Okla. Stat. tit. 78, § 78-53
This is the official text of Okla. Stat. tit. 78, § 78-53, part of Oklahoma’s Stat. tit. 78, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 78,." Browse the sections below, each linked to its official government source.
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Acts constituting deceptive trade practices - Prima facie
Official statutory text
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 Page 11
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.
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 Page 11
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.
Status: in_force · Read it on the official government site
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