reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1329 | Labels and Marks › Section 1329.501 | Laundering Articles Labeled With Trade Name or Mark of Owner.

Effective:
October 11, 1955
Latest Legislation:
Senate Bill 133 - 101st General Assembly
No person, other than the owner, shall launder, wash, clean, renovate, or cause to be laundered, washed, cleaned, or renovated, any towels, coats, aprons, toilet devices, or other supplies used for the purpose of cleanliness and sanitation, upon which a name, mark, or device filed under the provisions of sections 1329.41 to 1329.53, inclusive, of the Revised Code is produced, the possession of which, claimed by lease or rental from the owner thereof, except by the written consent of the owner thereof. Any person who finds or receives such property in the ordinary course of business and under circumstances which gives him knowledge and means of inquiring as to the true owner, or who appropriates such articles to his own use, or the use of another person, contrary to sections 1329.41 to 1329.53, inclusive, of the Revised Code, without having first made reasonable efforts to find the owner and restore the property to him, is presumed guilty of traffic in the same, contrary to such sections.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1329 | Labels and Marks › Section 1329.52 | Enforcement of Rights and Remedies Under Any Other Statute Not Affected.

Effective:
October 1, 1954
Latest Legislation:
Senate Bill 262 - 100th General Assembly
Sections 1329.41 to 1329.53, inclusive, of the Revised Code, shall not be construed as preventing the enforcement of rights and remedies under any other statute concerning articles or supplies upon which a name, mark, or device indicating ownership thereof has been produced, whether or not such name, mark, or device has been filed under sections 1329.41 to 1329.53, inclusive, of the Revised Code.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1329 | Labels and Marks › Section 1329.53 | No Pending Suit, Proceeding or Appeal to Abate or Be Affected.

Effective:
October 1, 1954
Latest Legislation:
Senate Bill 262 - 100th General Assembly
No suit, proceeding or appeal pending on October 1, 1954 shall abate or be affected in any way by reason of the coming into effect of sections 1329.41 to 1329.53, inclusive, of the Revised Code.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1329 | Labels and Marks › Section 1329.56 | Application for Registration.

Effective:
June 6, 2001
Latest Legislation:
House Bill 94 - 124th General Assembly
(A) Subject to the limitations set forth in sections 1329.54 to 1329.67 of the Revised Code, any person who adopts and uses a trademark or service mark in this state may file in the office of the secretary of state, on a form to be prescribed by the secretary of state, an application for registration of that trademark or service mark that sets forth, but is not limited to, the following information:
(1) The name and business address of the person applying for the registration; if the person is a corporation, the state of its incorporation; if the person is a partnership or limited liability partnership, the state in which the partnership is organized and the names of the general partners; and, if the person is a limited liability company, the state of its organization;
(2) The goods or services on or in connection with which the mark is used, the mode or manner in which the mark is used on or in connection with the goods or services, and the class in which the goods or services fall;
(3) The date when the mark was first used anywhere and the date when it was first used in this state by the applicant or the applicant's predecessor in interest;
(4) A statement that the applicant is the owner of the mark, that the mark is in use, and that, to the knowledge of the person verifying the application, no other person has the right to use the mark in the state either in the identical form of the mark, or in near resemblance to the mark, as to be likely, when used on or in connection with the goods or services of another person, to cause confusion or mistake or to deceive;
(5) A statement that, to the knowledge of the person verifying the application, no other person has a registration or a pending intent to use application of the same or a confusingly similar mark in the United States patent and trademark office for the same or similar goods or services or a statement that the applicant is the owner of a concurrent registration in the United States patent and trademark office of the applicant's mark covering an area including this state.
(B) The application shall be signed and verified by the applicant, by an authorized representative, or by an officer of the firm, limited liability company, limited liability partnership, general partnership, or limited partnership, corporation, union, association, or other organization that is the applicant.
(C) The application shall be accompanied by a specimen of the mark as actually used and shall contain a brief description of the mark as it appears on the specimen.
(D) The application shall be accompanied by the filing fee specified in division (U)(1) of section 111.16 of the Revised Code, payable to the secretary of state.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1329 | Labels and Marks › Section 1329.57 | Certificate of Registration.

