An Ohio woman who lost her new Kia to repossession is now locked in a legal fight over a dealership’s name…because she decided to register it under her own.

In February 2024, Tiah McCreary visited Taylor Kia of Lima, a dealership operated by Taylor Cadillac and the Taylor Automotive Group

She agreed to buy a 2022 Kia K5 and signed several documents, some digitally. She had the help of finance manager Justin Nance. One of those was an arbitration agreement.

Financing came through Global Lending Services (GLS), which initially pre-approved her loan. She drove off the lot the same day.

But a few weeks later, GLS backed out

According to court records shared by Court News Ohio, GLS said they couldn’t finalize the deal due to missing information. 

With no confirmed financing, the dealership repossessed the Kia a month later. It happened while McCreary was at work.

This is a common risk in spot delivery or “yo-yo” sales

Dealers let customers drive off before financing is fully complete, then cancel the deal if the lender backs out. 

Under Ohio law, if financing falls through and the buyer can’t meet alternative terms, the dealer can legally unwind the deal and reclaim the vehicle.

Whether this process was clearly disclosed or fairly handled is now part of McCreary’s lawsuit.

While researching her legal options, McCreary noticed something unusual: the dealership’s trade name, Taylor Kia of Lima, had been canceled by the Ohio Secretary of State due to a missed renewal

So she registered it herself.

She then sent a cease-and-desist letter to the dealership, claiming rights to the name.

In June 2024, McCreary sued Taylor Cadillac and GLS, accusing them of fraud, unjust enrichment, and violations of the Consumer Sales Practices Act.

She also asked the court to block the dealership from using the Taylor Kia of Lima name without her permission.

The dealership argued that because McCreary signed an arbitration agreement, the whole case should be settled privately. A local court agreed. But McCreary appealed.

Now the Third District Court of Appeals has ruled that while McCreary did agree to arbitrate disputes tied to the Kia sale, the fight over naming rights isn’t one of them

The court said the use of the Taylor Kia name didn’t directly arise from the purchase of the vehicle, and so it belongs in court, not arbitration.

Still, McCreary’s control over the dealership name might not last. Trademark law generally protects businesses that continuously use a brand, even if they let a state registration lapse. If Taylor can prove prior use, they might win it back.

The trial court will now decide whether she can keep the Kia dealer’s name…or just borrowed it for a while. Sort of like the K5…