Walmart Involved in Trademark Tangle

If you are in line for a refund this tax season, Wal-Mart Stores Inc. thinks that should be a happy time.

A tax preparation company based in Florida, however, has taken issue with that. It can be an ecstatic, jovial or blissful time. But not a happy time, they contend.

Miami Beach-based Happy Tax Franchise LLC has filed a lawsuit in New York federal court against the Bentonville-based retailer, saying that Walmart’s “Happy Tax Refundays” promotion — which allows customers to have their taxes prepared at Walmart, then spend the refund at the store — violates the company’s trademark.

Happy Tax, which targets primarily early filers who are likely to receive a refund, has 35 franchises in 15 states, and has had its name registered with the U.S. Patent and Trademark Office since April 2015.

Besides the claims of federal trademark infringement and unfair competition, the suit says Walmart’s inferior level of tax services will reflect poorly on Happy Tax.

“Notwithstanding the similarity of tax preparation services and the fact that Happy Tax and defendant target the same consumers, Happy Tax and defendant provide entirely different levels of service,” the complaint states. “Among other things, Happy Tax users are treated to tax returns prepared by CPAs and a personalized experience with a Happy Tax franchisee committed to service.

“By contrast, it is likely that Walmart customers will not receive a personalized experience, will not have their return prepared by licensed CPAs and will not experience the level of service that the Happy Tax brand is built upon.”

Walmart spokesman Randy Hargrove told Whispers that the company respects the intellectual property rights of others, and takes the allegations seriously.

“We are looking into the matter and will respond appropriately with the court,” he said.

When it’s all said and done, a quick gander through a thesaurus might be the way to go for the retail giant. Our suggestions: Gleeful Tax, Cheerful Tax or Tickled Pink Tax.