as documented on the website of the Louisiana Secretary of State, and as stated above, they have garnered something that is referenced as ‘first-usage’. While there are others that have filed for the trade mark, “Who Dat?” Inc. is the only company to have a registration issued on a federal level.

“Who Dat?” Inc. has never claimed to ‘own’ the word WHO, or the word DAT. They have never claimed to be the first to have uttered those words. They know about the minstrels, the vaudeville acts, the high school and college uses. Their first-usage claim is simply that what THEY did – something that no one else has done or can lay claim to - is simply this: They made it popular, and they have continued to market it, to nurture it, to allow various uses to the local business in New Orleans without harassing them. By doing all of this, we created a secondary meaning of Who Dat.

“WhoDat?”, Inc has been there not only to control the artistic values of the mark and keep it ‘homespun’… they’ve been there to protect the integrity of its use. With out the hard work and investments in time, energy, and money put forth to protect the trade mark, the NFL could very well have the ability to actually follow through on its threats and take it away from the Who Dat Nation.

“WhoDat?” as a mark didn’t “just happen”. The brothers are proud to say they gave birth to it. Their initial gut feeling was that the fans would embrace it… they were absolutely right… that’s what happened. And now it keeps happening, and because it’s so dominant, and the Saints are doing so well, it seems the NFL claims ownership. The Monistere’s claimed an allegiance to “WhoDat?” even in those times when things weren’t so good – a point they would like everyone to take note.

In the past, Who Dat? Inc. has held agreements in alliance with the New Orleans Saints. And within the documentation surrounding those agreements, they, the Saints themselves, have acknowledged that WhoDat? Inc. does in fact hold exclusive rights to the “WhoDat?” trade marks and all derivations of the logo. (See attached)

In a recent interview, the brothers jointly agreed, “It’s not the Saints organization that has issued cease and desist letters, rather it is the NFL. Thankfully, the Saints are busy playing football. Remember? That’s what it’s all about… football. As witnessed by the frenzy of activity surrounding this issue, it is obvious that the NFL has stepped on the toes of the wrong people – that is to say, the local New Orleanian who’s trying to conduct business in a legitimate manner, while simultaneously enjoying our team’s rise to the top! Looks like it’s finally time… the Who Dat Nation can now join the team, ‘in that number’, when the Saints Go Marching In!

And a final note - When it’s all said and done, we can in unison all shout “WhoDat?” All the right people will know what we mean… all the right people will ‘get it’. Apparently and unfortunately, the NFL just doesn’t get it. Now, the Monistere brothers have another mantra…

Defend WhoDat, Defend the Fleur de lis!