reglab/housing_qa huggingface dataset:
IN Code § 24-2-2-3 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 2. Trademarks, Trade Names, and Trade Secrets|Chapter 2. Misleading Trade Names|24-2-2-3. Violations

Sec. 3. A person who recklessly violates this chapter commits a Class C misdemeanor.Formerly: Acts 1947, c.143, s.3. As amended by Acts 1978, P.L.2, SEC.2407.
IN Code § 24-2-2-4 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 2. Trademarks, Trade Names, and Trade Secrets|Chapter 2. Misleading Trade Names|24-2-2-4. Action for Continuing Violations; Injunction; Criminal Prosecution

Sec. 4. The attorney general, prosecuting attorney or any citizen of any county where any person, firm, limited liability company, corporation, or association shall be engaged in the violation of the provisions of this chapter may, in accordance with the laws of the state of Indiana governing injunctions, maintain an action in the name of the state of Indiana to enjoin such person, firm, limited liability company, corporation, or association from continuing operations in violation of the provisions of this chapter. Any person having been so enjoined who shall violate such injunction shall be punished for contempt of court; however, such injunction shall not relieve any such person, firm, limited liability company, corporation, or association from criminal prosecution for the violation as provided for in this chapter, but such remedy by injunction shall be in addition to any remedy provided for the criminal prosecution of such offense. The relator shall not be liable for any costs. In case judgment is rendered in favor of the plaintiff in any action brought for injunctive relief under the provisions of this chapter, the court rendering the same shall also render judgment for reasonable attorney's fees in such action in favor of the plaintiff and against the defendant in the action, and when collected such fees shall be paid to the attorney or attorneys of the plaintiff, which if paid to the attorney general or to any prosecuting attorney shall be additional to any compensation allowed by law.Formerly: Acts 1947, c.143, s.4. As amended by P.L.152-1986, SEC.34; P.L.8-1993, SEC.342; P.L.136-2018, SEC.138.
IN Code § 24-2-3-1 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 2. Trademarks, Trade Names, and Trade Secrets|Chapter 3. Trade Secrets|24-2-3-1. Short Title; Construction; Purpose

Sec. 1. (a) This chapter may be cited as the Uniform Trade Secrets Act.(b) This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject matter of this chapter among states enacting the provisions of this chapter.(c) The chapter displaces all conflicting law of this state pertaining to the misappropriation of trade secrets, except contract law and criminal law.As added by Acts 1982, P.L.148, SEC.1.
IN Code § 24-2-3-2 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 2. Trademarks, Trade Names, and Trade Secrets|Chapter 3. Trade Secrets|24-2-3-2. Definitions

Sec. 2. As used in this chapter, unless the context requires otherwise:"Improper means" includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means."Misappropriation" means:(1) acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or(2) disclosure or use of a trade secret of another without express or implied consent by a person who:(A) used improper means to acquire knowledge of the trade secret;(B) at the time of disclosure or use, knew or had reason to know that his knowledge of the trade secret was:(i) derived from or through a person who had utilized improper means to acquire it;(ii) acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or(iii) derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or(C) before a material change of his position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake."Person" means a natural person, limited liability company, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity."Trade secret" means information, including a formula, pattern, compilation, program, device, method, technique, or process, that:(1) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and(2) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.As added by Acts 1982, P.L.148, SEC.1. Amended by P.L.8-1993, SEC.343.
IN Code § 24-2-3-3 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 2. Trademarks, Trade Names, and Trade Secrets|Chapter 3. Trade Secrets|24-2-3-3. Injunction Against Misappropriation; Exceptional Circumstances

Sec. 3. (a) Actual or threatened misappropriation may be enjoined. Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in order to eliminate commercial advantage that otherwise would be derived from the misappropriation.(b) If the court determines in exceptional circumstances that it would be unreasonable to prohibit future use, an injunction may condition future use upon payment of a reasonable royalty for no longer than the period of time the use could have been prohibited.(c) In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order.As added by Acts 1982, P.L.148, SEC.1. Amended by P.L.50-1984, SEC.3.
IN Code § 24-2-3-4 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 2. Trademarks, Trade Names, and Trade Secrets|Chapter 3. Trade Secrets|24-2-3-4. Damages for Misappropriation and Unjust Enrichment; Royalty; Exemplary Damages

