Maybe it’s time to fill the courts !!
A scheduling conference has been set for Oct. 7 in a suit between parties fighting over who has ownership of the term “Who Dat.”
In March, New Orleans attorney Darleen Jacobs filed a petition for declaratory judgment in Orleans Parish Civil District Court against Sal Monistere – who has claimed ownership of the phrase “Who Dat,” associated with the New Orleans Saints – claiming that “no one owns the phrase ‘Who Dat’.”
Magistrate Judge Christine Noland is overseeing the case. The conference will address damages, discovery and establish a possible trial date, among other logistical issues.
The suit was originally filed on behalf of Who Dat Yat Chat LLC, a cafe opened outside of New Orleans with a trademarked name registered in May 2007. The plaintiffs claim that they received a notice in March 2010 from Monistere stating that Who Dat? Inc. is “the sole owner of the phrase ‘Who Dat’ and all derivations thereof.”
A search in United States Patent and Trademark Office’s Trademark Electronic Search System reveals that 28 trademarks have been filed that use the phrase ‘Who Dat’ in some capacity, 18 of which are still live.
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Frank Donze, The Times-Picayune
The emotional issue of who gets to cash in on “Who Dat” mania looks like it’s headed for a courtroom.
Who Dat? Inc., the company that registered the chant that’s inextricably linked to the New Orleans Saints, this week warned local merchants who sell “Who Dat” merchandise to come to the table to work out deal or face the music.
The demand letters came three months after a San Antonio law firm representing Who Dat? Inc. sent “cease and desist” letters to the same retailers informing them that continued sales of Who Dat products constituted an infringement of the company’s property rights.
In the latest correspondence, the Davis, Cedillo & Mendoza law firm instructs store owners to contact Steve Monistere, one of the firm’s principals, “if you wish to discuss a resolution of the claims related to your past usage of WHO DAT and explore the terms for a relationship moving forward.” Monistere recorded the “Who Dat” chant over “When the Saints Go Marching In” in 1983, and then registered a trademark on the phrase.
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By Jeff Duncan
Reggie Bush did more than just forfeit the Heisman Trophy on Tuesday.
In announcing plans to return his 2005 award, Bush effectively divorced himself from the past.
No more lies.
No more denials.
The gaudy wins, Pac-10 titles and bowl victories have been swept from the record books.
All that remains from his college career are the YouTube highlights and faded press clippings.
When he agreed to give back his Heisman Trophy, he essentially took off his wedding ring and threw it in the Pacific Ocean.
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”It doesn’t matter if he gives it back. Everyone still knows Reggie Bush was the best player that year. Look at the runs. He was clearly the best player. O.J. Simpson got accused of a murder and they didn’t take his back. That was a far greater allegation, and they didn’t find O.J. guilty on that.” — Johnny Rodgers, 1972 Heisman winner from Nebraska
”I don’t think he should’ve gave his Heisman away. They should’ve stripped it away because he worked hard for that. I think it’s a shame that it’s come to this for Reggie. Unfortunately they found out a lot of this information after the fact, after he had so much success on the field, and you’re looking at five years later he’s giving the trophy back. My only concern now is what happens if they find out that in the 1950s a booster bought a player a cup of coffee?” — Eddie George, 1995 Heisman winner from Ohio State
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Giving up the Heisman Trophy is one thing, but the former USC star has yet to apologize to the Trojans family.
By Chris Dufresne
Chances are former
USC star
Reggie Bush is/was not the only Heisman Trophy winner to have taken improper benefits while participating as an amateur athlete in college.
That was going to be the indignation column, contemplated at one time, before there became nothing about Reggie Bush worthy of being contemplated.
Now we say: There are other Heisman crooks out there … so what?
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Stewart Mandel
In 11 years on this beat, the 2005 season was by far the most memorable I’ve covered. I’ll never forget watching Matt Leinart‘s 61-yard pass to Dwayne Jarrett from the sideline of Notre Dame Stadium. I’ll never forget watching from the press box above the L.A. Coliseum as Reggie Bush ran off 260 yards against UCLA. And of course, I’ll never forget watching Vince Young scamper to the end zone literally just a few feet in front of me to clinch the BCS championship.
AP: Bush says he is giving back Heisman Trophy
It’s a good thing I have such a sharp memory, too, because one by one, the events of that season are being erased from the record books.
That Leinart sneak to deliver USC victory at Notre Dame? It never happened. Neither did any of the Trojans’ other victories that season. And now, five years after the fact, it turns out Bush was not in fact the Heisman Trophy winner in 2005.
Bush’s decision Tuesday to forfeit his Heisman — the first such occurrence in the award’s 75-year history — allowed him to avoid the indignity of having it taken for him. It’s no coincidence that Bush’s statement came on the same day members of the Heisman Trust met, reportedly to vote on said decision. Bush gets to save face a little by saying he did so to preserve “the dignity of this award,” while pledging to “work with the Trustees to establish an educational program which will assist student-athletes and their families avoid some of the mistakes that I made.” (Note that he still has yet to specify, admit to, or apologize for any of his alleged “mistakes.”)
We knew this day was coming one way or the other. Whether it wanted to or not, there was no way the members of the Heisman Trust could ignore their own published policy that “the recipients must be in compliance with the bylaws defining an NCAA student athlete.”
That doesn’t make it any less clunky.
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The Times-Picayune
New Orleans Saints running back Reggie Bush isn’t waiting on the Heisman Trophy Trust to rule on whether it will take back the award he won in 2005 as a member of the USC football team.
The Associated PressReggie Bush said he will forfeit his Heisman Trophy. In a statement released by the Saints on Tuesday afternoon, Bush said he plans on giving back the Heisman Trophy.
Here is his statement:
“One of the greatest honors of my life was winning the Heisman Trophy in 2005. For me, it was a dream come true.
But I know that the Heisman is not mine alone. Far from it. I know that my victory was made possible by the discipline and hard work of my teammates, the steady guidance of my coaches, the inspiration of the fans, and the unconditional love of my family and friends. And I know that any young man fortunate enough to win the Heisman enters into a family of sorts. Each individual carries the legacy of the award and each one is entrusted with its good name.
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Jeff Duncan
Welcome to today’s edition of the New Orleans Saints Mailbag. Lots of interesting questions today, including ones about the Saints’ use of the 3-4 scheme against the Vikings and the renewed debate over the legitimacy of Lance Moore’s extra-point conversion catch in Super Bowl XLIV.
I’ll have more files tomorrow and Thursday.
Meantime, if you’d like to submit a question, send it to Saintsmailbag@timespicayune.com. Please include your name and place of residence. And by “name” I mean your real name, the one your momma gave you, not some Internet message board handle. In other words, John Doe not WhoDat4Ever69. Otherwise, your question won’t get published. Sorry, folks, rules are rules.
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By Pat Yasinskas
In just the second week of the season, the New Orleans Saints have a chance to make franchise history.
They have never started 2-0 in consecutive seasons, but they can do that with a victory against San Francisco. The Saints started 13-0 last year. But the Saints have started 2-0 only six times in franchise history.
One other positive statistic for the Saints: They’ve won their last five meetings with San Francisco, and each of those have come since the Saints left the NFC West in 2002.
And a final New Orleans note from ESPN Stats & Information: Drew Brees completed 75 percent of his passes in the season opener. That’s the 15th time he’s completed that high of a percentage of his passes since joining the Saints in 2006. In that same time frame, San Francisco quarterbacks have had only five games where they’ve completed 75 percent of their passes.
Thanks Pat for another great story. Story located at.
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