Ohio § 4165.02

§ 4165.02.

(A) A person engages in a deceptive trade practice when, in the course of the person's

business, vocation, or occupation, the person does any of the following: (1) Passes off goods or services as those of another; (2) Causes likelihood of confusion or misunderstanding as to the source, sponsorship,

approval, or certification of goods or services; (3) Causes likelihood of confusion or misunderstanding as to affiliation, connection,

or association with, or certification by, another; (4) Uses deceptive representations or designations of geographic origin in connection

with goods or services; (5) Lists a fictitious business name in a local telephone directory that is published

on or after the effective date of this amendment, in circumstances in which all of

the following apply: (a) The person's fictitious business name is not registered as a trade name with, or

its use as a fictitious name has not been reported to, the secretary of state under sections 1329.01 to 1329.10 of the Revised Code . (b) The person's listed fictitious business name misrepresents the geographic location

of the person, because that name includes a reference to a political subdivision or

another geographic area of this state, the person does not have business premises

in that political subdivision or other geographic area from which the person sells,

leases, rents, or otherwise provides particular goods or services in this state, and

the person's use of that name causes a likelihood of confusion or misunderstanding

by consumers as to the geographic location with which the consumers are dealing in

the purchase, lease, rental, or other provision of, or will be dealing in the resolution

of problems that may arise in connection with, particular goods or services. (c) The local telephone directory listing of the person's fictitious business name does

not identify the political subdivision and, if the person is not located in this state,

the state in which are located the person's business premises with which consumers

are dealing in the purchase, lease, rental, or other provision of, or will be dealing

in the resolution of problems that may arise in connection with, particular goods

or services. (d) Telephone calls to the local telephone number listed for the person's fictitious

business name routinely are forwarded or otherwise transferred to business premises

of the person that are located outside the calling area covered by the local telephone

directory. (6) Lists a fictitious business name in a directory assistance database on or after the

effective date of this amendment, the circumstances described in divisions (A)(5)(a)

and (b) of this section apply regarding the person's listed fictitious business name,

and telephone calls to the local telephone number listed for the person's fictitious

business name routinely are forwarded or otherwise transferred to business premises

of the person that are located outside the local calling area; (7) Represents that goods or services have sponsorship, approval, characteristics, ingredients,

uses, benefits, or quantities that they do not have or that a person has a sponsorship,

approval, status, affiliation, or connection that the person does not have; (8) Represents that goods are original or new if they are deteriorated, altered, reconditioned,

reclaimed, used, or secondhand; (9) Represents that goods or services are of a particular standard, quality, or grade,

or that goods are of a particular style or model, if they are of another; (10) Disparages the goods, services, or business of another by false representation of

fact; (11) Advertises goods or services with intent not to sell them as advertised; (12) Makes false statements of fact concerning the reasons for, existence of, or amounts

of price reductions; (13) Advertises goods or services with intent not to supply reasonably expectable public

demand, unless the advertisement discloses a limitation of quantity. (B) In order to prevail in a civil action under section 4165.03 of the Revised Code that seeks injunctive relief or an award of damages and that is based on one or more

deceptive trade practices listed in division (A) of this section, a complainant need

not prove competition between the parties to the civil action. (C) This section does not affect unfair trade practices that are otherwise actionable

at common law or under other sections of the Revised Code. (D) A telephone company, provider of directory assistance, publisher of a local telephone

directory, or officer, employee, or agent of the company, provider, or publisher shall

not be liable in a civil action under section 4165.03 of the Revised Code for publishing in any directory or directory assistance database the listing of a

fictitious business name of a person who commits a deceptive trade practice that is

listed in division (A) of this section unless the telephone company, provider of directory

assistance, publisher of a local telephone directory, or officer, employee, or agent

of the company, provider, or publisher is the person who committed the deceptive trade

practice listed in division (A) of this section.