Sec. 4. (a) In addition to or in lieu of injunctive relief, a complainant may recover damages for the actual loss caused by misappropriation. A complainant also may recover for the unjust enrichment caused by misappropriation that is not taken into account in computing damages for actual loss.(b) When neither damages nor unjust enrichment are provable, the court may order payment of a reasonable royalty for no longer than the period during which the use could have been prohibited.(c) If willful and malicious misappropriation exists, the court may award exemplary damages in an amount not exceeding twice any award made under subsection (a).As added by Acts 1982, P.L.148, SEC.1. Amended by P.L.50-1984, SEC.4.
IN Code § 24-2-3-5 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 2. Trademarks, Trade Names, and Trade Secrets|Chapter 3. Trade Secrets|24-2-3-5. Attorney's Fees; Conditions

Sec. 5. If:(1) a claim of misappropriation is made in bad faith;(2) a motion to terminate an injunction is made or resisted in bad faith; or(3) willful and malicious misappropriation exists;the court may award reasonable attorney's fees to the prevailing party.As added by Acts 1982, P.L.148, SEC.1.
IN Code § 24-2-3-6 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 2. Trademarks, Trade Names, and Trade Secrets|Chapter 3. Trade Secrets|24-2-3-6. Preservation of Secrecy of Trade Secret

Sec. 6. In an action under this chapter, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in-camera hearings, sealing the records of the action, and ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval.As added by Acts 1982, P.L.148, SEC.1.
IN Code § 24-2-3-7 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 2. Trademarks, Trade Names, and Trade Secrets|Chapter 3. Trade Secrets|24-2-3-7. Limitation of Action

Sec. 7. An action for misappropriation must be brought within three (3) years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purposes of this section, a continuing misappropriation constitutes a single claim.As added by Acts 1982, P.L.148, SEC.1.
IN Code § 24-2-3-8 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 2. Trademarks, Trade Names, and Trade Secrets|Chapter 3. Trade Secrets|24-2-3-8. Continuing Misappropriation Commenced Before September 1, 1982

Sec. 8. If a continuing misappropriation otherwise covered by this chapter began before September 1, 1982, the chapter does not apply to the part of the misappropriation that occurred before that date. It does apply to the part that occurs after August 31, 1982, unless the appropriation was not a misappropriation under the law displaced by this chapter.As added by Acts 1982, P.L.148, SEC.1. Amended by P.L.137-2021, SEC.2.
IN Code § 24-3-2-1 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 3. Tobacco Products|Chapter 2. Cigarette Fair Trade Act|24-3-2-1. Declaration of Policy

Sec. 1. It is declared to be the public policy of this state to promote the public welfare by making unlawful unfair, dishonest, deceptive, destructive and fraudulent business practices now existing in transactions involving the sale of, offer to sell, or inducement to sell cigarettes in this state in wholesale and retail trades. The offering for sale or sale of cigarettes below cost in the retail or wholesale trade with the intent of injuring competitors or destroying or substantially lessening competition is an unfair and deceptive business practice and adversely affects the collection of revenue due this state from the sale of cigarettes.Formerly: Acts 1949, c.51, s.1.
IN Code § 24-3-2-3 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 3. Tobacco Products|Chapter 2. Cigarette Fair Trade Act|24-3-2-3. Sale at Less Than Cost; Penalty

Sec. 3. (a) It is a Class A infraction for a retailer or distributor, with intent to injure competitors or destroy or substantially lessen competition, to offer to sell or sell at retail or wholesale cigarettes at less than the cost to him. The registration certificate held by such a distributor under IC 6-7-1 may be revoked by the department for the balance of the term thereof.(b) Evidence of offering to sell or sale of cigarettes by any retailer or distributor at less than the cost to him is prima facie evidence of intent to injure competitors and to destroy or substantially lessen competition.(c) Notwithstanding IC 34-28-5-5(c), a judgment for a violation of this section shall be deposited in the enforcement and administration fund established under IC 7.1-4-10-1.Formerly: Acts 1949, c.51, s.3. As amended by Acts 1978, P.L.2, SEC.2408; P.L.252-2003, SEC.13.
IN Code § 24-3-2-4 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 3. Tobacco Products|Chapter 2. Cigarette Fair Trade Act|24-3-2-4. Sale of Multiple Items at Combined Price

