2006 Ohio Revised Code - 1329.10. Injunction; actions by and against user of trade name or fictitious name.

§ 1329.10. Injunction; actions by and against user of trade name or fictitious name.
 

(A)  The attorney general, upon the request of the secretary of state, shall bring an action for an injunction against any person who violates section 1329.01 or 1329.07 of the Revised Code, and who, after proper notification by the secretary of state, refuses or fails to comply with such section. 

(B)  No person doing business under a trade name or fictitious name shall commence or maintain an action in the trade name or fictitious name in any court in this state or on account of any contracts made or transactions had in the trade name or fictitious name until it has first complied with section 1329.01 of the Revised Code and, if the person is a partnership, it has complied with section 1777.02 of the Revised Code, but upon compliance, such an action may be commenced or maintained on any contracts and transactions entered into prior to compliance. 

(C)  An action may be commenced or maintained against the user of a trade name or fictitious name whether or not the name has been registered or reported in compliance with section 1329.01 of the Revised Code. 
 

HISTORY: 127 v 222 (Eff 10-1-57); 137 v H 296 (Eff 11-24-77); 137 v H 297. Eff 10-20-78.
 

Not analogous to former RC § 1329.10 (GC § 6240-7; 109 v 582(583), § 3; Bureau of Code Revision, 10-1-53), repealed 125 v 477, § 2, eff 10-1-54.