H&R Block Seeks to Enforce “Peace of Mind” Trademark Against Fast Cash Taxes, LLC

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On March 28, 2014, HRB Innovations, Inc. (“HRBI”) of Las Vegas, Nevada, and HRB Tax Group, Inc. (“HRBTG”) of Kansas City, Missouri, filed a complaint against Fast Cash Taxes, LLC (“FCT”) of Doraville, Georgia and Gregory A. Solsrud of Atlanta, Georgia for alleged infringement of their federally registered “Peace of Mind” trademark under both the Lanham Act and common law.

Both plaintiffs are wholly-owned indirect subsidiaries of H&R Block, Inc. and are part of a family of companies collectively known as “H&R Block” that together make up the largest provider of individual income tax preparation services in the United States. HRBTG operates offices within the State of Georgia at which it provides individual income tax preparation services, and HRBI licenses the “Peace of Mind” trademark (Registration No. 2939919) to HRBTG (and other authorized licensees) for use in Georgia.
Plaintiffs offer an extended service plan using the "Peace of Mind" mark.  According to the complaint, Plaintiffs have used the “Peace of Mind” mark in relation to audit representation, audit assistance, warranties and support services for nearly two decades.  The complaint alleges that Defendants are using a mark – “Peace of Mind” – that is identical to Plaintiffs’ Peace of Mind® trademark to market Defendants’ identical goods and services – competing audit representation and support services – in direct competition with Plaintiffs.  They also allege that Defendants' practices are likely to confuse and deceive customers, causing irreparable injury to H&R Block.

Plaintiffs allege trademark infringement and fraud and are seeking a preliminary and permanent injunction, profits derived from unlawful conduct, treble damages, exemplary and punitive damages, fees, and costs.

The case is HRB Innovations, Inc. et al. v. Fast Cash Taxes, LLC et al., Case no. 1:14-cv-00903-SCJ in the United States District Court for the Northern District of Georgia, Atlanta Division, and is assigned to Judge Steve C. Jones.

 

 


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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