![]() The majority found that the lower court “committed clear error” in evaluating two of six different legal factors used to evaluate the likelihood that consumers would confuse the two brands. appealed the order, telling a three-judge panel that forcing it to change its name again would cause irreparable damage. ![]() Cash App’s green square branding is also confusingly similar to H&R Block’s green square logo, she noted.īlock Inc. The 67-year-old H&R Block was likely to succeed on its claims that Block Inc.'s new name would confuse consumers based on a six factor legal test, District Judge Nanette K. can’t communicate through advertising, press releases, or social media that it’s connected to Cash App Taxes. didn’t immediately return a request for comment.Ī federal district judge in Kansas City, Mo., granted H&R Block’s motion for an injunction in April, ruling that Block Inc. The company operates multiple financial services products, and entered the tax preparation industry when it acquired Credit Karma Tax, which it renamed as Cash App Taxes. CEO Jack Dorsey, was sued for trademark infringement in late 2021. “We remain confident in the strength of our brand and trademark rights and are evaluating next steps.”īlock Inc., founded by former Twitter Inc. “We are disappointed in the ruling and believe the dissenting judge was correct in his assessment of the appeal,” H&R Block said in a statement to Bloomberg Law. Melloy dissented, finding that the lower court didn’t abuse its discretion by granting the injunction against Block Inc. They found that H&R Block needed more than just social media posts and media articles as evidence of actual consumer confusion over the two brands.Ĭircuit Judge Michael J. H&R Block was unable to show that Block Inc.'s name change would cause “substantial consumer confusion,” so an injunction at this early stage of the case isn’t warranted, Circuit Judge Ralph R. The ruling comes in a battle following Block Inc.'s 2021 “rebrand” from Square, offering guidance to practitioners seeking to secure early court orders blocking trademark use during legal disputes. can continue using its name in connection with its tax preparation services after a split Eighth Circuit reversed a trademark injunction won by H&R Block Inc.
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