A pole war is threatening to ruin Festivus.
Three manufacturers of the holiday decoration invented in a 1997 “Seinfeld” episode are in a battle over who deserves the right to trademark the name “Festivus pole.” On Dec. 26, 2005, Mountainmen Enterprises of Belle Vernon, Pa., applied to trademark the term for its metal holiday ornaments.
Nine months later, the Wagner Companies of Milwaukee, Wis., filed a counterclaim, saying it had been selling Festivus poles well before then.
Enter TheFestivusPole.com of Arlington, Va., which says its online business pre-dates Wagner’s.
Three weeks ago, after Mountainmen failed to respond, the Patent and Trademark Office ruled for Wagner, though Mountainmen has until Jan. 6 to appeal.
Ironically, the “airing of grievances” is central to the holiday, touted by Jerry Stiller’s Frank Costanza as “Festivus for the rest of us.”