In what’s shaping up to be one of the most unconventional legal revenge cases of the year, an Ohio woman who had her car repossessed has successfully flipped the script—by gaining legal control of the dealership’s own business name.
Tiah McCreary, a customer of Taylor Kia of Lima, purchased a used vehicle from the dealership under preliminary loan approval. But weeks later, while she was at work, the car was repossessed—not for missed payments, but because the financing was later denied due to income verification issues.
That’s when McCreary made a bold legal move: upon researching her options, she discovered that Taylor Kia of Lima had failed to renew its business name registration with the Ohio Secretary of State. She promptly registered the name herself and subsequently issued a cease-and-desist order to the dealership, demanding it stop using the name it had operated under since 2012.
The dealership responded by invoking the arbitration clause McCreary had signed as part of her vehicle purchase agreement, arguing that the case should be settled privately, not in court. A lower court agreed and initially dismissed the lawsuit.
But in a recent decision, an Ohio appellate court overturned that ruling, stating that the dispute over the business name is entirely separate from the car purchase. Because McCreary isn’t suing over the vehicle or financing—but instead over trademark rights—the court found that arbitration doesn’t apply.
“The arbitration clause in the purchase agreement does not extend to independent claims regarding business name registration,” the appeals court stated in its decision.
Now, McCreary is officially cleared to sue the dealership in open court, and the legal battle over the right to use “Taylor Kia of Lima” is moving forward.
Legal Analysis
Legal experts say the case underscores the importance of corporate compliance, particularly when it comes to routine filings like business name renewals. While the dealership may argue that the name is protected through common law trademark use or other contractual relationships with Kia Motors, McCreary’s registration gives her a strong legal foothold in the state of Ohio.
The case also highlights how arbitration clauses—commonly used by businesses to avoid costly litigation—can be limited in scope when disputes arise outside the contractual framework.
What’s Next?
Unless the dealership can successfully challenge the registration or negotiate a settlement, it may have to rebrand entirely or pay to reclaim its own name. The case could also set precedent for how consumers leverage public registration systems to assert unexpected legal rights.
For now, McCreary remains the registered owner of the Taylor Kia of Lima name, and the dealership is left fighting not just for a customer—but for its own identity.
