Archive for January, 2010

Note: I am trying to get ahold of a friend who is an intellectual property lawyer on this.

… I am not convinced the NFL is trying to claim ownership of the phrase “Who Dat” but they might be trying to enforce copyright as it relates to ‘Who Dat’ in black and gold coloring or with a fleur de lis. So purple Who Dats, pink Who Dats, red Who Dats, any other color Who Dats are fine but I think specifically black and gold Who Dats with fleur de lis resembling the Saints logo are a no no.

So I am not entirely convinced the NFL is claiming ownership of Who Dat and I am almost positive they aren’t claiming ownership of the fleur de lis as I have read. There is a specific style of fleur de lis the NFL has ownership of and that is the one that is exactly or closely depicted on the Saints helmet.

The story I have been trying to figure out today is if the NFL is sending cease and desist orders for the phrase “Who Dat” or orders related to the phrase “Who Dat” with black and gold coloring and fleur de lis.

If it is the phrase “Who Dat” as it stands alone. Then yes, release the hounds. If it is the latter, then I don’t think it is the NFL who are encroaching on the the t-shirts but the t-shirts who are encroaching on the NFL. It’s as if I wanted to make a soft drink and use red and white as my can design and in swirly letters wrote, “soda pop” on it. No one owns the phrase “soda pop” but if I use that phrase in a way that could be conceivably confused with Coke and selling a product similar to theirs (as in the case of gear and merchandise), I am encroaching on their trademark.

I think by the phrasing of their letter it is the potential for confusion they are on about…

From the NFL:

“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.”

Now, is the NFL going after small potatoes by screwin’ with Magazine Street shops? Absolutely!

Should they know better than to disregard such small time operations until they become large enough to pose an actual threat because of the potential for bad press? Sure!

But I am not sure the NFL isn’t legally in the right here as it relates to the teams colors and logo which, when used together, do approach infringement.

I will murder you!

To supplement the Bourbon Street reaction video…

This last one is a bar in DALLAS.

I had my first NFC Championship dream a week ago. It was stressful. It was like one of those “waiting tables” dreams so many of us former and current service industry folk have where the subject must serve and endless dining room of unruly customers.

Except it was like watching a stressful football game (like the one the other night) only in your sleep, and you can’t escape. I had one a week ago then I had another Saturday night. The second one was stressful enough that I mentioned it to a buggy driver at the Square and he said he had one too. I thought that was coincidence enough and just dismissed it.

Then comes the game and the victory and Garret Hartley’s awesome, majestic, boot through the uprights. In an interview shortly after the game he says…

“People are saying premonition, I don’t know what it was. I just call it a feeling. A random gut-check. I don’t know what it was. I couldn’t sleep too well that night, so I called my dad at 2 or 2:15 in the morning,” Hartly said. “I told him that I had a dream that I was gonna make a 42-yarder on the right hash mark. It was going to come down to that. But I missed it; it was a 40- yarder.”

So now I was wondering how many other folks were having these dreams of Mother Abigail. Who else was enduring this mental health crisis. I found three more online. My friend Sarah said her boyfriend had one and then…

Meg Lousteau
I had a dream that I missed the game, then ran into someone in the hallway who was smiling, so I knew we’d won.

And…

Morwen NiAnne Madrigal
Was waking up yesterday morning- In an alpha-state I saw Brees pass to Shockey for a TD, 9 point lead, and les then 2 minutes in the game.

I am not trying to get metaphysical here. I don’t want to damage my reputation as a skeptic. I don’t believe in predicting the future but I do have a firm belief on the “collective consciousness” and its influence on future events. It isn’t as much a premonition as it is a erosion or fortification in confidence that affects everyone in a certain area or culture.

I guess that does sound metaphysical but I think it’s based in Science and not oils or stones.

Keep an ear out for anymore nocturnal visitations by padded men playing with pigskin.

crush

The NFL Network has been showing playoff games in it’s NFL Replay show and it’s been quite exquisite. The replay lasts about an hour and a half and most of the boring stuff is left out. The entire show is essentially the important drives and plays and commentary about them by the players in the post-game interviews. Yes, the keep it kayfabe by not really revealing the victor and making it seem like the losing team may still have a chance to win for anyone who hasn’t, well, read a sports page in the last few days.

