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Ohio Woman had reclaimed Kia – so it was given revenge by taking the dealer's name. Now they are in court. Who are you on the side

    When Tiah McCreary bought a used Kia K5 from Taylor Kia van Lima, she thought she was driving away in her new ride forever. Instead, the dealer took the car back a month later. That could have been the end of the story.

    But McCreary noticed something that the dealer apparently did not do: Taylor Kia van Lima had not succeeded in renewing the registration for his own company name with the state of Ohio. So she did what every contempt, resourceful customer could dream of: she registered the dealer's name for herself.

    Then she sent the dealer a cease-and-head letter.

    Now a court of appeal with her chooses at least one part of the dispute, and the case goes back to a courtroom of Ohio.

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    How a car purchase turned into a legal saga

    The unusual story of McCreary started in February 2024, when she visited Taylor Kia van Lima to buy a Kia K5 from 2022, according to the court applications. Like most car buyers, she drew a thick pile of paperwork – including a binding arbitration blause that said that all disputes with regard to the purchase would be handled outside the courtroom.

    She left the lot with a car and a loan approved by Global Lending Services for the time being.

    But that loan approval did not stick. The lender later decided that McCreary's income information was not sufficient, and the dealer took the Kia back while she was working.

    For many people that would end the nightmare, with a taken car and a bruised credit report. But McCreary began to investigate legal options and came across a Golden Nugget: Taylor Kia van Lima had abandoned the registration of the trade name with the State Secretary of Ohio.

    She presented the name herself.

    Then she took the next step: suing the dealer and her parent company for fraud, unjust enrichment and violations of the Consumer Sales Practices Act by Ohio. Moreover, she demanded that they stop doing business under the name 'Taylor Kia van Lima', because according to the state registers it was now of her.

    Arbitration, calls and a turn

    In the first instance, the dealer fought back by pointing out the arbitration agreement that McCreary had signed. A lower court agreed with them and threw her lawsuit away and ruled that the dispute should go to arbitration instead of an open court. But the third district court saw it differently. Earlier this month, the court ruled that, although the arbitration blocker dealt with the purchase of cars, it did not apply to the struggle for the dealer's name, because trademark and trade name rights have nothing to do with its loan or the re -declaration.

    “This claim is a separate issue that could be followed independently of the other claims in the complaint,” the court wrote.

    That means that McCreary's revenge-by-paperwork will still get his day in court.

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    Can you take out such a movement?

    Although the McCreary case is unusual, it is a reminder that companies have to keep track of boring paperwork that protects their names, trademarks and reputations. If they don't, opportunists or even angry customers can use.

    But don't expect this to be an easy victory for McCreary. The dealer could state that the long -term use of the name gives the long -term use of the trademark law, even if the registration at state level expires. Legal experts say that courts often prefer companies that can prove a consistent use of a brand in trade.

    Nevertheless, McCreary has scored an upper hand for now and the right to keep Taylor Kia van Lima in legal Limbo.

    What consumers can learn from the revenge of McCreary

    1. Check the paperwork: Whether you buy a car, sign a lease or start a company, always knows exactly what you agree with. Arbitrageclauses can limit your legal options.

    2. Public registers are public for a reason: State Business Dictions are easy to check online. McCreary's discovery just came through her homework.

    3. Reputation is important: for companies, the registrations can open the door for expensive and embarrassing disputes.

    For McCreary the fight is not over, but she has already proven that the pen is sometimes really more powerful than the tow truck.

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    This article only offers information and may not be conceived as advice. It is provided without any form of warranty.