36 Ohio App. 3d 26 - Cesare v. Work’s Empirical Analysis

Citation profile

30 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 55 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““A person engages in a deceptive trade practice when, in the course of his business, vocation, or occupation, he: “(A) Passes off goods or services as those of another; * * “(C) Causes likelihood of confusion or misunderstanding as to affiliation, connection, or association with, or certification by, another[.]” R.C. 4165.02. “The court may award reasonable attorneys’ fees to the prevailing party. * * * Costs for attorneys’ fees may be assessed against a defendant if the court finds that the defendant has willfully engaged in the trade practice knowing it to be deceptive.” R.C. 4165.03.”

   2 later decisions quote this exact passage
   e.g. Wooster Floral & Gifts, L.L.C. v. Green Thumb Floral & Garden Ctr., Inc. · 125 Ohio App. 3d 572 - Chandler & Associates, Inc. v. America's Healthcare Alliance, Inc.

2. ““A person engages in a deceptive trade practice when, in the course of his business, vocation, or occupation, he: “(A) Passes off goods or services as those of another; “(B) Causes likelihood of confusion or misunderstanding as to the source, sponsorship, approval, or certification of goods or services; “(C) Causes likelihood of confusion or misunderstanding as to affiliation, connection, or association with, or certification by, another[.]””

   2 later decisions quote this exact passage
   e.g. 128 Ohio App. 3d 188 - Leventhal & Associates, Inc. v. Thomson Central Ohio · Wooster Floral & Gifts, L.L.C. v. Green Thumb Floral & Garden Ctr., Inc.

3. ““(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 * * *; “(6) Lists a fictitious business name in a directory assistance database on or after the effective date of this amendment * * *; “(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 repre”

   1 later decision quote this exact passage
   e.g. 141 Ohio App. 3d 402 - Dayton Sports Center, Inc. v. 9-Ball, Inc.