Two ‘Last Best Place' trademarks approved
I found a couple of things interesting about this.
The actual wording in the bill regarding the trademark is this: “Notwithstanding any other provision of this act, no funds appropriated under this act shall be used to register, issue, transfer or enforce any trademark of the phrase ‘Last Best Place.' ”
As with all appropriations legislation, the law is limited to the fiscal year - Oct. 1, 2005 to Sept. 30, 2006.
The timing and the wording place Lipson's trademarks and his remaining applications in a “strange limbo,” Missoula trademark lawyer Shane Vannatta said Wednesday.
The law doesn't say that a trademark for the phrase cannot be owned. It renders the trademark effectively useless - but only for the fiscal year, Vannatta said. The language would need to be inserted into appropriations bills every year to block the trademarks.
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As for the peculiar wording of the legislation, it was done on purpose, Pendleton said.
Burns wanted a temporary - not permanent - solution to the trademark controversy. The door was left open to give the state a chance to own the mark, Pendleton said.
“Burns didn't want to block it away for good,” Pendleton said.
So, the rest of the applications are in limbo until next year and if nothing happens can be acted upon then. Doesn't seem like a real good solution to me.
The article also says the "The door was left open to give the state a chance to own the mark." Is Gov Schweitzer doing anything about this situation to protect this phrase for our State? I haven't heard of anything. Maybe he needs to get out of the national media spotlight and do something for the citizens of the state, like figure out if there is a way to permanently protect the phrase "Last Best Place" for all Montanans.
It will be interesting to see if the Governor will do anything about this or not. It will sure tell me where his priorities are at one way or another.
Action expresses priorities. Mohandas Gandhi
