On October 4th, 2012, Judge Barbier in the Eastern District of Louisiana denied Who Dat Yat Chat, LLC’s motion for summary judgment seeking to dismiss Who Dat Inc.’s lawsuit claiming trademark infringement for use of the slogan, “Who Dat”. “Who Dat,” the Saint’s rallying cry, was previously trademarked by Who Dat Inc., co-merchandiser with the National Football League, which produced an Aaron Neville song in 1983 using the slogan, according to lawyers for Who Dat Inc.
Who Dat Yat Chat, a coffee shop, sought to have Who Dat Inc.’s suit dismissed claiming that the phase was “abandoned” by Who Dat Inc. since it has not sold merchandising bearing the trademark for more than three years. It also argued there would be no infringement since the mark would be used in the name for a coffee shop and not for merchandising. In its motion, Who Dat Yat Chat argued, “at the very least, [Who Dat Inc.] cannot show at any time [it] had any trademark involvement in any aspect of any restaurant business and [Who Dat Yat Chat] is therefore entitled to a summary judgment on abandonment with respect to restaurant services.” In response, Who Dat Inc. maintained that it had a “long history of sales of beverage and food products” including “coffee and coffee-related products.”
Denying Who Dat Yat Chat’s motion for summary judgment, the Court issued a terse decision holding that there were “material issues” of fact that preclude summary judgment.
First down…
Coffee Shop Can’t Beat Saints-Gear Seller’s ‘Who Dat’ IP Lawsuit