Effective:
September 1, 1998
Latest Legislation:
House Bill 464 - 122nd General Assembly
Upon compliance by the applicant with the requirements of sections 1329.54 to 1329.67 of the Revised Code, the secretary of state shall cause a certificate of registration to be issued and delivered to the applicant. The certificate of registration shall be issued under the signature and seal of the secretary of state, and it shall show the name and business address and, if a corporation, the state of incorporation, or, if a partnership or limited liability partnership, the state in which the partnership is organized and the names of the general partners, or, if a limited liability company, the state of organization, of the person claiming ownership of the trademark or service mark, the date claimed for the first use of the trademark or service mark anywhere, the date claimed for the first use of the trademark or service mark in this state, the class of goods or services and the description of the goods or services on or in connection with which the trademark or service mark is used, the registration date, and the term of the registration. One specimen or facsimile of the trademark or service mark supplied under section 1329.56 of the Revised Code shall be attached to and made a part of the certificate of registration.
Any certificate of registration issued by the secretary of state or a copy of the certificate duly certified by the secretary of state shall be admissible in evidence in any action or proceeding in any court of record in this state as competent and sufficient proof of the registration of the trademark or service mark.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1329 | Labels and Marks › Section 1329.58 | Term Registration Effective - Renewal Application.

Effective:
May 16, 2002
Latest Legislation:
House Bill 278 - 124th General Assembly
Registration of a trademark or service mark under sections 1329.54 to 1329.67 of the Revised Code shall be effective for a term of ten years from the date of registration. Upon the filing of an application within six months prior to the expiration of that term on a form furnished by the secretary of state, the registrant may renew the registration at the end of each ten-year period for a similar term. The renewal fee specified in division (U)(2) of section 111.16 of the Revised Code, payable to the secretary of state, shall accompany the renewal application. The renewal application shall require the applicant to state that the mark still is in use in this state. The renewal application shall be accompanied by a specimen of the mark as actually used and shall contain a brief description of the mark as it appears on the specimen.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1329 | Labels and Marks › Section 1329.60 | Assignment of Trademark or Service Mark and Registration.

Effective:
June 6, 2001
Latest Legislation:
House Bill 94 - 124th General Assembly
Any trademark or service mark and its registration shall be assignable with the good will of the business in which the trademark or service mark is used, or with that part of the good will of the business connected with the use of and symbolized by the trademark or service mark. Assignment shall be by instruments in writing duly executed and may be recorded with the secretary of state upon the payment of the fee specified in division (U)(2) of section 111.16 of the Revised Code, payable to the secretary of state, who, after recording the assignment, shall issue in the name of the assignee a new certificate for the remainder of the term of the registration or of the last renewal thereof. The instrument shall be on a form prescribed by the secretary of state. An assignment of any registration shall be void as against any subsequent purchaser for valuable consideration without notice unless it is recorded with the secretary of state within three months after the date thereof or prior to such subsequent purchase.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1329 | Labels and Marks › Section 1329.601 | Filing Change of Address With Secretary of State.

Effective:
June 6, 2001
Latest Legislation:
House Bill 94 - 124th General Assembly
The registrant of a trademark or service mark shall record all changes of the registrant's business address by filing a written statement, on a form prescribed by the secretary of state, of the new address with the secretary of state. The filing fee specified in division (U)(2) of section 111.16 of the Revised Code shall accompany the statement.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1329 | Labels and Marks › Section 1329.61 | Public Record of Registrations and Renewals.

Effective:
October 20, 1978
Latest Legislation:
House Bill 297 - 112th General Assembly
The secretary of state shall keep for public examination a record of all trademarks and service marks registered or renewed under sections 1329.54 to 1329.67 of the Revised Code.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1329 | Labels and Marks › Section 1329.62 | Cancellation of Registration.

Effective:
September 1, 1998
Latest Legislation:
House Bill 464 - 122nd General Assembly
The secretary of state shall cancel from the register the following types of registrations:
(A) Any registration the secretary of state receives a voluntary request in writing, on a form prescribed by the secretary of state, for cancellation of the registration from the registrant or the assignee of record;
(B) Any registration that is granted under sections 1329.54 to 1329.67 of the Revised Code and that is not renewed in accordance with those sections;
(C) Any registration concerning which a court of competent jurisdiction finds either of the following applies:
(1) The registration was granted improperly.
(2) A trademark or service mark is or has become the generic name for the goods or services, or a portion of the goods or services, for which the mark is or has been registered.
(D) Any registration ordered canceled by a court of competent jurisdiction on any ground.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1329 | Labels and Marks › Section 1329.63 | Classification of Goods or Services.

Effective:
September 1, 1998
Latest Legislation:
House Bill 464 - 122nd General Assembly
The secretary of state shall establish for convenience of administration a classification of goods or services that is in conformity with the classification established by the commissioner of patents and trademarks under 15 U.S.C. 1112 but that does not limit or extend the applicant's or registrant's rights. A single application for registration of a trademark or service mark may include any or all goods and services comprised in a single class on or in connection with which the trademark or service mark is actually being used, but a single application shall not include goods or services that fall within different classes on or in connection with which the trademark or service mark is being used.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1329 | Labels and Marks › Section 1329.64 | Fraudulent Filing or Registration - Damages.

