According to NFL spokesman Dan Masonson, “Any unauthorized use of the Saints colors and other [marks]
designed to create the illusion of an affiliation with the Saints is equally a violation of the Saints trademark rights because it allows a third party to ‘free ride’ by profiting from confusion of the team’s fans, who want to show support for the Saints.”
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Loyola Law School intellectual property professor Ray Arieaux said the ownership of ‘Who Dat’ may be a gray area.
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“Is there some unfair trade taking place because maybe the public does associate that with the Saints? The question is what does the public associate with ‘Who Dat,’” Arieaux asked.