Tax Prep Co. Sues Wal-Mart Over 'Happy Tax' Promotion

Law360, New York (February 22, 2016, 2:55 PM EST) -- A tax preparation firm called Happy Tax Franchise LLC hit Wal-Mart Stores Inc. with a trademark infringement lawsuit in New York federal court on Friday over a “Happy Tax Refundays” promotion that the retail giant launched last month.

Happy Tax, which says it has 35 franchises in 15 states, claims that Wal-Mart is violating its trademark rights with the "Refundays" promotion — a service that allows consumers to prepare their taxes at Wal-Mart and then easily spend their refund at the store.

“Wal-Mart willfully and intentionally seeks to benefit from the goodwill associated with the Happy Tax marks and to unfairly capitalize...

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