‘Who Dat’ Trademark Fight Is Back

Last year, New Orleanians rose up with one voice and beat back the mighty National Football League when it tried to assert ownership of their beloved Saints’ signature slogan.

Turns out, maybe “Who Dat” belonged to a couple of guys in San Antonio all along.

According to the Times-Picayune brothers Steve and Sal Monistere make no claim that they’re owed royalties anytime someone chants the phrase, but they do say that when it’s exploited for commercial purposes, they should get a cut. A lot of businesses have decided they have a point.

The Monisteres’ firm, Who Dat? Inc., has about 40 partners who pay them royalties, including Walgreens, a praline company, spring water bottlers, a local singing car dealer and a wine distributor. The guys who started out as startup musicians, recording a “Who Dat?” song in 1983, say they were smart enough to immediately trademark the Saints-fan battle cry, and are legitimate enough to prove it in court.

The Monisteres first laid claim to the phrase on Oct. 31, 1983, by registering it with the Louisiana secretary of state. They assert that the distinctive chant — “Who dat? Who dat? Who dat say dey gonna beat dem Saints?” — comes from the recording Steve Monistere and his friends made in 1983 with Aaron Neville and a bunch of then-Saints players. The record borrowed liberally from “When the Saints Go Marching In,” which has been in the public domain and requires no royalty payments.

Since then, the Monisteres have protected the trademark for more than 25 years through Who Dat? Inc. But not everyone agrees that they’re entitled to a cut of anything that uses “Who Dat.” The dispute has led to protracted legal squabbling.

Photo by Who Dat Nation.

Leave a Comment

Your email address will not be published. Required fields are marked *