Montana Senator Burns Ties Trademark Office Purse Strings to Tie Up

U.S. Sen. Conrad Burns has made a move to essentially stop any attempt to trademark the phrase "The Last Best Place" by forbidding the U.S. Patent and Trademark Office from spending any federal money on the applications.

Burns, a ranking member of the Senate Appropriations Committee has inserted a paragraph into the federal appropriations bill that reads, "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.”

Burns’ spokesman James Pendleton says basically the provision means, "the federal government cannot spend a nickel: no man hours on it, no staples, no ink, printer cartridges, filing fees, no postage … on trademarking the Last Best Place."

By Courtney Lowery – New West Network

Full Story: http://www.newwest.net/index.php/main/article/3193/

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Burns tries to block claims to ‘Last Best’

By ROBERT STRUCKMAN of the Missoulian

"The Last Best Place" trademark applications by Las Vegas businessman David E. Lipson may have come to an end.

On Thursday, U.S. Sen. Conrad Burns, R-Mont., may have closed a door on the controversial applications, which would have given Lipson exclusive commercial use of a popular phrase that has come to be synonymous with Montana.

Burns inserted language into the Senate version of the Commerce, Justice and Science Appropriations Bill that would forbid any federal dollars to be used to trademark the phrase. If the language remains in the bill when it is signed into law, Lipson’s trademark applications would be unable to proceed.
"Senator Burns doesn’t think it should be trademarked," said Burns spokesman J.P. Pendleton. "The phrase belongs to Montana."

Full Story: http://missoulian.com/articles/2005/09/09/news/mtregional/news08.txt

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BURNS SAYS ‘LAST BEST PLACE’ IS PUBLIC DOMAIN

Burns Includes Language Forbidding Federal Money For Trademark

Washington, D.C. – U.S. Senator Conrad Burns (R-Mont.) included language today in the Senate version of the Commerce, Justice, and State Appropriations Bill that would forbid the usage of any federal dollars to trademark the phrase “Last Best Place”. Burns, a senior member of the powerful Senate Appropriations Committee, included the provision after a controversial attempt by a Nevada businessman to trademark the phrase so commonly used to describe Montana.

“If anyone has ownership rights, it’s the citizens of Montana,” said Burns. “This phrase so aptly describes our beautiful state, I can’t see it going into the hands of one operator. Now with this paragraph, the phrase will be protected from a trademark so we can all continue to call our State the ‘Last Best Place’ without concern for copyright violations. It’s nonsense to try to secure the rights to it in the first place.”

The brief addition to the appropriations bill directs the following:

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”.

The controversy began when a Las Vegas businessman who owns property in Montana filed for trademark rights over the phrase. Montanans from every corner of the state, including Burns reacted with great concern over the potential restrictions and subsequent commercialization of an oft-used description for the Treasure State.

Once passed by the Senate, the Appropriations Bill must be reconciled with the House version, then will go on to final passage and the President’s signature. Burns intends to keep an eye on this language to ensure it stays intact.

http://burns.senate.gov/index.cfm?FuseAction=PressReleases.Detail&PressRelease_id=1399