DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
222075P.pdf 01/24/2023 H&R Block, Inc. v. Block, Inc.
U.S. Court of Appeals Case No: 22-2075
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Erickson, Author, with Gruender and Melloy, Circuit Judges]
Civil case - Trademarks. In determining whether the district court erred
in granting plaintiff a preliminary injunction prohibiting defendant from
using the word "Block" and a logo in connection with certain tax apps, the
court reviews the likelihood of success of plaintiff's claims that
defendant infringed on its marks. On this record, plaintiff has failed to
show a likelihood of success on the merits of its trademark claims,
especially on the issue of likelihood of confusion; without a showing of
likelihood of confusion, plaintiff is not entitled to a rebuttable
presumption of irreparable harm, and the evidence does not support a
finding that plaintiff will suffer irreparable harm absent a preliminary
injunction; the court erred in granting plaintiff preliminary injunctive
relief. Judge Melloy, dissenting.