State frowns on ‘Last Best’ trademark

HELENA – The Schweitzer administration filed formal objection Thursday to a Las Vegas businessman’s attempt to trademark the phrase “The Last Best Place” for the exclusive use of his extensive commercial operations.

The document filed with the U.S. Patent and Trademark Office by the state Commerce Department stated the term has become an accepted nickname for Montana, and, as a “geographically descriptive” phrase, cannot be reserved for sole use by an individual.

To give David Lipson exclusive rights to the phrase would prevent the department, other state agencies and other Montanans from using it in connection with similar or identical goods and services, Billings attorney Robert Griffin said in the filing.

The move came just two days after Lipson, in a meeting with Gov. Brian Schweitzer, assured Schweitzer he was not trying to gain exclusive use of the phrase. Lipson promised a letter from his attorney to that effect.

Eric Stern, senior counselor to Schweitzer, said the objection was filed anyway “to preserve our legal options in case we have to fight it.” The deadline for objections is Aug. 4.

Lipson has repeatedly refused to comment on the matter. Luke DeMarte, Lipson’s trademark attorney, was out of his Chicago office Thursday and did not immediately return a phone call.

Records show Lipson submitted 10 trademark applications for “Last Best Place” between December 1992 and August 2004.

They seek exclusive use of the phrase for real estate and land development services, blankets, bed sheets, pillow cases, towels, bath linen, curtains, handkerchiefs, shower curtains, shirts, belts, shoes, socks, underwear, hats, pajamas, ties, T-shirts, sweaters, jackets, cookware, dishes, meat products, hotel and restaurant services, travel information services and catalog and retail mail order services.

Five applications have been all but completed and await proof from Lipson that he is using the term commercially.

Coined by Missoula author William Kittredge in 1988 as the title of an anthology of work by Montana writers, “The Last Best Place” has become a prevalent moniker, used not only by the state, but by a large number of businesses in promotional efforts.

Lipson’s Resort at Paws Up, about 28 miles east of Missoula, also has been using the phrase.

Despite Lipson’s comments to Schweitzer earlier this week, his pending trademark applications still seek exclusive use of the phrase, Griffin told the Associated Press. He would have to withdraw the documents to reflect what he told the governor, Griffin said.

“We’re worried that Mr. Lipson will try to prevent other people from using the mark, this wonderfully vivid description of Montana,” he said.

The applications were submitted by Last Best Beef LLC, which is owned by Lipson through another of his Nevada companies, DEL Investments Corp.