I watched the Dallas Vs. Minnesota game the other night and, yes, it was fun seeing Dallas get stomped on and, honestly, I really don’t hate Minnesota the way I do teams like the Patriots, the Chargers, the Cowboys and, well, that’s all I suppose. But they have this crazy, Klondike MFer on their team that we need to look out for. Jared Allen LOOKS like he belongs on a team named the Vikings. These guys sacked Tony Romo six times. Guess who the Klondike is matched up with on Sunday? A first-year starter on the line named Jermon Bushrod, “highly regarded by the coaching staff.” So we need to watch that. Pass rush was a factor in that Dallas game. Remember that sack on the Brees near the end of the game by Demarcus Ware? Know who was on him? Bushrod. Good luck, kid. The hopes of a shit-ton of people are riding on you. Make us proud.

Of course, we could also hope that this Brett Farve shows up and that would be OK too. My new favorite Saint Darren Sharper should be ready to go on Sunday so let’s hope he and my wife’s favorite, Johnathon Vilma and the rest of the Saints D can send Farve and the Vikes packing.

The Saints D has been getting a lot of shit this season but I have been impressed. I noted in a post a while back that the Saints D has been averaging 20 points against per game. The offense essentially needs to score three touchdowns. The D is also vastly improved in turnover ratio. So that’s cool.

I think we will win Sunday. I think we will win the Super Bowl too.

On the other hand

Okay, let’s see… Schools closed in Iowaarguing about grammar in the comments of a Sports storyCauseway’s fine

OOOOOH! Titanic on TV Friday!

I know this clip is a little old but I think it shows how in any given Mayoral forum / debate. James Perry is the smartest guy in the room. And, he was an Eagle Scout.

Video: Louis Maistros (who also wrote an awesome book).

I saw this picture of John Goodman portraying a college professor in “Treme” and immediately thought of Ashley Morris. Do I have an overactive imagination on this or am I late to the game on something everyone else already knows?

goodmo

I am overcome with a sense of pride in seeing Nola bloggers seizing the day in this election. On their blogs and Twitter, Nola bloggers have been giving constant reports and commentary from debates and forums. Finally, “analysis” I actually care about from people I have something in common with. Smart, funny, informed dispatches from friends and fellow New Orlenians who don’t always agree with me but still think like I do. Folks who aren’t promoting a book, shooting for an anchor job or being bumped for a full page ad.

I could name names but I would leave people out and in the end the whole group functions as a whole. I will say one morning I was still in my bath robe while Karen was Tweeting, er Twittering, er commenting on the Internet from some forum or another. Sure I felt like I wasn’t doing my part. Sure I spent the rest of the day in that very same bath robe. But I was also staying informed. Which is the LEAST someone can do right?

Also, if Eli Ackerman is near you with a camera in his hand, a smart man would try his hardest not to say anything STUPID. Of course, a stupid man can’t do anything but.

These are the experts I want to hear from. I never understood the cable networks laziness in always going to the “experts.” The experts have been shown to be wrong time and time again. I always look for truths by asking my neighbors and friends. More can be gleaned from the information they provide than so-and-so Jones-Matthews who is the Vice President of the such-and-such group who has a book out on the subject called “A Time For Dying” or whatever talking head happens to be on the screen. It seems so much is spent on trying to figure out what will happen but not enough on what IS happening.

Back to the Mayor’s race and bloggers, I think John Georges and Troy Henry have taken the brunt of it which is fine. Particularly in the case of Georges who just has this general notion and aura of being clueless. I have not spoke with a single person who has said they have considered voting for him.

I spoke with an ice cream vendor in the Quarter the other day. That’s right, an ice cream man, who said he wouldn’t vote for him because he didn’t trust anyone who made their fortune in vices. In the Governor’s race, that’s why I didn’t vote for him. But now, I have all kinds of reasons.

In 2006 I criticized Mitch Landrieu for not going on the attack enough and being too passive. This time around, that’s exactly what he needs to do. His opponents are throwing dirt on themselves.