Ohio
How D. B. v. Global Learning applies in Ohio: state-specific rules, key cases, and bar exam notes for Intellectual Property.
Ohio generally follows principles of trademark and copyright law that mirror federal law, focusing on factors such as likelihood of confusion and originality. The state emphasizes the protection of intellectual property rights but does so in a manner consistent with federal precedents.
In Ohio, the law protects against unfair competition and infringement under the Ohio Revised Code § 4165, which criminalizes and provides civil remedies for deceptive trade practices.
The court held that copyright protection extends to the expression of ideas in particular forms, which reinforces the originality requirement.
This case affirmed that a common law right of publicity exists in Ohio, protecting individuals from unauthorized commercial use of their identities.
The court ruled that trademarks can be protected under common law, emphasizing the importance of longstanding use in trade.
Ohio’s approach to intellectual property law is largely aligned with federal standards, particularly concerning originality and likelihood of confusion in trademark cases. However, Ohio law can provide additional remedies and protections tailored specifically to state interests, such as the right of publicity.
Candidates may encounter questions regarding trademark infringement and copyright issues that emphasize both state and federal law, particularly in relation to consumer protection statutes.