Friedman Transfer & Construction Co., Inc. v. Friedman

In Friedman Transfer & Construction Co., Inc. v. Friedman (1956), 76 Ohio L. Abs. 486, 146 N.E.2d 886, a business owner had established a hauling and trucking business named "Friedman Transfer & Construction." A man named Arrel Friedman wanted to start his own hauling and trucking company and named it "Arrel Friedman Transfer & Storage." The plaintiffs successfully enjoined Arrel Friedman's use of the Friedman name in this way and this court affirmed that decision, noting that courts will not normally enjoin all use of a surname, but will enjoin such use if the use of a surname will deceive the public into thinking that the new business is the established business. The court did not disallow Arrel Friedman from using his name; it merely enjoined him from using the name "Friedman" in conjunction with the words "transfer," "hauling," "cartage," or "construction."