Countywide Heating & Cooling, Inc. v. Horton

Plaintiff-appellant, Countywide Heating and Cooling, Inc., appeals the trial court judgment finding that William C. Horton, d.b.a. Countywide Heating & Cooling, has a legally protected interest in the trade name “Countywide Heating & Cooling” and permanently enjoining appellant from using said name. We reverse.

Facts

Appellee is a sole proprietorship which installs and services heating and air conditioning equipment under the name “Countywide Heating & Cooling.” Ap-pellee commenced his operation in May 1976. Appellant is an Ohio corporation established March 15,1979, to install and service…