NFL seeks to continue 'Who Dat' trial

By Alejandro de los Rios | Feb 16, 2011


The National Football League is seeking to postpone a trial date set for July in a lawsuit involving ownership of the phrase "Who Dat" saying the litigation has changed dramatically.

Attorneys for the NFL filed a motion Feb. 15 to continue trial in U.S. District Court for the Eastern District of Louisiana. The NFL states that their motion is unopposed.

Who Dat? Inc. (WDI), run by the 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."

The NFL cites the mounting defendants and countersuits as a reason for why more time for discovery needs to take place. The motion also seeks to ensure none of the new parties have scheduling conflicts with the original trial date.

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

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

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 attorneys Lloyd Shileds and Andrew Vicknair are representing Logo Express.

Federal Case 2:10-cv-1333

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