Yocono's Restaurant, Inc. v. Yocono

In Yocono's Restaurant, Inc. v. Yocono (1994), 100 Ohio App.3d 11, 651 N.E.2d 1347, two brothers opened and operated an Italian restaurant called "Yocono's" until one brother, James, bought the other one, Nunzie, out. Five years after leaving the partnership, Nunzie opened a new restaurant, called "Marisa's Cafe Italia" and five years after that, Nunzie's son, who managed Marisa's, changed its name to "Nunzie Yocono's Italian Restaurant." On the new signs, the word "Yocono's" was printed in much larger letters than the other parts of the restaurant's new name. "Yocono's" was also printed on a different color background than the color used as background for the other words that made up the new name. As a result, the most noticeable part of the new name was the word "Yocono's." James sought to enjoin Nunzie from using the family name to operate an Italian restaurant. The trial court granted the injunction and Nunzie appealed. The appellate court affirmed the trial court's decision. It noted that James had advertised "Yocono's" in newspapers and donated food to various organizations as a form of advertising. Over 48,000 people dined there in a three-month period in 1992, which illustrated the volume of sales. The name "Yocono's" had been used in connection with James's restaurant for eighteen years. Finally, customer testimony showed that they associated the Yocono name with that restaurant.