Louisiana Record

Thursday, February 20, 2020

Protective order motion filed in 'Who Dat' lawsuit

By Alejandro de los Rios | Feb 1, 2011


A motion for protective order has been filed in a case involving the ownership rights to the term "Who Dat," according to documents filed in U.S. District Court for the Eastern District of Louisisana.

The New Orleans Saints filed the order to U.S. District Judge Carl Barbier on Feb. 1. It asks that parties involved to label "protected information" for any files deemed confidential by a disclosing party.

Who Dat? Inc. (WDI), run by brothers Sal and Steve Monistere, is suing the National Football League (NFL), NFL Properties (NFLP), the New Orleans Saints, Liquid Ventures Inc., Logo Express Marketing Inc., Monogram Express, Storyville Apparel, and Fleurty Girl for alleged misappropriation of the phrase "Who Dat" on their merchandise.

Fleutry Girl, Storyville and the Cafe have since filed countersuits against WDI.

Storyville's countersuit claims that the term "Who Dat" has "been applied to many sporting contests...for many decades before 1983" and that WDI "has abandoned any trademark rights it may have ever had in WHO DAT? By non-use and non-exclusive use for a significant period of time."

A search in United States Patent and Trademark Office's Trademark electronic search system reveals that 32 trademarks have been filed that use the phrase 'Who Dat' in some capacity, 19 of which are still live. Who Dat Inc.? has nine registered Who Dat trademarks but only three, all filed in 2010, are still live.

The motion for protective order in this case asks that all inspections of "protected information" will be "limited to counsel for the parties" and their employees. The motion also applies to deposition testimony and exhibits.

The motion came with a proposed blank form to be filled out by employees of the parties that are a part of or become involved in the litigation.

Metairie attorneys Joseph Piacun, Thomas Gennusa II and Reid Uzee; and Texas attorney Ricardo Cedillo are representing Who Dat? Inc.

Atlanta attorneys Christopher Bussert, Jerre Swann, James Sullivan Jr. and New Orleans attorneys Lesli Harris, Michael Walshe Jr., Phillip Wittmann and Agnieszka McPeak are representing the NFL, NFLP and the Saints.

New Orleans attorney Darleen Jacobs is representing the Cafe.

New Orleans attorney Mark Edwards is representing Storyville.

New Orleans attorney Ernest Svenson serves as counsel for Fleurty Girl.

New Orleans attorneys Lloyd Shileds and Andrew Vicknair are representing Logo Express.

Federal Case 2:10-cv-1333

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