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NFL reminds you that "Who Dat" and "Who Dey" belongs to them.

Fans of the Saints and Bengals have argued -- sometimes relentlessly -- who the creator was of their own chant. Did the Bengals fans come up with our "Who Dey" chant before the Saints came up with their "Who Dat" chant? Does it really make a difference at the end of the day? If one copied after the other, would the other stop chanting it? No. No matter the winner of the debate, the loser will still chant like it's their own. Personally, I believe the origin of both chants was in no way stolen from each other. Call it coincidence. Hell, call it irrelevant. However, there's a somewhat relevant issue arising that's taking some by surprise, thanks to the NFL. With the Saints about to play in their first ever Super Bowl, Saints fans are euphoric. Can you blame them? So fans want "Who Dat" merchandise and stores in New Orleans were originally trying to accommodate them. The multi-billion dollar business called the NFL, had a problem with this, sending out cease and desist orders to stores selling anything with the Saints catch-phrase without authorization.

According to NFL spokesman Dan Masonson, "Any unauthorized use of the Saints colors and other [marks] designed to create the illusion of an affiliation with the Saints is equally a violation of the Saints trademark rights because it allows a third party to 'free ride' by profiting from confusion of the team's fans, who want to show support for the Saints."

The league is also preventing the Superdome, where fans could gather as a community, from broadcasting the Super Bowl. Doug Farrar writes that Roger Goodell should have more pressing issues to worry about. "You've got an uncapped year and a possible lockout on your hands, and you're worried about a few unlicensed T-shirts?" Dave Goldberg writes that the slogan belongs to the fans. Michael Oriard calls the NFL a bully and Peter Finney writes that Who Dat belongs to the ages, not the NFL.

Yes, yes. The NFL has rights and there's trademark laws everywhere. Small market stores selling unauthorized trademarked slogans will hardly hurt the NFL's bottom line. As for the question of whether the league owns trademarks like Who Dey, or Who Dat, they absolutely do. This goes back to an issue that reminds me of what Mickey Mentzer, head guy at WhoDeyFans, had to deal with when when the NFL sent him a cease and desist order for having the words "Who Dey" in the URL of their site which, indirectly, caused a violation that Mickey had to resolve by removing an ad on his website. The cease and desist letter read in part:

This letter is being sent to protest your unauthorized use of NFL Trademarks in connection with the promotion of your web site, www.whodeyfans.com. While we have no objection to your operation of a fan site supporting the Bengals Club through www.whodeyfans.com, we have a variety of concerns with respect to the current configurations of the site.  First, it is our policy that a fan site may use NFL Trademarks provided it is not, among other things, commercial or offensive.  Unfortunately, your site fails these standards.  You sell advertising space on your website, including to casinos and gambling organizations and to other commercial ventures.

Dave's Stripe Hype has felt the wraith, this time from the Bengals, when logos were used on the site's template. It's not a secret that the Bengals organization has a lot of distaste for blogs run by people not from the Enquirer, Dayton Daily News or other traditional media outlets. Guys like me -- who barely even makes a buck -- takes a vested interest in talking about the Bengals, providing free marketing about the team because we're more likely to promote them than we are anything else. How bloggers like us even want to blog about a team that would rather watch us drink rat poison has gone unanswered for years -- because I love it? Because I love the team? Because I'm yet to feel the wraith of the Cincinnati Bengals? Who knows. We're the scum of the Earth, the organization likely thinks. But we're harmless scum and thus, they've left us alone so we can simply go about our day. No harm done. Yet.

Question of the day: Should the league stop worrying about whether one of their trademarks, one that was mostly created by fandom, or should they go after small stores selling the trademark without authorization?

Moving on.

Star-divide

On Friday, the Bengals lost their associate strength and conditioning coach Ray Oliver, who will join the University of Kentucky as the school's Director of Performance, in charge of the "strength and conditioning program."

With his DUI arrest Friday morning, Rey Maualuga will likely be fined by the NFL. However, don't expect any suspensions for the first-time offender.

Chick Ludwig writes that the Bengals have to improve in all phases if they want to make the playoffs in 2010.

James Walker lists Andre Smith as the biggest rookie disappointment this year, even saying that he was "arguably the biggest rookie bust this past season."

Mardy Gilyard talks about his past.

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Heyward Bey

I have to think that even with all of Smith’s disappointments this year, he shows more future promise than Heyward-Bey, who had fewer catches than starts, and was drafted near as high. Heyward-Bey should be the biggest rookie bust.

by jim0ijk on Jan 29, 2010 4:11 PM EST reply actions  

regarding NFL rights to slogans on tshirts: I’m not generally on the side of the rich and powerful in debates, but people are making money by selling NFL property without the consent of the NFL. The league would be foolish to allow that. As for fan sites… I think the NFL is right to limit what fan sites can advertise if they want to simultaneously use NFL property like team logos and such, so long as they are reasonable about it. Gambling is obviously something the NFL does not want to be associated with.

As for who the biggest bust of the 2009 draft is- it’s obviously way too early to tell, but based on the rookie year alone I’d go with Tyson Jackson. He was picked #3 overall to be a pass rusher and didn’t register a single sack. He did knock down a couple passes and log 26 tackles, but over 16 games that’s not much production from a pick that high.

by indesignkat on Jan 29, 2010 5:24 PM EST reply actions  

Actually, the NFL doesn’t own “Who Dat”. Seriously. It was trademarked LONG before they got into the action (a few days ago) at the national level (which trumps their attempt to register it in Florida as well) in the mid 1980s.