Effective:
October 20, 1978
Latest Legislation:
House Bill 297 - 112th General Assembly
Any person who shall for himself, or on behalf of any other person, procure the filing or registration of any trademark or service mark in the office of the secretary of state under sections 1329.54 to 1329.67 of the Revised Code, by knowingly making any false or fraudulent representation or declaration in writing, or by any other fraudulent means, shall be liable to pay all damages sustained in consequence of the filing or registration, to be recovered by or on behalf of the party injured thereby in any court of competent jurisdiction.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1329 | Labels and Marks › Section 1329.65 | Civil Action for Unauthorized Use or Reproduction.

Effective:
October 20, 1978
Latest Legislation:
House Bill 297 - 112th General Assembly
Except as provided in section 1329.67 of the Revised Code, any person who:
(A) Uses, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a trademark or service mark registered under sections 1329.54 to 1329.67 of the Revised Code, in connection with the sale, offering for sale, or advertising of any goods or services on or in connection with which such use is likely to cause confusion or mistake or to deceive as to the source of origin of such goods or services;
(B) Reproduces, counterfeits, copies, or colorably imitates any such trademark or service mark and applies the reproduction, counterfeit, copy, or colorable imitation to labels, signs, prints, packages, wrappers, receptacles, or advertisements intended to be used upon or in conjunction with the sale or other distribution in this state of such goods or services; shall be liable to a civil action by the owner of such registered trademark or service mark for any or all of the remedies provided in section 1329.66 of the Revised Code, except under this division the registrant shall not be entitled to recover profits or damages unless the acts have been committed with knowledge that the trademark or service mark is intended to cause confusion or mistake or to deceive.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1329 | Labels and Marks › Section 1329.66 | Rights and Remedies.

Effective:
October 20, 1978
Latest Legislation:
House Bill 297 - 112th General Assembly
Any owner of a trademark or service mark registered under the sections 1329.54 to 1329.67 of the Revised Code, may proceed by suit to enjoin the manufacture, use, display, or sale of any counterfeits or imitations of the mark, and any court of competent jurisdiction may grant injunctions to restrain such manufacture, use, display, or sale as may be by the the court considered just and reasonable, and may require the defendants to pay to the owner all profits derived from and all damages suffered by reason of the wrongful manufacture, use, display, or sale; the court may also order that any such counterfeits or imitations in the possession or under the control of any defendant in such case, to be delivered to an officer of the court, or to the complainant, to be destroyed.
If the infringement complained of is contained in or is part of paid advertising in a newspaper, magazine, or other periodical, the remedies of the owner of the right infringed as against the publisher or distributor of such periodical shall be confined to an injunction against the presentation of such advertising matter in future issues. These limitations shall apply only to innocent infringers and injunctive relief shall not be available to the owner of the right infringed in respect of an issue of a periodical containing infringing matter when restraining the dissemination of such infringing matter in any particular issue of such periodical would delay the delivery of such issue after the regular time therefor, and the delay would be due to the method by which publication and distribution of such periodical is customarily conducted in accordance with sound business practice, and not to any method or device adopted for the evasion of this section or to prevent or delay the issuance of an injunction or restraining order with respect to such infringing matter.
The enumeration of any right or remedy herein shall not affect a registrant's right to prosecute under any appropriate penal law of this state.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1329 | Labels and Marks › Section 1329.67 | Rights at Common Law.

Effective:
September 1, 1998
Latest Legislation:
House Bill 464 - 122nd General Assembly
Sections 1329.54 to 1329.67 of the Revised Code do not adversely affect the rights or the enforcement of rights in trademarks or service marks acquired in good faith at common law prior to any of the following times:
(A) Prior to another person's registration in this state of a trademark or service mark, with the registrant having a subsequent first use date;
(B) Prior to another person's registration in the United States patent and trademark office of a trademark or service mark, with the other person having a subsequent first use date;
(C) Prior to another person's registration in the United States patent and trademark office of a trademark or service mark, with the other person having a subsequent priority date.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1329 | Labels and Marks › Section 1329.71 | Suit by Financial Institution to Enjoin Use of Name or Logo - Remedies.

