[StBernard] 'Who Dat' battle moves toward trial

[Westley Annis]

'Who Dat' battle moves toward trial

wwltv.com
Posted on April 4, 2012 at 4:00 PM

Katie Moore / Eyewitness News
Email: kmoore at wwltv.com | Twitter: @katiecmoore
NEW ORLEANS -- A federal judge refused to throw out a lawsuit over the
phrase 'Who Dat' Tuesday based on claims by local t-shirt and coffee shops
that it cannot be trademarked and is in the public domain.
The lawsuit over who owns 'Who Dat' began after the New Orleans Saints' 2009
Super Bowl run.
Brothers Sal and Steve Monistere sued t-shirt shops Fleurty Girl and
Storyville, and Chalmette coffee shop Who Dat Yat Chat saying they violated
the Monisteres' trademark of the phrase "Who Dat."
The Monisteres recently settled for an undisclosed amount with the NFL in
the same lawsuit, and entered into a co-branding partnership with them.
The judge refused to dismiss the Monisteres' lawsuit against the shops, even
though they argued 'Who Dat' is in the public domain, a phrase that they say
cannot be owned.
The trial over the alleged 'Who Dat' trademark infringement is scheduled
April 23. However, attorneys in the case say they do expect it to be
delayed.
A settlement conference with the t-shirt and coffee shops is scheduled next
week, something all parties say is routine in advance of trial.