Ohio Revised Code

Ohio Rev. Code § 4165.01 (2026)

Deceptive trade practices definitions

✓ current as of May 2026
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As used in this chapter, unless the context otherwise requires:

(A) "Certification mark" means a mark used in connection with the goods or services of a person other than the certifier to indicate geographic origin, material, mode of manufacture, quality, accuracy, or other characteristics of the goods or services or to indicate that the work or labor on the goods or services was performed by members of a union or other organization.

(B) "Collective mark" means a mark used by members of a cooperative, association, or other collective group or organization to identify goods or services and distinguish them from those of others, or to indicate membership in the collective group or organization.

(C) "Mark" means a word, name, symbol, device, or combination of a word, name, symbol, or device in any form or arrangement.

(D) "Person" means an individual, corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership, unincorporated association, limited liability company, two or more of any of the foregoing having a joint or common interest, or any other legal or commercial entity.

(E) "Service mark" means a mark used by a person to identify services and to distinguish them from the services of others.

(F) "Trademark" means a mark used by a person to identify goods and to distinguish them from the goods of others.

(G) "Trade name" means a word, name, symbol, device, or combination of a word, name, symbol, or device in any form or arrangement used by a person to identify the person's business, vocation, or occupation and distinguish it from the business, vocation, or occupation of others.

(H) "Directory assistance" means the disclosure by an operator or an automated service, upon request by an individual and that individual's identification of a telephone service subscriber in some manner, of telephone number information pertaining to the identified telephone service subscriber.

(I) "Local telephone directory" means a telephone classified advertising directory, or the business section of a telephone directory, that is distributed by a telephone company or a directory publisher to subscribers who are located in one or more local exchanges covered by the directory. "Local telephone directory" includes a telephone classified advertising directory, or the business section of a telephone directory, that includes listings of more than one telephone company.

(J) "Local telephone number" means a telephone number that has a three-number prefix that is used by a telephone company in connection with telephones that are physically located within an area covered by a local telephone directory in which the telephone number is listed. "Local telephone number" does not include long distance telephone numbers that are listed as long distance telephone numbers in a local telephone directory, or 800-, 888-, or 900- telephone numbers that are listed in a local telephone directory.

(K) "Telephone company" has the same meaning as in section 4905.402 of the Revised Code.

