There are few things more American than Uncle Sam. Unless, you include tax preparation and litigation.
JTH Tax Inc., a Virginia Beach, VA-based company doing business as Liberty Tax Service, copyrighted Uncle Sam's image, when used to promote tax preparation services, in December 2008.
That means if you own a tax preparation company, and you use Uncle Sam's likeness in any way, Liberty Tax Service wants you to know you are infringing on their right to do business.
And just like Uncle Sam, who has encouraged men and women to go to war for their country for the past 96 years, Liberty Tax Service is willing to fight, and sue, to keep America's icon all to themselves.
Fernando Meija found this out the hard way.
Meija, who owns Tax America, a small company in Port Richey, FL, received a letter Jan. 18, 2012 from Liberty Tax informing him that he could no longer use an inflatable Uncle Sam in front of his business. The packet even included a photo of the inflatable character outside Meija's store.
The strongly worded letter informed Meija that, if he refused to take down the inflatable Uncle Sam, Liberty Tax could be entitled to recover any profits Meija received from his customers, as well as damages and legal fees.
He has fought for the opportunity to make a better life for himself and his family, working hard to establish himself as a small business owner so he too could provide employment to others.
It made sense that he chose an image that signifies our great nation to garner trust with his customers, and to represent the culmination of his dream.
Little did he know that America's symbol was not available to be used by anyone but Liberty Tax.
"It's ridiculous that they would threaten me with a lawsuit because they don't want others to have the same chance at success," Meija said. "That's what America was founded on, the belief that everyone should have an opportunity."
Liberty Tax Service has more than 70 locations covering more than 75 miles, from Crystal River south to Port Charlotte and stretching east to Orlando, according to an Internet search.
He doesn't understand how his Tax America store poses a threat to Liberty Tax, or why a new customer might confuse his shop with theirs just because of Uncle Sam.
"I can't believe they are the only ones allowed to use this image of freedom to market their business."
But, according to the letter that Meija received, "use of an Uncle Sam character substantially similar to Liberty's Uncle Sam costume constitutes trademark infringement."
And, according to Liberty's registration with the United States Patent and Trademark Office, that costume includes "(1) a top hat with vertical stripes, brim, and a band with large stars; (2) a double-breasted tuxedo tails jacket with Oversized buttons and striped lapels; and (3) vertically striped pants."
This isn't the first time Liberty Tax Service has resorted to threats and litigation, regardless of where a would-be competition was based.
The company boasted in its letter to Meija about being awarded a temporary restraining order and preliminary injunction against Uncle Sam's Taxes, a New York corporation, in March 2010, blocking them from "competing, directly or indirectly" with Liberty Tax Service.
Uncle Sam has only been an American fixture since 1813 when the United States got its nickname courtesy of Samuel Wilson, a meat packer from Troy, NY, whose food was referred to by soldiers as belonging to "Uncle Sam."
In the late 1860s, Thomas Nast, a political cartoonist credited with originating the donkey and elephant as symbols of the Democratic and Republican parties, turned Uncle Sam into a popular character. And in 1916, the image of Uncle Sam that is so ingrained in our collective consciousness, was first used on a recruiting poster by the U.S. Army.
Uncle Sam might still want you to enlist to defend your country, but Liberty Tax doesn't want you using him to help win new clients who need help with their taxes.
Even if you're a small business owner trying to survive during a severe economic downturn when most families are struggling to pay the bills, feed their loved ones and make a living.
What's next?
Moms and apple pie, beware.
Written by Roy Kirchner
For more information contact Fernando Meija at 727-277-2999 or by e-mail fernandom@mytaxamerica.com
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