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YOUNKER v. N. MUT. INS. CO.

No. 37522.

175 Ohio St. 1 (1963)

YOUNKER ET AL., APPELLEES AND CROSS-APPELLANTS, v. NATIONWIDE MUTUAL INS. CO. ET AL., APPELLANTS AND CROSS-APPELLEES.

Supreme Court of Ohio.

Decided June 5, 1963.

Attorney(s) appearing for the Case

Mr. Leo W. Kenny, Messrs. Vorys, Sater, Seymour & Pease and Messrs. Schmieding & Fidtz, for appellees and cross-appellants.

Messrs. Mahoney, Miller & Rambo, Mr. J. Roth Crabbe and Mr. Thomas B. Stahl, for appellants and cross-appellees.

GRIFFITH, J.

This case involves a consideration of the law relating to trade names, trademarks and service marks.

A trade name, the broadest of these terms, is descriptive of the identity of the owner of the business. It identifies the source of the product or services, the business itself and need not be affixed to the product, although it may serve to identify not only the business but also the product. Katz Drug Co. v. Katz, 240 Mo. App.,...

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