Effective:
March 23, 2018
Latest Legislation:
House Bill 199 - 132nd General Assembly
(A) As used in this section, "financial institution" means any bank, savings and loan association, savings bank, or credit union; any affiliate or subsidiary of a bank, savings and loan association, savings bank, or credit union; any registrant as defined in section 1321.51 of the Revised Code ; or any person registered as a mortgage lender under Chapter 1322. of the Revised Code.
(B) Any financial institution may proceed by suit to enjoin the use of the financial institution's name or logo in connection with the sale, offering for sale, distribution, or advertising of any product or service without the express written consent of the financial institution, if such use is misleading or deceptive as to the source of origin or sponsorship of, or the affiliation with, the product or service. Any court of competent jurisdiction may grant injunctions to restrain such use as the court considers just and reasonable and may require the defendants to pay to the financial institution all profits derived from and all damages suffered by reason of the wrongful use of the name or logo.
(C) Notwithstanding division (B) of this section, the only remedies that are available for the wrongful use of a financial institution's name or logo by a registrant or licensee under C hapter 1322. of the Revised Code are those set forth in section 1322.50 of the Revised Code or otherwise provided by statute or common law.
(D) The provisions of this section are not intended to be exclusive remedies and do not preclude the use of any other remedy provided by law.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1329 | Labels and Marks › Section 1329.99 | Penalty.

Effective:
January 9, 1961
Latest Legislation:
House Bill 1 - 104th General Assembly
(A) Whoever violates section 1329.26 or 1329.27 of the Revised Code shall be fined not more than one hundred dollars.
(B) Whoever violates section 1329.29 of the Revised Code shall be fined not less than twenty-five nor more than five hundred dollars.
(C) Whoever violates section 1329.30 of the Revised Code shall be fined not less than one nor more than twenty-five dollars.
(D) Whoever violates section 1329.31, 1329.32, or 1329.33 of the Revised Code shall be fined not less than twenty-five nor more than fifty dollars for a first offense; for each subsequent offense such person shall be fined not less than fifty nor more than two hundred dollars.
(E) Whoever violates sections 1329.41 to 1329.53, inclusive, of the Revised Code, shall be fined not less than ten nor more than fifty dollars or imprisoned not less than ten days nor more than one month, or both, for a first offense; for each subsequent offense such person shall be fined not less than twenty nor more than one hundred dollars, or imprisoned not less than thirty days nor more than three months, or both.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1331 | Monopolies › Section 1331.02 | Prohibition Against Issuing or Owning Trust Certificates or Entering Into Combination, Contract, or Agreement.

Effective:
October 1, 1976
Latest Legislation:
House Bill 1358 - 111th General Assembly
No person shall issue or own trust certificates, and no person shall enter into a combination, contract, or agreement, the purpose and effect of which is to place the management or control of such combination, or the product or service thereof, in the hands of a trustee with the intent to limit or fix the price or lessen the production or sale of an article or service of commerce, use, or consumption, to prevent, restrict, or diminish the manufacture or output of such article or service, or refuse to buy from, sell to, or trade with any person because such person appears on a blacklist issued by, or is being boycotted by, any foreign corporate or governmental entity.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1331 | Monopolies › Section 1331.021 | Control Acquisition of Ohio Company Which Substantially Lessens Competition in Petroleum Products Market.

Effective:
November 17, 1981
Latest Legislation:
House Bill 455 - 114th General Assembly
No person, corporation, partnership, or combination shall acquire control of an Ohio corporation or its assets where the effect of such acquisition may be to substantially lessen competition in any market for petroleum products in Ohio, or to substantially lessen, directly or indirectly, the number of competitors in any market for petroleum products in Ohio, or to diminish the availability of supply of any petroleum product to persons purchasing such product for resale in Ohio. Upon request of the governor or the general assembly, the attorney general shall bring an action in the court of common pleas of Franklin county to enjoin any actual or threatened violation of this provision. The attorney general shall have the sole authority to enforce the provisions of this section.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1331 | Monopolies › Section 1331.03 | Forfeiture After Notice.

Effective:
October 1, 1976
Latest Legislation:
House Bill 1358 - 111th General Assembly
Whoever violates sections 1331.01 to 1331.14 of the Revised Code, shall forfeit to the state, for the use of the general revenue fund, five hundred dollars for each day that such violation is committed or continued after due notice is given by the attorney general or a prosecuting attorney. Such sum may be recovered in the name of the state. The attorney general, or the prosecuting attorney of any county upon the order of the attorney general, shall prosecute for the recovery thereof. When such action is prosecuted by the attorney general he may begin the same in the court of common pleas of Franklin county or of any other county in which there is proper venue.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1331 | Monopolies › Section 1331.04 | Conspiracy Against Trade Prohibited.

