Montana senator takes appropriations route to protect state phrase

Senate Finance Chairman Committee Max Baucus, D-Mont., took steps to continue a restriction on the trade-marking of the phrase "Last Best Place" --often used in reference to Montana -- when he inserted language into the fiscal 2009 Commerce-Justice-Science appropriations bill that the Senate Appropriations Committee approved before recess.

The battle over the trademark has been ongoing since 2002, when Nevada businessman David Lipson tried to gain exclusive rights to the term for his Paws Up lodge in Blackfoot Valley, Mont., according to Baucus' office.

The ban was included in the fiscal 2008 omnibus appropriations bill, but it expires Sept. 30.

Baucus' language would continue the prohibition through at least fiscal 2009.

"I'm going to do whatever it takes to protect the phrase -- 'Last Best Place,'" Baucus said in a release after the bill was approved. "There is no way I'm going to stand by and let someone gain the rights to it. That's like trying to take the term 'Big Sky Country' or 'Treasure State.' It won't fly with folks around our state and it won't fly with me."

Former Sen. Conrad Burns, R-Mont., tried to prevent the trademarking as well, but his effort failed after a series of court decisions stemming from a 2006 lawsuit deemed the trademark ban invalid. By contrast, Baucus crafted his language with lawyers to comply with the court ruling while preventing the saying from being trademarked, his office said. Baucus' provision would prohibit the Commerce Department from spending funds to approve the trademark -- effectively killing the request.

"The term 'Last Best Place' brings to mind wide-open spaces, soaring peaks, majestic lakes and blue-ribbon trout streams," Baucus said in the release.

"Whether in a brochure, a favorable article, or just shooting the breeze, I want everybody to be able to use the saying that truly describes our state." Sen. Jon Tester, D-Mont., also supports Baucus' measure. " 'The Last Best Place' is a phrase that belongs to all Montanans, to describe the place they call home. It isn't a trademark," Tester said.

The Commerce-Justice-Science appropriations bill is ready to be considered by the full Senate, but it is unclear when that will happen. If it is approved by the Senate, lawmakers must decide whether to hold a conference to square differences with corresponding House legislation, approved before the Independence Day recess, and send a compromise bill to President Bush for his signature. Bush earlier this year said that he would veto any appropriations bills that would spend more than he recommended in his fiscal 2009 budget proposal.

His warning has spurred House and Senate Democratic leaders to predict they will likely send him few, if any, bills, and would rather wait for a new administration.