State Challenges Designer’s Claim to ‘Montana’

Who owns Montana? Not a French designer by the same name, says the state.

Montana’s governor has challenged designer Claude Montana’s claim of exclusive rights to use “Montana” on a variety of goods, including cologne, shoes, gowns and jeans.

“It’s egregious for someone in France to try to copyright our state’s name,” said Peter Blouke, state commerce director. “I don’t think it’s right, and I don’t think it’s fair.”

The issue arose last fall, when Tom and Ann Dooling of Dillon, Mont., tried to register a trademark for the name of their clothing business, “Montana Knits.”

A New York law firm that represents Claude Montana objected, saying the designer has sole right to use the name Montana on a variety of goods.

Montana (the state) begs to differ.

“I am seriously concerned about this situation and, on behalf of the Montana businesses and citizens who call Montana home, challenge the right of any individual or business to claim exclusivity of the name ‘Montana’ for any product or service,” Gov. Marc Racicot wrote in a letter to the U.S. Commerce Department.

Racicot has asked Commerce to rule that no one can restrict use of a generic word that refers to a geographic location.

He complained in his letter that the exclusivity claim of Claude Montana could affect an estimated 1,170 Montana businesses that use the state name to identify themselves or their products.

Racicot also noted that the state uses the “Made in Montana” brand to market products manufactured in the state.

Tom Dooling was pleased to get the support of his home state.

“It substantiates our position very strongly,” he said.