Effective:
April 6, 2017
Latest Legislation:
Senate Bill 227 - 131st General Assembly
Every combination, contract, or agreement in the form of a trust is declared to be a conspiracy against trade and illegal. No person shall engage in such conspiracy or take part therein, or aid or advise in its commission, or, as principal, manager, director, agent, servant, or employer, or in any other capacity, knowingly carry out any of the stipulations, purposes, prices, or rates, or furnish any information to assist in carrying out such purposes, or orders thereunder, or in pursuance thereof, or in any manner violate sections 1331.01 to 1331.14 of the Revised Code. Each day's violation of this section is a separate offense.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1331 | Monopolies › Section 1331.06 | Illegal Contract.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A contract or agreement in violation of sections 1331.01 to 1331.14, inclusive, of the Revised Code, is void.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1331 | Monopolies › Section 1331.07 | Compliance by Foreign Corporations.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A foreign corporation or foreign association exercising any of the powers, franchises, or functions of a corporation in this state, violating sections 1331.01 to 1331.14, inclusive, of the Revised Code, shall not do any business in this state. The attorney general shall enforce this section by proceedings in quo warranto in the supreme court, or the court of appeals of the county in which the defendant resides or does business, or by injunction or other proceedings.
The secretary of state shall revoke the certificate of such corporation or association.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1331 | Monopolies › Section 1331.08 | Liability for Damages.

Effective:
February 20, 2002
Latest Legislation:
House Bill 126 - 124th General Assembly
In addition to the civil and criminal penalties provided in sections 1331.01 to 1331.14 of the Revised Code, the person injured in the person's business or property by another person by reason of anything forbidden or declared to be unlawful in those sections, may sue therefor in any court having jurisdiction and venue thereof, without respect to the amount in controversy, and recover treble the damages sustained by the person and the person's costs of suit. When it appears to the court, before which a proceeding under those sections is pending, that the ends of justice require other parties to be brought before the court, the court may cause them to be made parties defendant and summoned, whether or not they reside in the county where the action is pending.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1331 | Monopolies › Section 1331.09 | Contents of Indictment.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In an indictment for an offense provided for in sections 1331.01 to 1331.14, inclusive, of the Revised Code, it is sufficient to state the purpose or effects of the trust or combination, and that the accused is a member thereof, or acted with or in pursuance of it or aided or assisted in carrying out its purposes, without giving its name or description, or how, when, and where it was created.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1331 | Monopolies › Section 1331.10 | Evidence.

Effective:
October 1, 1976
Latest Legislation:
House Bill 1358 - 111th General Assembly
In prosecutions under sections 1331.01 to 1331.14 of the Revised Code, it is sufficient to prove that a trust or combination exists, and that the defendant belonged to it, or acted for or in connection with it, without proving all the members belonging to it, or proving or producing an article of agreement, or a written instrument on which it may have been based; or that it was evidenced by a written instrument.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1331 | Monopolies › Section 1331.11 | Jurisdiction of Courts.

Effective:
October 1, 1976
Latest Legislation:
House Bill 1358 - 111th General Assembly
Courts of common pleas are invested with jurisdiction to restrain and enjoin violators of sections 1331.01 to 1331.14 of the Revised Code. For a violation of such sections, the attorney general, or the prosecuting attorney of the proper county, shall institute proper proceedings in a court of competent jurisdiction in any county in which there is proper venue.
When such suit is instituted by the attorney general in quo warranto, he may begin the same in the supreme court of the state, or the court of appeals of Franklin county. When such suit is instituted by the attorney general to restrain and enjoin a violation of sections 1331.01 to 1331.14 of the Revised Code, he may begin the same in the court of common pleas of Franklin county. Such proceedings to restrain and enjoin such violation shall be by way of complaint setting forth the case, and praying that such violation be enjoined or otherwise prohibited.
Upon the filing of such complaint, and before final decree, the court may make such temporary restraining order or prohibition as is just in the premises. In any action or proceeding in quo warranto by the attorney general or a prosecuting attorney against a corporation, the court in which such action or proceeding is pending may, ancillary to such action or proceeding, restrain or enjoin the corporation and its officers and agents from continuing or committing during the pendency of the action the alleged act by reason of which the action is brought.
When, in a proceeding in quo warranto by the attorney general or any prosecuting attorney, any Ohio corporation is, on final hearing, found guilty of violating such sections, the court may declare a forfeiture of all its rights, privileges, and franchises to the state and may order the corporation dissolved and appoint a trustee to wind up its affairs, as is provided in other cases in quo warranto.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1331 | Monopolies › Section 1331.12 | Parties Defendant - Multiple Proceedings - Statute of Limitations.

