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Defining deceptive trade practices

As a business owner in Cincinnati, you are well aware that the competition to be the best in your space can be cutthroat. That said, neither you or your competitors are permitted to try and openly sabotage each other's efforts. Several clients have come to us here at Gatlin Voelker, PLLC questioning the legality of their competitors' practices. If you have the same question, it is likely because you feel that your business or brand is either being attacked or unjustly taken advantage of. Knowing which business practices are prohibited by law can help guide your decision making in dealing with a ruthless rival organization. 

Some might say that whether or not a business practice is unfair or deceptive is a subjective matter. Fortunately, the law defines exactly what is and is not allowed. Section 4165.02 of Ohio's Revised Code defines deceptive trade practices in the state. Those that may negatively impact your business may include one of your competitors: 

  • Passing of your goods or services as its own
  • Causing confusion as to the source, certification or sponsorship of certain goods or services
  • Wrongly implying an association with your company
  • Falsely claiming to have your company's support or endorsement to offer certain goods or services
  • Disparaging the goods or services your company offers by misrepresenting facts

The law goes on to say that if you can prove that a competitor has engaged in any of the aforementioned practices, you are entitled to seek immediate injunctive relief. You may also initiate a civil action to collect damages to compensate for the losses that said competitor's actions caused your business to suffer. You can learn more about the remedies available to you to stop deceptive trade practices by continuing to explore our site. 

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Gatlin Voelker,PLLC

Gatlin Voelker, PLLC
2500 Chamber Center Dr. Ste. 203
Fort Mitchell, KY 41017

Phone: 859-781-9100
Fax: 888-456-9179
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Call : 859-781-9100