NEW ORLEANS – A Metairie man has filed suit against the holders of two "Who Dat" trademark registrations.
Keith Moody filed suit against Who Dat? Inc. in the Orleans Parish Civil District Court.
Previously Who Dat? Inc. sued the NFL, the State of Louisiana, Fleurty Girl LLC, Storyville Apparel LLC, Logo Express and Monogram Express, Moody’s company. Who Dat? Inc. reached separate settlements with the NFL, Fleurty Girl, and Logo Express. The settlement reached by Who Dat? Inc., Storyville Apparel and Monogram Express was signed Oct. 31, and the terms were to remain confidential. The parties were only permitted to acknowledge the fact of a settlement and the fact that all parties continued doing business as they had done in the past.
After the settlement a press release was published on Who Dat? Inc’s website and updates to the Wikipedia page for the phrase Who Dat were made.
Moody alleges that these were violations, made by the defendant, of the confidentiality provision of the settlement because they characterized and explained the settlement agreement.
Moody further claims that the defendant does not own the trademarks because the mark cannot serve as an identifier of the source of any goods of services, and that the registrations were granted improperly.
The defendant is accused of breach of contract for violating the confidentiality of the settlement.
The plaintiff is seeking the dissolution of the contract of settlement or excision of the breached confidentiality provision as well as the cancellation of the Louisiana trademark registrations for WHO DAT? and WHO DAT.
The case has been assigned to Division M Judge Paulette R. Irons.
The plaintiff is represented by Mark Edw. Andrews of Andrew Arts & Sciences Law, LLC.
Case No. 2012-10747