Who Dat? Inc., the company that sent cease-and-desist orders to several small businesses regarding their sales of “Who Dat” merchandise, is now formally suing the businesses.
The businesses first received cease-and-desist letters in June and again in September.
The letters came from Steve Monistere, who recorded a song using the phrase “Who Dat” in 1983 with his brother Sal and trademarked the phrase shortly after.
Monistere wasn’t available for comment.
Fleurty Girl, a popular New Orleans-based clothing shop, is one of the companies being sued.
Lauren Thom, Fleurty Girl owner, said her attorney visited her at the store Friday and told her about the suit.
Thom said Who Dat? Inc. is seeking to enter into a private licensing agreement with Fleurty Girl, which she’s not sure is necessary.
“As a small business owner, I don’t want to enter into a private licensing agreement if I don’t have to,” Thom said. “But if I have to, I will.”
Thom said she’s looking to learn once and for all if the phrase is in the public domain or not.
“That’s why we’re going this far,” she said.
Fleurty Girl won’t be alone in the battle.
Storyville, a clothing shop with locations in Baton Rouge, New Orleans, and Austin, Texas, is also being sued.
Storyville New Orleans posted on its Facebook page Oct. 15, “Storyville is now officially a co-defendant along with Fleurty Girl, the New Orleans Saints and the NFL in the crazy Who Dat Inc lawsuit. See you in court, Monistere brothers!”
Erica Jacobson, an employee at Storyville’s New Orleans location, said the shop’s owners are standing their ground.
Jacobson said they haven’t stopped selling “Who Dat” merchandise and don’t plan to anytime soon.
“It’s pretty ridiculous that someone claims they own a phrase that is so widely used,” Jacobson said.
Neither shop is lacking support.
A status posted on the Fleurty Girl Facebook page Oct. 15 informing fans of the suit received more than 400 comments in less than 24 hours.
Courtney Pittman, an employee at Fleurty Girl’s Magazine Street location, said she has found customers supportive of the shop’s recent struggles.
“Business is booming,” Pittman said. “Everyone wants to come in and talk about it. Everyone wants to come in and buy our stuff.”
When his store received the letter in September, Josh Harvey, Storyville co-owner, said he was prepared to fight Who Dat? Inc. if the company pursued legal action.
“Someone’s got to fight this bully,” Harvey said.
Harvey said the Monisteres didn’t enforce their trademark when the Saints weren’t as popular but began trying when the team started winning more games.
Some students don’t agree with the Monisteres’ actions.
“They weren’t using it before, and now they’re using it to get money when it’s really convenient,” said Laurel Keys, business management junior.
Keys said she doesn’t think the practice is ethical.
“I think if you don’t use it, you lose it,” Keys said.
Ernest Svenson, the attorney representing both stores, said the hearing date is set for Nov. 10.
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Contact Rachel Warren at [email protected]