- Steve Miller

H&R Block's people are not American Express' people.

At least that's the contention in a trademark infringement case filed by H&R Block, the tax preparation firm, late last week in the U.S. District Court in the Western District of Missouri.

H&R Block contends that its "My People" campaign, via Campbell Mithun, Minneapolis, has been encroached in a broadcast spot from American Express, via Ogilvy & Mather, New York. The American Express spot began running in April as part of its "Are you a card member?" campaign, and features entertainers Ellen DeGeneres and Beyonce Knowles.

The H&R Block ads joke about how the firm's clients don't have to worry about their taxes because they have "people" to handle them, as well as a number of other everyday tasks. In the disputed American Express ad, DeGeneres searches for her "people" after Knowles encourages her to "have your people call my people" to get tickets to her upcoming concert.

"During the approximately 60-second commercial, 'people' is used . . . 12 times, the concept of having 'people' is used 4 times and 'my people' is used 6 times," the lawsuit says, referring to the American Express spot.

In its filing, H&R Block notes the critical acclaim its multiplatform campaign has received. "Many have gone beyond merely describing the 'My People' campaign, and have actually come to identify the phrase 'I got people' with H&R Block," the lawsuit states. It also claims that H&R Block and its entities have spent "hundreds of millions of dollars on national television, radio, print, Web and direct mail" for "My People."

"It's a highly popular campaign that has really resonated," said H&R Block rep Nancy Mays. "We built the campaign around our greatest strength: Our people."

H&R Block contends that it had contacted American Express in May and voiced its concern, but no action was taken. The lawsuit asks for an injunction to halt the campaign, and also seeks compensatory relief. American Express declined to comment.

American Express spent $509 million on U.S. ads last year, while H&R Block spent $81 million, per Nielsen Monitor-Plus. The figures do not include online spending.