Effective:
February 20, 2002
Latest Legislation:
House Bill 126 - 124th General Assembly
(A) In any action or proceeding in quo warranto, in injunction, or otherwise brought by the attorney general or a prosecuting attorney under sections 1331.01 to 1331.14 of the Revised Code, all persons that are party to or participating in the trust or conspiracy against trade violative of those sections may be made parties defendant and summoned, whether or not they reside in the county in which the action or proceeding is instituted. Actions or proceedings in quo warranto and in injunction may be instituted simultaneously, or while one or another of them is pending, such actions or proceedings being started in the proper court as provided in section 1331.11 of the Revised Code, and no action or proceeding in injunction is a bar to an action or proceeding in quo warranto, nor is an action or proceeding in quo warranto a bar to one instituted to restrain and enjoin.
(B) Any civil or criminal action or proceeding for a violation of sections 1331.01 to 1331.14 of the Revised Code, other than one upon which an action was brought in any court by any person not later than forty-five days after the effective date of the current amendment, shall be forever barred unless commenced within four years after the cause of action accrued.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1331 | Monopolies › Section 1331.13 | Witnesses Are Not Excused From Testifying.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If a court of record, or a judge thereof in vacation, in which is pending a civil or criminal action or proceeding brought or prosecuted by the attorney general or a prosecuting attorney for the violation of sections 1331.01 to 1331.14, inclusive, of the Revised Code, or an action or proceeding for a violation of a law, common or statute, against a conspiracy or combination in restraint of trade, so orders, no person shall be excused from attending, testifying, or producing books, papers, schedules, contracts, agreements, or other documents in obedience to the subpoena or order of such court or a commissioner, referee, or master appointed by such court to take testimony, or a notary public or other person authorized to take depositions, when the order made by such court or judge includes a witness whose deposition is being taken before such notary public or other officer, for the reason that the testimony or evidence required of him may tend to incriminate him or subject him to a penalty. No person shall be prosecuted or subjected to a penalty for or on account of a transaction, matter, or thing concerning which he may so testify or produce evidence, documentary or otherwise, before such court, person, or officer.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1331 | Monopolies › Section 1331.14 | Cumulative Provisions.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Sections 1331.01 to 1331.13, inclusive, of the Revised Code are cumulative of each other and of all other laws in any manner affecting them.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1331 | Monopolies › Section 1331.15 | Prohibited Acts.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No person engaged in the business of buying milk, cream, or butter fat shall, for the purpose of creating a monopoly, or to restrain trade, or to prevent or limit competition, or to destroy the business of a competitor, discriminate between different sections, localities, communities, or cities of this state, by purchasing such commodity at a higher price or rate in one locality than in another, after making due allowance for the difference in the actual costs of transportation from the locality of purchase to the locality of manufacture.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1331 | Monopolies › Section 1331.17 | Public Disclosure by Attorney General.

Effective:
April 6, 2017
Latest Legislation:
Senate Bill 227 - 131st General Assembly
In carrying out official duties, the attorney general shall not disclose publicly the facts developed in an investigation conducted pursuant to this chapter unless the matter has become a matter of public record in enforcement proceedings, in public hearings, or other official proceedings, or unless the person from whom the information has been obtained consents to the public disclosure.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1331 | Monopolies › Section 1331.99 | Violation; Penalty.

Effective:
April 6, 2017
Latest Legislation:
Senate Bill 227 - 131st General Assembly
(A) (1) Whoever violates section 1331.04 of the Revised Code is guilty of conspiracy against trade. Except as provided in division (A)(2) of this section, a conspiracy against trade is a felony of the fifth degree.
(2) If any of the following conditions apply, the conspiracy against trade is a felony of the fourth degree:
(a) The amount of the contract or the amount of the sale of commodities or services involved is seven thousand five hundred dollars or more.
(b) The conspiracy against trade relates to a contract with or the sale of commodities or services to or from a local, state, or federal governmental entity.
(c) The contract or sale of commodities or services involves, in whole or in part, funding to or from a local, state, or federal governmental entity.
(B) Whoever violates section 1331.02 of the Revised Code is guilty of a felony of the fifth degree.
(C) Whoever violates division (L) of section 1331.16 of the Revised Code is guilty of a misdemeanor of the first degree.
(D) Whoever violates section 1331.15 of the Revised Code is guilty of a misdemeanor of the second degree.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1332 | Fair Competition in Cable Operations › Section 1332.02 | Fair Competition in Cable Service Operations.

