Just months after several stores fought the NFL for the use of the phrase “Who Dat” on merchandise, owners are once again receiving cease and desist orders.
But this time, the letters aren’t coming from the NFL. They’re coming from a group known as Who Dat? Inc.
Josh Harvey, co-owner of Storyville on West Chimes Street, said he received a cease and desist order from Who Dat? Inc. in June and a second one just last week.
The letter, which Harvey posted on the store’s Facebook page, says if Harvey wishes to continue using the phrase on his merchandise, he must contact Who Dat? Inc. to “discuss a resolution of the claims related to your past usage of WHO DAT and explore the terms for a relationship moving forward.”
Harvey said 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.
Harvey said he received a phone call from Monistere the day after he and other store owners won their fight with the NFL. He said Monistere told him that when the media attention from the NFL letters died down, he would come forward and make it known that Who Dat? Inc. was the trademark owner.
Harvey said he didn’t hear from Monistere again after that until he received the first letter from him in June.
Monistere said Who Dat? Inc. has reached out to several store owners offering to sit down and come to a business solution, but so far none have been receptive.
“No merchants that received the letters will even sit down to speak with us,” Monistere said.
Monistere said he thinks most store owners are fighting the order because they believe the phrase can’t be trademarked.
“I’m sure they’re also enjoying the attention they get every time this is brought up,” Monistere said.
He said trademark laws dictate that owners must protect their trademarks to keep them.
But Harvey said when the Saints weren’t winning, Who Dat? Inc. didn’t enforce the trademark.
He said the phrase has become a standard greeting in New Orleans, and no one should be allowed to profit from it because Monistere didn’t enforce the trademark.
“We think he’s entitled to a big, fat goose egg,” Harvey said.
Fleurty Girl, a clothing shop in New Orleans, also received the letters.
Corinne Heffron, an employee at the store, said store owner Lauren Thom has begun working with an attorney to fight Who Dat Inc.
Heffron said the attorney volunteered his services for free, just like he did when Fleurty Girl received the letters from the NFL in January.
“Last time, all he wanted was a ‘Who Dat’ T-shirt,” Heffron said of the attorney.
Harvey said he also received several offers from lawyers offering their services for free in January and hopes the same thing happens this time.
He said he and everyone else at Storyville are prepared to fight Monistere if he pursues legal action.
“Someone’s got to stand up and fight this bully,” Harvey said.
Heffron said she has seen an outpouring of encouragement from locals since news of the letters broke.
“We’ve got tons and tons of support,” Heffron said. “So many people are upset by this.”
Both Heffron and Harvey said they’ve been selling a large amount of “Who Dat” merchandise at their stores but aren’t sure if that can be attributed to the recent legal issue or the start of football season.
Heffron said the store gave away gold ribbons for customers to wear so they can show their stance on the “Who Dat” issue.
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Contact Rachel Warren at [email protected]