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Published: Saturday, 11/10/2001

Court allows hearing for pet shelter

The 6th District Court of Appeals yesterday ruled that the owners of a Toledo animal shelter were entitled to have a hearing in a dispute against Patti Rood over the use of “Lend-A-Paw” as the name of the shelter.

The ruling stems from a lawsuit filed in October, 1999, by the former Lend-A-Paw Feline Shelter, Inc., 38 Hillwyck Dr., in Lucas County Common Pleas Court against Patti Rood and Lend-A-Paw Foundation of Greater Toledo.

The shelter on Hillwyck, now known as Paws and Whiskers Cat Shelter, Inc., asked the court for a temporary restraining order to keep the foundation from using the name “Lend-A-Paw” or the shelter's trademark.

Ms. Rood founded the shelter for abandoned and stray cats and kittens in 1992, and in 1996, incorporated it. She was voted out as president in December, 1997, by the shelter's board, of which she remained a member.

In April, 1998, she incorporated Lend-A-Paw Foundation of Greater Toledo to raise funds for animal welfare organizations.

Judge Charles Doneghy granted a permanent injunction against the feline shelter in January, ruling that Ms. Rood could maintain the name because she had developed and first used the Lend-A-Paw name and the original logo.

The judge ordered that the shelter on Hillwyck could not use the moniker in its name, prompting the change in March to Paws and Whiskers Cat Shelter.

However, the appeals court ruled that a hearing should have been held on Ms. Rood's motion for the permanent injunction.

Dave Plunkett, manager of Paws and Whiskers Cat Shelter, said he was elated with the court's decision, even though the organization had expenses related to the name change.



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