A Las Vegas businessman, David Lipson, has applied for exclusive use of the phrase "The Last Best Place" for his luxury resort. The term was coined by Montana writer William Kittredge for his anthology of Montana writing in 1988. He is opposed to Lipson's application.
Lipson's application would give him claim to exclusive use of the phrase for travel, lodging and food service, furniture, clothing, cookware, crockery, and lingerie, among the approximately 100 uses.
The U.S. patent office should either reject this preposterous application outright, or enter negotiations with Kittredge. If I were Kittredge's lawyer, I might suggest $1 million per year or 10% of Lipson's profits, whichever is more.
When trademark law takes precedence over copyright law, claims that capitalism fosters creativity and innovation must be viewed as utter nonsense. Lipson is a leech of the worst sort.
Originally posted by WulebgrTrademarking is essential to survive in business. It costs a lot of money, though. The cost is enough of a barrier for many people with good ideas but little capital to enter the market. So, I'd say that your statement is true even from a commercial viewpoint. Then there's trademarking stuff that's been around for so long people don't think twice about it, and before you know some shyster owns the rights to the name (eg. a medicinal herb used by indigenous people on one continent becomes the exclusive property of a bunch of turds on another). That this is even permissible makes my mind go boggle, boggle, bog.
When trademark law takes precedence over copyright law, claims that capitalism fosters creativity and innovation must be viewed as utter nonsense. Lipson is a leech of the worst sort.
I remember many years ago a comic creator by the name of Eric Larson(creator of the Savage Dragon) copyrighted the Names Jesus, God, and Adolf Hitler. He did it as a joke though, he never intended to gain anything from it. He was just amazed that no one had done it yet.
Gene simminons of KISS copyrighted a picture of a moneybag. Its also his co. logo know I think.