When Tiah McCreary bought a used Kia K5 from Taylor Kia of Lima, she thought she was driving away in her new ride for good. Instead, the dealership repossessed the car just a month later. That could have been the end of the story.
But McCreary noticed something the dealer apparently didn’t: Taylor Kia of Lima had failed to renew the registration for its own business name with the state of Ohio. So she did what any scorned, resourceful customer might dream of doing: she registered the dealership’s name for herself.
Then, she sent the dealer a cease-and-desist letter.
Now, an appeals court is siding with her on at least one part of the dispute, and the case is headed back to an Ohio courtroom.
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How a car purchase turned into a legal saga
McCreary’s unusual story began in February 2024, when she visited Taylor Kia of Lima to buy a 2022 Kia K5, according to court filings. Like most car buyers, she signed a thick stack of paperwork — including a binding arbitration clause that said any disputes related to the purchase would be handled outside the courtroom.
She left the lot with a car and a loan provisionally approved by Global Lending Services.
But that loan approval didn’t stick. The lender later decided McCreary’s income information wasn’t sufficient, and the dealership repossessed the Kia while she was at work.
For many people, that’s where the nightmare would end, with a repossessed car and a bruised credit report. But McCreary started looking into legal options and stumbled on a golden nugget: Taylor Kia of Lima had let its trade name registration lapse with the Ohio Secretary of State.
She filed for the name herself.
Then, she took the next step: suing the dealership and its parent company for fraud, unjust enrichment, and violations of Ohio’s Consumer Sales Practices Act. On top of that, she demanded they stop doing business under the name “Taylor Kia of Lima,” because according to state records, it now belonged to her.
Arbitration, appeals and a twist
At first, the dealership fought back by pointing to the arbitration agreement McCreary had signed. A lower court agreed with them and tossed her lawsuit, ruling the dispute should go to arbitration instead of open court. But the Third District Court of Appeals saw it differently. Earlier this month, the court ruled that while the arbitration clause covered the car purchase, it didn’t apply to the fight over the dealership’s name, because trademark and trade-name rights have nothing to do with her loan or the repossession.
“This claim is a separate matter that could be pursued independently of the other claims in the complaint,” the court wrote.
That means McCreary’s revenge-by-paperwork will get its day in court after all.
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Could you pull off a move like this?
While McCreary’s case is unusual, it’s a reminder that businesses have to keep up with the boring paperwork that protects their names, trademarks, and reputations. If they don’t, opportunists, or even angry customers, might step in.
But don’t expect this to be an easy win for McCreary. The dealership could argue that its long-standing use of the name gives it priority under trademark law, even if the state-level registration lapsed. Legal experts say courts often favor businesses that can prove consistent use of a brand in commerce.
Still, for now, McCreary has scored an upper hand, and the right to keep Taylor Kia of Lima in legal limbo.
What consumers can learn from McCreary’s revenge
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Check the paperwork: Whether you’re buying a car, signing a lease, or starting a business, always know exactly what you’re agreeing to. Arbitration clauses can limit your legal options.
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Public records are public for a reason: State business filings are easy to check online. McCreary’s discovery came simply from doing her homework.
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Reputation matters: For businesses, letting registrations lapse can open the door to costly and embarrassing disputes.
For McCreary, the fight isn’t over, but she’s already proved that sometimes, the pen really is mightier than the tow truck.
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This article provides information only and should not be construed as advice. It is provided without warranty of any kind.
