Secretary of State Mark Martin's office denied the request in a Dec. 4 letter that cited several problems with the application, including failure to comply with trademark law and a lack of specifics on how the pole would be anchored
The Office reserves the right to review entirely a new application, and further reserves the right to amend this letter should additional issues be identified prior to the delivery of a letter approving the Temporary Display requested.
A new application should address these issues, and specifically include proof of having a registered agent within the State of Arkansas on the appropriate basis (based upon at least one of the three statutes cited above). Any new application should also include a completed form, substantially similar to the form included herein, consenting to venue, personal jurisdiction, and the application of Arkansas substantive law to the Temporary Display, associated application and Sponsor's Statement. Any new application should also address the issues of potential trademark problems and potential trade dress problems, such as showing proof of licensing from the federal trademark holder for "Festivus Pole,"®, including the federal trademark symbol as part of the application (if applicant is authorized to do so by the trademark holder) or otherwise addressing those issues. Most importantly, the application must include a complete description of the method of assuring the safety of the Temporary Display and those who may visit (both in person and in vehicle) the Temporary Display, given its location on the Capitol Grounds.