NFL Fights Over "Who Dat"
LEMON: That's from 1980. That's the original "Who Dat" video. It is written by a man, the original song, Steve Monaster. There is Aaron Neville performing. Again, this is courtesy of YouTube. You know, this is a huge controversy down in Louisiana. It has gotten all the way to the NFL. "Who Dat" is something that New Orleans Saints fans have been chanting for years. And with the Saints headed to the Super Bowl, it is popping up on lots of T-shirts, right? So the NFL, the National Football League, not amused by this, telling retailers to stop selling the shirts. But a spokesman denies the NFL is trying to stop people from using the phrase "Who Dat." He says, quote, "We are not seeking to exclude all uses of "Who Dat" on merchandise. But in connection with the Saints, we do have to protect the rights of licensees with prior authorization to produce merchandise with the logo." He went on to say " "Who Dat" on a green or white T-shirt by itself is not an issue for us. But the inclusion of the Saints helmet, logo or colors, becomes an issue. And we do not..." Go ahead because we -- do we have to say this whole statement? Anyway, they are basically saying, as long as it is not on the black and gold shirt. Rick Harrow, help me out here. Who owns this?</s>RICK HARROW, CNN BUSINESS SPORTS ANALYST: "Who Dat" going to own that shirt, right?</s>LEMON: Yes.</s>HARROW: The bottom line of it all is that it is pretty complicated legal theory. It is based on common sense. If it is in the public domain, then, you know, nobody can all of a sudden say we own it, we'll charge for it. And if it is not, it is OK. So it is probably a negotiated settlement with "Who Dat" not being owned by the NFL. But the Saints likeness being owned by the NFL. So then they may have to change the pattern of the shirt. However, it is in this political environment, maybe there is a compromise where the shirt is there and the money has been given to charity. The NFL is pretty strong on certain things. Even with churches televising the Super Bowl at big parties to raise money, they didn't allow that a few years ago so...</s>LEMON: I can understand the restriction and they want to, you know, sort of keep it in their realm and they want to protect the rights or whatever. But the NFL -- and this is just for someone growing up there -- the NFL did not start "Who Dat". And the Saints didn't start it either. That was started back in the '60s and the '70s, Southern Jaguars, in Baton Rouge, another university, Baton Rouge, the Southern in Baton Rouge and there's LSU in Baton Rouge. People at the Southern Jaguar games would start to say "Who Dat" and it caught on at LSU. And then it caught on with the Saints and it caught on in other places. And there is also -- in New Orleans as well, an African-American high school, it started there as well. So the Saints don't really own it either. I think it is owned by the people. If anyone, it is the Southern Jaguars or the boys who were at St. Aug High School.</s>HARROW: Don Lemon giving us unique historical perspective of his boyhood home.</s>LEMON: I'm telling you the truth.</s>HARROW: Yes, but the point is I don't think there is turns on who owns "Who Dat". This turns on using the Saints likeness in the same shirts. And, frankly, look, the NFL feels really strongly about Katrina relief. We've seen a lot of that, the Drew Brees Foundation, Peyton Manning from there. I think there is controversy is probably well founded, but will be over very quickly is my point.</s>LEMON: OK. Yes, and it is also millions of dollars probably in merchandising dollars. But one person who, you know, may agree with that, it is owned by the people is David Vitter who is, you know, had some very strong words. Take a listen.</s>SEN. DAVID VITTER, (R), LOUISIANA: I am personally printing "Who Dat" shirts and I'm going to make them widely, commercially available. So if they're going to start suing people, they need to put me on the list.</s>LEMON: So there you go. That's how people in Louisiana feel because they feel that they own that. Rick Harrow, again, as I said, probably the NFL and the team, because we're talking about millions and millions of dollars of merchandising, and it is -- you know, there is a controversy in a time when it is a good thing for the city, that the Saints are going to the super bowl, and it is a really good time for the Saints as well.</s>HARROW: And kudos to Senator Vitter, but also to the NFL. I think this will be worked out and we'll see what happens when we go to the Super Bowl next week. And I'll see you tomorrow.</s>LEMON: I'll see you next week. Thank you. "Who Dat" talking about beating them Saints? "Who Dat." "Who Dat." We have someone from New Orleans dancing in the studio now. Can you get her on camera? You want to do that dance.</s>UNIDENTIFIED FEMALE: "Who Dat." Yes!</s>LEMON: We're back with your comments in just a moment.