Not sure where it will end, but if justice is blind they will lose big. Unfortunately, sometimes money talks a bit too loud.

by FriarBob on Jan 29, 2010 6:27 PM EST reply actions  

So “Who Dat” was trademarked 15-25 years after the Saints came to be, and the entirety of it’s usage is about the Saints, and yet the owners of everything that even mentions the Saints have no right to it?

by indesignkat on Jan 30, 2010 11:04 AM EST up reply actions  

no it was around long before the Saints were here

they used it for high school games and college games around the area before the Saints came. Then started using it for the Saints.
Well, that is the story anyways.

by WHYUS!! on Jan 30, 2010 11:33 AM EST up reply actions  

It’s a true story. It was first used (in known history at least) back around 1880. Yes the nineteenth century, before football even became a sport, much less the Saints became a team.

It wasn’t applied to the Saints until 1983. At which time it was trademarked by the people who came up with the slogan, which was not the Saints organization.

The NFL doesn’t own jack in this case.

by FriarBob on Jan 30, 2010 10:51 PM EST up reply actions  

What I thought!!

The No Fun League owns nothing and they need to stop trying to STEAL another buck off of the people that support them. There’s enough money to go around.
Though I understand their point, they need to think things through first.

by WHYUS!! on Jan 30, 2010 11:42 PM EST up reply actions  

Oh and considering just how many crippling injuries we’ve had at times, I’m not so sure some fresh blood in that department isn’t a GOOD thing instead of a bad.

by FriarBob on Jan 29, 2010 6:28 PM EST reply actions  

And now the NFL has realized the stuck their hands in the hornet nest:

http://www.nola.com/saints/index.ssf/2010/01/who_dat_nation_1_nfl_0.html

by FriarBob on Jan 29, 2010 9:04 PM EST reply actions  

Who Dey/Who Dat

When you stop and think about it, is there anything dumber? Trademarks? Fans trying to lay claim to these phrases that have little or zero meaning? When the team is good enough, I prefer to pop off about the Bengals without sounding like Uncle Remus. I suggest 2010 is the year we lay this fella to bed and come up with something new. Let the NFL have this one, dawgs! No importa.

Now that King AFC North, James Walker, has declared Andre Smith a shitty draft pick and a flat out bust(I called it, was dumped on for it), who could’ve helped us the most in the 1st Round? Crabtree? Moreno? Another OT that wasn’t morbidly obese and didn’t quit the combine? I forgot who I even wanted. I was too blinded by my fear that the Bengals would lean on Cincy Jungle for hot tips and draft Chubby.

by bodacio on Jan 31, 2010 12:07 AM EST reply actions  

I was hoping for Raji. Or the perpetual pipe dream of ’move down 3 or 4 picks, get something in trade, and still get that OL", which in this case was either Andre Smith or Eugene Monroe, depending on whether the team felt they were more in need of a run blocker (Smith) or a pass blocker (Monroe).

by indesignkat on Jan 31, 2010 10:21 AM EST up reply actions  

Neither of which, Smith or Monroe, did much of anything this year, btw.

by indesignkat on Jan 31, 2010 10:23 AM EST up reply actions  

Yeah I wanted Raji too. But I would have been happy with anybody except Smith.

I think, however, that Smith might have a chance to be semi-useful someday. He just wasn’t in his first year. Which is why we needed to find a way to trade down so we could have had less contract trouble trying to draft him.

by FriarBob on Jan 31, 2010 10:35 AM EST up reply actions  

Nobody, including Walker, has any idea how Smith is going to be.

He is a rookie and played stellar ball in a big time college program. I say lets see how he does after a full TC and preseason before we declare him a bust. Walker is wrong a lot and I think he is wrong here as well. I see multiple pro bowls in his future as a distinct possibility. If the Bengals add Iupati as a first round LG this Oline will dominate IMO.

" My enemy said "Love your enemy". I obeyed and loved myself." Gibran

by JUNGLEJOHN on Feb 1, 2010 9:36 AM EST up reply actions  

I’d love to see them take Iaputi, but I don’t see it happening. Not many teams spend a first round pick on a guard, but the ones that do generally see very good results.

Ben Grubbs: started every game for Ravens last year, solid player
Branden Albert: was excellent at guard, but then was moved to tackle and has struggled
Davin Joseph: solid starter, pro bowl in ’08
Logan Mankins: pro bowler, considered one of (if not) the best guard in the NFL
Vernon Carey: was moved to tackle, solid starter on an excellent line
Kendall Simmons: was pretty good, but injured a lot
Steve Hutchinson: was so good he opened the door for guards to make big money
Alan Faneca: best of the decade
Chris Naeole: solid 12 year starter
Pete Kendall: solid 12 year starter
Jeff Hartings: moved to center, 2 pro bowls, excellent career
Jermane Mayberry: 10 year player, 1 pro bowl
Ruben Brown: 9 pro bowls

That’s going back quite a few years, and I didn’t leave off the bad ones. First round guards pretty much don’t miss.

by indesignkat on Feb 2, 2010 9:06 AM EST up reply actions  

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