Ohio women take back Kia – so take revenge in the name of the dealer. Now they are in court. Who is by your side

When Tiah McCreary bought a used Kia K5 from Taylor Kia in Lima, she thought she was driving forever on her new ride. Instead, the dealer took back the car just one month later. That might be the end of the story.

But McCreary noticed something that the dealer obviously didn’t have: Taylor Kia of Lima failed to renew her own business name in Ohio. So she does anything that a contemptuous, resourceful client might dream of doing: she registers herself with the dealer’s name.

Then, she sent a stop letter to the dealer.

Now that the Court of Appeals is with her at least part of the dispute, the case returns to court in Ohio.

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How to buy a car becomes a legitimate legend

McCreary’s unusual story began in February 2024 when she visited Taylor Kia in Lima to purchase the 2022 Kia K5, according to court documents. Like most car buyers, she signed a bunch of paperwork, including binding arbitration clauses that say any disputes related to the purchase will be handled outside court.

She left behind a car and a temporary approved loan for Global Loan Services.

But the loan approval was not insisted on. The lender later believed that McCreary’s revenue information was not enough, and the dealer took back Kia while at work.

For many, this is where the nightmare will end and with recovered cars and injured credit reports. But McCreary began to study legal choices and stumbled upon a nugget: Taylor Kia of Lima made the Ohio Secretary of State registration invalidate the Ohio Secretary of State’s trademark name.

She applied for the name herself.

She then took the next step: suing the dealer and its parent company for fraud, injustice and violations of Ohio’s consumer sales practice laws. Most importantly, she asked them to stop doing business under the name of “Taylor Kia of Lima” because according to national records, it now belongs to her.

Arbitration, Appeals and Transformations

At first, the dealer pointed to the arbitration agreement signed by McCreary to fight back. The lower court agreed with them and abandoned her lawsuit, ruling that the dispute should be arbitrated rather than open to the court. But the Third District Court of Appeals made a difference. Earlier this month, the court ruled that while the arbitration clause covered the purchase of a car, it did not apply to the fight for dealer names because the rights to trademarks and trade names were not related to her loan or retrieval.

“This is a separate matter and can be filed independently of other claims in the complaint,” the court wrote.

This means McCreary’s successive revenge will spend a day in court after all.

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Can you do this?

While McCreary’s case is unusual, it reminds people that businesses must keep up with the boring paperwork that protects their name, trademark and reputation. If they don’t, opportunists, or even angry clients, may step in.

But don’t expect this to be an easy win for McCreary. The dealer may argue that even if the state-level registration has been passed, it prioritizes the name for long-term use. Legal experts say courts will often like businesses that can prove that brands are used continuously in business.

Still, McCreary has scored a huge goal for the moment and has the right to keep Lima’s Taylor Kia legally.

What consumers can learn from McCreary’s Revenge

1. Check paperwork: Whether you are buying a car, signing a rental or starting a business, always know exactly what you agree to. Arbitration clauses can limit your legal choices.

2. Public records are public because: state business applications are easy to check online. McCreary’s discovery comes from doing homework only.

3. Reputation matters: For businesses, allowing registration mistakes can open the door to expensive and embarrassing controversy.

For McCreary, the battle isn’t over yet, but she’s proven that sometimes, pens are indeed more powerful than trailers.

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This article provides information only and should not be construed as advice. It is without any warranty of any kind.