Effective: March 23, 2018
Latest Legislation: House Bill 199 - 132nd General Assembly
(A) As used in this section, "financial institution" means any bank, savings and loan association, savings bank, or credit union; any affiliate or subsidiary of a bank, savings and loan association, savings bank, or credit union; any registrant as defined in section 1321.51 of the Revised Code ; or any person registered as a mortgage lender under Chapter 1322. of the Revised Code.
(B) Any financial institution may proceed by suit to enjoin the use of the financial institution's name or logo in connection with the sale, offering for sale, distribution, or advertising of any product or service without the express written consent of the financial institution, if such use is misleading or deceptive as to the source of origin or sponsorship of, or the affiliation with, the product or service. Any court of competent jurisdiction may grant injunctions to restrain such use as the court considers just and reasonable and may require the defendants to pay to the financial institution all profits derived from and all damages suffered by reason of the wrongful use of the name or logo.
(C) Notwithstanding division (B) of this section, the only remedies that are available for the wrongful use of a financial institution's name or logo by a registrant or licensee under C hapter 1322. of the Revised Code are those set forth in section 1322.50 of the Revised Code or otherwise provided by statute or common law.
(D) The provisions of this section are not intended to be exclusive remedies and do not preclude the use of any other remedy provided by law.
Structure Ohio Revised Code
Title 13 | Commercial Transactions
Chapter 1329 | Labels and Marks
Section 1329.02 | Restrictions Against Filing.
Section 1329.03 | Acceptance of Document for Filing - Copy.
Section 1329.04 | Effective Term of Registration or Report - Renewal Notice.
Section 1329.06 | Name to Be Assignable.
Section 1329.07 | Change of Business Address.
Section 1329.08 | Cancellation of Registration by Secretary of State.
Section 1329.09 | Records to Be Kept for Public Examination.
Section 1329.10 | Injunction - Actions by and Against User of Trade Name or Fictitious Name.
Section 1329.26 | Manufacture or Sale of Goods Marked Sterling or Sterling Silver.
Section 1329.27 | Manufacture or Sale of Goods Improperly Marked Coin or Coin Silver.
Section 1329.29 | Misrepresentation in Sale of Kosher Foods.
Section 1329.30 | Labeling of Binding Twine.
Section 1329.31 | Prisoner-Made Goods to Be Branded, Labeled, or Marked.
Section 1329.32 | Requirements for Brand, Label or Mark.
Section 1329.33 | Prohibited Acts.
Section 1329.41 | Filing Trade Names, Marks and Devices Definitions.
Section 1329.421 | Filing Change of Address With Secretary of State.
Section 1329.43 | Acceptance of Document for Filing - Certified Copy as Evidence.
Section 1329.45 | Certificate of Filing and Benefits to Be Assignable.
Section 1329.46 | Record of Names, Marks or Devices Filed Kept for Public Examination.
Section 1329.47 | Cancellation of Registration.
Section 1329.48 | Requiring, Taking, Paying or Accepting of Deposit Not Deemed a Sale.
Section 1329.49 | Filling or Re-Filling of Receptacle - Removal of Identity.
Section 1329.50 | Possession by Junk or Secondhand Dealer as Presumptive Evidence of Violation.
Section 1329.501 | Laundering Articles Labeled With Trade Name or Mark of Owner.
Section 1329.52 | Enforcement of Rights and Remedies Under Any Other Statute Not Affected.
Section 1329.53 | No Pending Suit, Proceeding or Appeal to Abate or Be Affected.
Section 1329.54 | Registration of Trademarks, Service Marks Definitions.
Section 1329.55 | Limitations on Trademark or Service Mark Registration.
Section 1329.56 | Application for Registration.
Section 1329.57 | Certificate of Registration.
Section 1329.58 | Term Registration Effective - Renewal Application.
Section 1329.60 | Assignment of Trademark or Service Mark and Registration.
Section 1329.601 | Filing Change of Address With Secretary of State.
Section 1329.61 | Public Record of Registrations and Renewals.
Section 1329.62 | Cancellation of Registration.
Section 1329.63 | Classification of Goods or Services.
Section 1329.64 | Fraudulent Filing or Registration - Damages.
Section 1329.65 | Civil Action for Unauthorized Use or Reproduction.
Section 1329.66 | Rights and Remedies.
Section 1329.67 | Rights at Common Law.
Section 1329.71 | Suit by Financial Institution to Enjoin Use of Name or Logo - Remedies.