Younker v. Nationwide Mut. Ins. Co

In Younker v. Nationwide Mut. Ins. Co. (1963), 175 Ohio St. 1, 191 N.E.2d 145, Younker used the word "securance" in connection with the sale of insurance services and his customers began to associate that word with the unique services he provided. Afterward, Nationwide wanted to use that word in its advertising and filed an application in the United States Patent Office to register the word as a service mark. Younker then instituted an action to enjoin Nationwide from using that term. The Ohio Supreme Court held that "one who adopts and uses a name in connection with his business or products acquires the right to the use thereof over one who subsequently registers such name or mark." Id. at 7.