Oklahoma § 78-53 - Acts constituting deceptive trade practices - Prima facie

§ 78-53. Acts constituting deceptive trade practices - Prima facie

evidence of intent to injure competitors.

A. A person engages in a deceptive trade practice when in the

course of business, vocation, or occupation, the person:

1. Passes off goods or services as those of another;

2. Knowingly makes a false representation as to the source,

sponsorship, approval, or certification of goods or services;

3. Knowingly makes a false representation as to affiliation,

connection, association with, or certification by another;

4. Uses deceptive representations or designations of geographic

origin in connection with goods or services;

5. Knowingly makes a false representation as to the

characteristics, ingredients, uses, benefits or quantities of goods

or services or a false representation as to the sponsorship,

approval, status, affiliation, or connection of a person therewith;

6. Represents that goods are original or new if they are not;

7. Represents that goods or services are a particular standard,

quality, or grade, or that goods are a particular style or model, if

they are another;

8. Disparages the goods, services, or business of another by

false or misleading representation of fact;

9. Advertises goods or services which differ from those offered

for sale in the advertisements;

10. Advertises goods or services with intent not to supply

reasonably expectable public demand, unless the advertisement

discloses a limitation of quantity;

11. Makes false or misleading statements of fact concerning the

reasons for, existence of, or amounts of price reductions;

Oklahoma Statutes - Title 78. Trade Marks and Labels

12. Advertises the price of an item after deduction of a rebate

unless the actual selling price is advertised and clear and

conspicuous notice is given in the advertisement that a mail-in

rebate is required to achieve the lower net price;

13. Misrepresents the geographic location of the supplier by

listing a fictitious business name or an assumed business name in a

local telephone directory if:

a.

the name misrepresents the geographic location of the

supplier,

b.

the listing fails to identify the locality and state

of the business of the supplier,

c.

calls to the local telephone number are routinely

forwarded or otherwise transferred to a business

location that is outside the calling area covered by

the local telephone directory, or

d.

the business location of the supplier is located in a

county that is not contiguous to a county in the

calling area covered by the local telephone directory;

14. Lists a fictitious business name or assumed business name

in a directory assistance database if:

a.

the name misrepresents the geographic location of the

supplier,

b.

calls to the local telephone number are routinely

forwarded or otherwise transferred to a business

location that is outside the local calling area, or

c.

the business location of the supplier is located in a

county that is not contiguous to a county in the local

calling area; or

15. Violates any provision of the Revised Uniform Athlete

Agents Act.

B. Evidence that a person has engaged in a deceptive trade

practice shall be prima facie evidence of intent to injure

competitors and to destroy or substantially lessen competition.

C. The deceptive trade practices listed in this section are in

addition to and do not limit the types of unfair trade practices

actionable at common law or under other statutes of this state.

Added by Laws 1965, c. 234, § 3. Amended by Laws 1997, c. 139, § 1,

eff. Nov. 1, 1997; Laws 1998, c. 162, § 2, eff. July 1, 1998; Laws

2004, c. 169, § 3, emerg. eff. April 27, 2004; Laws 2021, c. 559, §

26, emerg. eff. May 28, 2021.