Effective:
October 5, 2000
Latest Legislation:
Senate Bill 67 - 123rd General Assembly
It is the public policy of this state under sections 1332.01 to 1332.10 of the Revised Code to:
(A) Ensure fair competition in the provision in this state of cable service over a cable system, consistent with the procompetitive policies of the "Telecommunications Act of 1996," Pub. L. No. 104-104, 110 Stat. 56, 47 U.S.C.A. 151, for the purposes of providing the widest possible diversity of entertainment, information, and news sources to the general public; advancing the unfettered exercise of rights under the first amendment to the United States Constitution to free speech and the free flow of information; enhancing the development and widespread use of technological advances in the provision of cable service over a cable system; and encouraging improved customer service at competitive rates;
(B) Ensure that all cable service over a cable system is provided in this state within a comprehensive and nondiscriminatory federal, state, and local scheme.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1332 | Fair Competition in Cable Operations › Section 1332.03 | No Determination as to Public Utility Status of Cable Service Operation.

Effective:
October 5, 2000
Latest Legislation:
Senate Bill 67 - 123rd General Assembly
(A) Nothing in sections 1332.01 to 1332.10 of the Revised Code is a determination by the general assembly that the provision of cable service over a cable system by a municipal corporation does or does not constitute a public utility pursuant to Section 4 of Article XVIII, Ohio Constitution.
(B) Nothing in sections 1332.01 to 1332.10 of the Revised Code confers authority on a political subdivision of this state to own, lease, or operate a cable system or to provide cable service over a cable system; rather, that authority, if any, is as otherwise may be conferred by law.
(C) Except as expressly provided in sections 1332.01 to 1332.10 of the Revised Code, nothing in those sections restricts the authority of a political subdivision of this state, otherwise conferred by law, to grant a franchise to provide cable service.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1332 | Fair Competition in Cable Operations › Section 1332.06 | Special Fund for Cable System - Annual Report.

Effective:
October 5, 2000
Latest Legislation:
Senate Bill 67 - 123rd General Assembly
(A) A political subdivision of this state that is a public cable service provider shall maintain a special fund for its cable system and the provision of cable service over that cable system and shall be subject, with respect to that special fund, to sections 5705.09, 5705.10, 5705.14, 5705.15, 5705.16, 5705.39, 5705.40, 5705.41, 5705.44, and 5705.45 and any other applicable provision of Chapter 5705. of the Revised Code concerning the establishment or maintenance of the special fund.
(B) A political subdivision of this state that is a public cable service provider shall prepare and publish, on or before the first day of June of each year for the prior calendar year, an annual report on its cable system and the provision of cable service over that cable system. The report shall be substantially in accordance with full cost accounting and shall include disclosure of the amount, source, and cost of working capital utilized for its cable system and the provision of cable service over that cable system and estimates of the amount of any franchise fee, regulatory fee, occupation tax, pole attachment fee, property tax, or other fee or tax that would be applicable to its cable system and the provision of cable service over that cable system but for any exemption by reason of its status as a political subdivision, which exemption is authorized by law. Nothing in sections 1332.01 to 1332.10 of the Revised Code requires any elected official of the political subdivision to maintain a log or other record of the time the official spends on the business of the public cable service provider in the course of official duties.
(C) No political subdivision shall fail to comply with division (A) or (B) of this section.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1332 | Fair Competition in Cable Operations › Section 1332.07 | Effect of Violation by Political Subdivision.

Effective:
October 5, 2000
Latest Legislation:
Senate Bill 67 - 123rd General Assembly
A violation of any provision of division (B) of section 1332.04 of the Revised Code by a political subdivision, whether as a franchising authority, public cable service provider, or otherwise, relieves any other cable service provider in the jurisdiction of the political subdivision from any obligation to comply with or perform any regulation, rule, requirement, or restriction that is the subject of the violation, and entitles any such other cable service provider to equivalent treatment, right, or benefit.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1332 | Fair Competition in Cable Operations › Section 1332.08 | Arbitration of Disputes - Procedure.

