On Tuesday, the U.S. Patent and Trademark Office mailed two notices of allowance to Lipson's trademark lawyer, Luke DeMarte, in Chicago. DeMarte, reached by telephone Wednesday, declined to comment on the applications.
The notices bring to five the number of Lipson's trademark applications that have been all but completed. Those five applications only await proof from Lipson showing that he is using "The Last Best Place" commercially. Lipson has three other applications pending.
If successfully registered, the eight trademarks would grant Lipson exclusive commercial rights of a phrase that has come into wide use throughout the state and has captured the hearts of Montanans. The applications would give Lipson exclusive rights to about 100 commercial uses of the phrase.
The two marks that moved ahead Tuesday would give Lipson exclusive use of "The Last Best Place" phrase for the marketing of beef and clothing, including hats, shirts, jackets, underwear, sweaters and lingerie.
"What the Patent and Trademark Office is saying is, 'We've examined the proposed mark and found it OK. Go ahead and start using it,' " Missoula trademark lawyer Shane Vannatta said Wednesday. Vannatta does not represent Lipson and has no stake in the case.
In early June, Lipson drew attention from the Missoula City-County Health Department when his luxury resort in the Greenough area of the Blackfoot Valley opened despite lacking necessary business licenses. The resort's main obstacle was an unapproved water system.
The Health Department ordered the resort to close, but Paws Up wouldn't shut its doors. Lipson said he had no choice but to stay open: If Paws Up closed, it may never have reopened.
About a week ago, Lipson struck a deal with the Montana Department of Environmental Quality to operate the resort's water system. Lipson will pay fines totaling $210,000 and has agreed to have an approved public water system in place by Jan. 1, 2006.
Lipson is a merchant banker with more than 20 companies registered to one address in Las Vegas. He also is involved in a legal battle with a Montana construction company over work done at Paws Up and, in the 1990s, was found liable for securities fraud for insider trading in a case involving Supercuts. He had been chief executive officer of the nationwide chain of discount-haircutting salons.
In 2002, the SEC estimated Lipson's net worth at more than $100 million, according to court records.
According to Lipson's trademark applications, his claims to "The Last Best Place" would cover a wide array of commercial uses, including travel, lodging and food service, as well as for use with retail and manufactured items including furniture, clothing, cookware and crockery.
The applications themselves were made under the name of a company called Last Best Beef LLC. According to the Nevada secretary of state's office, Last Best Beef is owned by Lipson through another one of Lipson's Nevada companies, DEL Investments Corp. (DEL stands for David E. Lipson.)
At the Tuesday meeting in Helena with the governor, Lipson said he will not continue to actively pursue exclusive commercial use of "The Last Best Place." Schweitzer asked Lipson to put those words into writing.
"He gave me assurances. I took the man at his word," Schweitzer said Wednesday. If he receives a letter that does not reserve all uses of the phrase "The Last Best Place" for all Montanans, Schweitzer said he will push harder.
"We'll stand for nothing less," Schweitzer said.
For his part, Lipson did not return calls from the Missoulian asking for comment.
But Lipson's trademark applications themselves speak louder than words, said lawyer Vannatta.
"It's quite straightforward," he said.
Applications such as Lipson's are for certain exclusive commercial rights to a distinguishing mark, in this case the phrase "The Last Best Place."
That's the purpose of those trademarks, he said.
"It is exclusive. I don't see how he can claim to be doing otherwise," Vannatta said.
Schweitzer said he didn't care what was happening with Lipson's applications.
"I'm like a doggone blue heeler. I'm going to make sure this deal is done," Schweitzer said.
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michel wrote on May 20, 2009 12:06 PM:
The Health Department ordered the resort to close, but Paws Up wouldn't shut its doors. Lipson said he had no choice but to stay open: If Paws Up closed, it may never have reopened.
About a week ago, Lipson struck a deal with the Montana Department of Environmental Quality to operate the resort's water system. Lipson will pay fines totaling $210,000 and has agreed to have an approved public water system in place by Jan. 1, 2006.
Lipson is a merchant banker with more than 20 companies registered to one address in Las Vegas. He also is involved in a legal battle with a Montana construction company over work done at Paws Up and, in the 1990s, was found liable for securities fraud for insider trading in a case involving Supercuts. He had been chief executive officer of the nationwide chain of discount-haircutting salons.
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michel
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