Notes of Decisions
Cited in 87 cases (25 in the last 5 years), 1982–2026 · leading case: Bower v. Int'l Bus. MacHines, Inc., 495 F. Supp. 2d 837 (S.D. Ohio 2007).
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Bower v. Int'l Bus. MacHines, Inc., 495 F. Supp. 2d 837 (S.D. Ohio 2007). · cites it 12× “(the “CSPA”) (Count One); (2) violation of the Ohio Deceptive Trade Practices Act, Ohio Rev. Code Ann. §§ 4165.01 et seq. (the “DTPA”) (Count Two); and (3) unjust enrichment (Count Three).”
Robins v. Global Fitness Holdings, LLC, 838 F. Supp. 2d 631 (N.D. Ohio 2012). · cites it 8× “Furthermore, the contracts contained, nearly verbatim, the statutory language for three-day cancellations and cancellations due to death, disability and relocation — the only cancellation provisions required under the OPECA. Accordingly, Counts Four and Five are dismissed with…”
McKinney v. Bayer Corp., 744 F. Supp. 2d 733 (N.D. Ohio 2010). · cites it 8× “The Court denies the Motion as to Counts II, III, and as to McKinney’s individual claim under the OCSPA, but will certify to the Ohio Supreme Court the question of whether a consumer has standing under the Ohio De *738 ceptive Trade Practices Act, O.R.C. § 4165.01, et seq. I.…”
Gascho v. Global Fitness Holdings, LLC, 863 F. Supp. 2d 677 (S.D. Ohio 2012). · cites it 7× “The First Amended Complaint asserted four causes of action, including claims under the Ohio Consumer Sales Practices Act, the Ohio Prepaid Entertainment Con *684 tract Act, the Ohio Deceptive Trade Practices Act, Ohio Rev.Code § 4165.01, et seq., and breach of contract.”
Phillips v. Philip Morris Companies Inc., 290 F.R.D. 476 (N.D. Ohio 2013). · cites it 6× “16); and defendants’ motion for judgment on the pleadings on plaintiffs’ claim under the Ohio Deceptive Trade Practices Act (DTPA), Ohio Rev.Code § 4165.01 et seq. (Doc. No.”
Schumacher v. State Auto. Mut. Ins., 47 F. Supp. 3d 618 (S.D. Ohio 2014). · cites it 8× “Ohio Deceptive Trade Practices Act Claim Defendants argue that they are entitled to judgment as a matter of law on Plaintiffs’ claims brought under the Ohio Deceptive Trade Practices Act (ODTPA), Ohio Rev.Code §§ 4165.01 et seq., because, as consumers, Plaintiffs lack standing…”
Allen v. Andersen Windows, Inc., 913 F. Supp. 2d 490 (S.D. Ohio 2012). · cites it 4× “Ohio Deceptive Trade Practices Act In her Fifth Claim, Allen purports to allege a violation of the Ohio Deceptive Trade Practices Act (“ODTPA”), codified at Ohio Rev. Code § 4165.01 et seq. Andersen argues that Allen’s ODTPA claim is not cognizable as a matter of law because she…”
In re Porsche Cars North Am., Inc., 880 F. Supp. 2d 801 (S.D. Ohio 2012). · cites it 3× “Ohio Plaintiffs both paid to repair and install aluminum pipes in their vehicles and now bring claims for breach of implied warranty in tort, violations of Ohio’s Consumer Sales Practices Act, Ohio Rev.”
Torrance v. Rom, 2020 Ohio 3971 (Ohio Ct. App. 2020). · cites it 3× “Specifically, the complaint alleged as follows: Varenkova [and] * * * IIP Management * * * violated the Ohio Deceptive Trade Practices Act (“ODTPA”), R.C. 4165.01, et seq., by, inter alia, (a) causing likelihood of confusion or misunderstanding as to the source, sponsorship,…”
Aero Fulfillment Servs. Corp. v. Oracle Corp., 186 F. Supp. 3d 764 (S.D. Ohio 2016). · cites it 2× “” Ohio Rev. Code § 4165.01. “Where claims are made under the Ohio common law and [the ODTPA], Ohio courts are to apply essentially the same analysis as that applied in assessing the law of unfair competition under the federal statutes.”
Lambert v. Kazinetz, 250 F. Supp. 2d 908 (S.D. Ohio 2003). · cites it 4× “In the Complaint, the Plaintiffs assert the following causes of action: (1) fraud; (2) promissory estoppel; (3) tortious interference with business relations; and (4) deceptive trade practices in violation of Ohio Rev.”
Greene v. Gerber Prods. Co., 262 F. Supp. 3d 38 (E.D.N.Y 2017). “; (“OCSPA”), (2) the Ohio Deceptive Trade Practices Act, Ohio Rev. Code Ann. §§ 4165.01 et seq. (“ODT-PA”), and (3) the North Carolina Deceptive Trade Practices Act, N.”
Show all 87 citing cases →
— Ohio Rev. Code § 4165.01(D) — 14 cases
Bower v. Int'l Bus. MacHines, Inc., 495 F. Supp. 2d 837 (S.D. Ohio 2007). “(the “CSPA”) (Count One); (2) violation of the Ohio Deceptive Trade Practices Act, Ohio Rev. Code Ann. §§ 4165.01 et seq. (the “DTPA”) (Count Two); and (3) unjust enrichment (Count Three).”
Gascho v. Global Fitness Holdings, LLC, 863 F. Supp. 2d 677 (S.D. Ohio 2012). “The First Amended Complaint asserted four causes of action, including claims under the Ohio Consumer Sales Practices Act, the Ohio Prepaid Entertainment Con *684 tract Act, the Ohio Deceptive Trade Practices Act, Ohio Rev.Code § 4165.01, et seq., and breach of contract.”
Robins v. Global Fitness Holdings, LLC, 838 F. Supp. 2d 631 (N.D. Ohio 2012). “Furthermore, the contracts contained, nearly verbatim, the statutory language for three-day cancellations and cancellations due to death, disability and relocation — the only cancellation provisions required under the OPECA. Accordingly, Counts Four and Five are dismissed with…”
Schumacher v. State Auto. Mut. Ins., 47 F. Supp. 3d 618 (S.D. Ohio 2014). “Ohio Deceptive Trade Practices Act Claim Defendants argue that they are entitled to judgment as a matter of law on Plaintiffs’ claims brought under the Ohio Deceptive Trade Practices Act (ODTPA), Ohio Rev.Code §§ 4165.01 et seq., because, as consumers, Plaintiffs lack standing…”
Phillips v. Philip Morris Companies Inc., 290 F.R.D. 476 (N.D. Ohio 2013). “16); and defendants’ motion for judgment on the pleadings on plaintiffs’ claim under the Ohio Deceptive Trade Practices Act (DTPA), Ohio Rev.Code § 4165.01 et seq. (Doc. No.”
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