Effective:
October 5, 2000
Latest Legislation:
Senate Bill 67 - 123rd General Assembly
(A) A dispute for which a civil action is authorized under section 1332.09 of the Revised Code may first be submitted to arbitration in accordance with the procedures and subject to the conditions set forth in divisions (B) to (D) of this section.
(B) Prior to initiating a civil action under section 1332.09 of the Revised Code, a person authorized to bring such an action may provide written notice of proposed arbitration under this section to all persons that would be party to the civil action. The notice shall describe with reasonable specificity the issues that would be the subject of the civil action. The issues shall be submitted to arbitration only if each person receiving such a notice of proposed arbitration gives its written consent not later than seven days after the date of receipt of the notice.
(C) Arbitration under this section shall be conducted and decided by a panel of three arbitrators in accordance with procedures established by the American arbitration association. The persons that would be the complainants in a civil action under section 1332.09 of the Revised Code regarding the issues submitted to arbitration shall select one of the arbitrators, the persons that would be the respondents in the civil action shall select another one of the arbitrators, and the two arbitrators so selected shall jointly select the third arbitrator. If the two arbitrators selected are unable to agree on a third arbitrator within seven days after the latest date either of the two arbitrators was selected, they are removed, and the parties to the proposed arbitration shall each select one substitute arbitrator in the same manner as previously provided in this division, and the two substitute arbitrators so selected shall jointly select the third arbitrator. If the substitute arbitrators are unable to agree on a third arbitrator within seven days after the latest date either such substitute arbitrator was selected, they are removed, and the issues shall not be submitted to arbitration.
(D) Not more than one hundred twenty days after the date a panel of arbitrators is selected under division (C) of this section, the panel shall issue a written opinion setting forth findings and decisions respecting the issues submitted to arbitration. The findings and decisions of the majority of the arbitrators on the panel shall be deemed the findings and decisions of the panel. The findings and decisions shall not be binding but shall be admissible into evidence in any civil action brought under section 1332.09 of the Revised Code respecting the issues submitted to arbitration. The arbitrators shall not have continuing jurisdiction after the written opinion required by this division is issued.
(E) Issues submitted to arbitration under this section may be resolved at any time by binding settlement agreement among the parties to the arbitration.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1332 | Fair Competition in Cable Operations › Section 1332.09 | Actions for Declaratory or Injunctive Relief - Findings of Arbitration Opinion.

Effective:
October 5, 2000
Latest Legislation:
Senate Bill 67 - 123rd General Assembly
(A) A political subdivision subject to division (A), (B), or (C) of section 1332.04 or division (C) of section 1332.05 of the Revised Code may bring a civil action for declaratory relief in the court of common pleas in the county in which the political subdivision is located or in any county of this state in which the political subdivision is a public cable service provider.
(B) A person that is or is likely to be adversely affected by a violation of division (A), (B), or (C) of section 1332.04 or division (C) of section 1332.05 of the Revised Code may bring a civil action for declaratory or injunctive relief in such a court of common pleas. Such person that is or is likely to be adversely affected includes a person that provides, or has filed a pending application to provide, within the jurisdiction of the political subdivision, cable service over a cable system, and includes any other political subdivision in which such allegedly noncomplying political subdivision is, or has filed a pending application to become, a public cable service provider.
(C)(1) If an arbitration opinion under section 1332.08 of the Revised Code contains a finding of a violation by a political subdivision of division (A), (B), or (C) of section 1332.04 or division (C) of section 1332.05 of the Revised Code and the political subdivision fails to rectify the violation promptly, and any person adversely affected by the violation substantially prevails in a subsequent civil action against the political subdivision under division (B) of this section regarding the violation not promptly rectified, the political subdivision is liable to the person for the person's costs and reasonable attorney's fees incurred in connection with the civil action.
(2) If an arbitration opinion under section 1332.08 of the Revised Code does not contain a finding of a violation by a political subdivision of division (A), (B), or (C) of section 1332.04 or division (C) of section 1332.05 of the Revised Code and the political subdivision substantially prevails in a subsequent civil action brought against it under division (B) of this section respecting an alleged violation, the complainants in the civil action are liable to the political subdivision for its costs and reasonable attorney's fees incurred in connection with the civil action.
(3) The court shall exercise its equitable discretion in determining the appropriate amount of attorney's fees to be awarded under division (C)(1) or (2) of this section. In exercising that discretion, the court shall consider at least all of the following: the degree to which the party partially prevailed, the reasonableness of the party's action, the reasonableness of the arbitrator's decision, the effort or lack of effort of the parties to reach a settlement, and the good faith or lack of good faith of the parties.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1332 | Fair Competition in Cable Operations › Section 1332.10 | Right of Action, Remedy or Penalty Is in Addition to Others.

Effective:
October 5, 2000
Latest Legislation:
Senate Bill 67 - 123rd General Assembly
Any right of action, remedy, or penalty under section 1332.08 or 1332.09 of the Revised Code is in addition to any right of action, remedy, or penalty otherwise available under law.