“Who Dat?” trademark infringement claims come to a settlement

November 1, 2012 11:05 am Published by Leave your thoughts

A Louisiana recording company recently came to a settlement regarding its trademark claims against the use of the phrase "Who Dat?" A restaurant owner and two T-shirt retailers were accused of trademark infringement in an intellectual property lawsuit. However, the Associated Press reported that all parties came to an agreement and settled the case. The phrase is related to the football team New Orleans Saints.

The owner of the restaurant Who Dat Yat Chat and the two retailers – Storryville Apparel and Monogram Express – all claimed that this suit was over a common phrase that can't be regulated. The recording company Who Dat? Inc. will be paying for the court costs of the restaurant entrepreneur, Darleen Jacobs.

The lawyer of the t-shirt vendors, Mark Andrews, explained that the terms of the settlement for his clients are confidential, according to the source. However, it seems that the settlement allows the vendors to keep selling their products with the phrase and logo "Who Dat?"

The t-shirt retailers had financial troubles during the court case, as the Super Bowl was taking place during this time and they were unable to sell their key products.

"I'm from the Lower 9th ward, I've been using the term ‘Who Dat’ since I was a toddler," Jacobs told WWLTV, a New Orleans-based news station. "The net effect of the settlement is that nobody owns Who Dat."

Businesses have their answer for common phrases

When it comes to intellectual property, a number of issues comes to mind, such as whether patents can be made on phrases or the specifics of everyday appliances. The outcome of this settlement is very clear – the particular phrase "Who Dat?" is not considered to be owned by any particular entity.

Patent infringement or trademark-related lawsuits have many complex legal aspects and Arizona businesses would be wise to consult Phoenix business attorneys on these matters.

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