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Bill Forbidding Funding of Any Trademark of 'The Last Best Place' Phrase Is Invalid
In Last Best Beef LLC v. Dudas, No. 1:06-399, 2006 WL 2852764 (E.D.Va. Sept. 27, 2006), the District Court for the Eastern District of Virginia ruled that a Congressional appropriations bill forbidding federal funding of the registration, issue, transfer, or enforcement of any trademark of the phrase 'Last Best Place' improperly circumvented the Lanham Act and thus was invalid legislation.
Between 2001 and 2004, Last Best Beef, LLC ('LBB') filed eight trademark applications with the USPTO for registration of the phrase 'The Last Best Place' in connection with a variety of goods and services. After the USPTO issued a Notice of Allowance for the marks, President Bush signed the Science, State, Justice, Commerce, and Related Agencies Appropriations Act of 2006 (the 'Act'), which included an amendment sponsored by Senator Conrad Burns of Montana forbidding funding of any trademark of the phrase 'The Last Best Place.' Senator Burns stated publicly that this phrase belonged to the State of Montana. Soon thereafter, the USPTO issued a Cancellation Order for the marks based upon the Act.
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