Sec. 4. In all offers for sale or sales involving two (2) or more items, at least one (1) of which items is cigarettes, at a combined price, and in all offers for sale or sales, involving the giving of any gift or concession of any kind whatsoever (whether it be coupons or otherwise), the retailer's or distributor's combined selling price shall not be below the cost to the retailer or the cost to the distributor, irrespective of the total of all articles, products, commodities, gifts and concessions included in such transactions.Formerly: Acts 1949, c.51, s.4.
IN Code § 24-3-2-4.7 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 3. Tobacco Products|Chapter 2. Cigarette Fair Trade Act|24-3-2-4.7. Failure to Provide Documentary Evidence of Distributor; Penalty; Seizure of Cigarettes or Other Tobacco Products

Sec. 4.7. (a) A retailer shall produce an invoice or other documentary evidence proving that the retailer obtained cigarettes or a tobacco product (as defined in IC 6-7-2-5) from a distributor that holds a valid registration certificate.(b) Each day a retailer fails to produce an invoice or other evidence under subsection (a) constitutes a separate violation of this section.(c) This subsection applies in addition to or instead of any other civil or criminal penalty. The department or the department of state revenue may impose on a retailer that violates subsection (a) a civil penalty that does not exceed the greater of:(1) five hundred percent (500%) of the retail value of the cigarettes described in subsection (a); or(2) five thousand dollars ($5,000);for each violation.(d) In addition to any other penalty described in this section, the department or the department of state revenue may seize the cigarettes or other tobacco products for which the retailer is unable to produce the invoice or documentary evidence described in subsection (a). The seized cigarettes or other tobacco products shall be forfeited to the state and destroyed.(e) Civil penalties collected under this chapter shall be deposited as follows:(1) Seventy percent (70%) to the enforcement and administration fund established under IC 7.1-4-10.(2) Thirty percent (30%) to the state general fund for the use of the department of state revenue.As added by P.L.252-2003, SEC.14.
IN Code § 24-3-2-5 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 3. Tobacco Products|Chapter 2. Cigarette Fair Trade Act|24-3-2-5. Cost to the Distributor; Further Definition

Sec. 5. When one distributor sells cigarettes to any other distributor, the former shall not be required to include in his selling price to the latter cost to the distributor as provided in section 2(j) of this chapter, but the latter distributor, upon resale to the retailer, shall be subject to the provisions of section 2(j) of this chapter.Formerly: Acts 1949, c.51, s.5. As amended by P.L.152-1986, SEC.36.
IN Code § 24-3-2-6 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 3. Tobacco Products|Chapter 2. Cigarette Fair Trade Act|24-3-2-6. Exceptions

Sec. 6. The provisions of this chapter shall not apply to sales at retail or sales at wholesale made:(a) in an isolated transaction and not in the usual course of business;(b) where cigarettes are offered for sale or sold in bona fide clearance sales for the purpose of discontinuing trade in such cigarettes and said advertising, offer to sell, or sale shall state the reason thereof and the quantity of such cigarettes offered for sale or to be sold;(c) where cigarettes are offered for sale or sold as imperfect or damaged and said offering to sell or sale shall state the reason therefor and the quantity of such cigarettes offered for sale or to be sold;(d) where cigarettes are sold upon the final liquidation of a business; or(e) where cigarettes are offered for sale or sold by any fiduciary or other officer acting under the order or direction of any court.Formerly: Acts 1949, c.51, s.6. As amended by P.L.152-1986, SEC.37.
IN Code § 24-3-2-7 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 3. Tobacco Products|Chapter 2. Cigarette Fair Trade Act|24-3-2-7. Sale to Meet Price of Competitor

Sec. 7. (a) Any retailer may offer to sell or sell cigarettes at a price made in good faith to meet the price of a competitor who is selling the same article at cost to him as a retailer, as defined in section 2(i) of this chapter. Any distributor may offer to sell or sell cigarettes at a price made in good faith to meet the price of a competitor who is rendering the same type of service and is selling the same article at cost to him as a distributor, as defined in section 2(j) of this chapter. The price of cigarettes offered for sale or sold under the exceptions specified in section 6 of this chapter shall not be considered the price of a competitor and shall not be used as a basis for establishing prices below cost, nor shall the price established at a bankrupt sale be considered the price of a competitor within the purview of this section.(b) In the absence of proof of the price of a competitor under this section, the lowest cost to the retailer or the lowest cost to the distributor, as the case may be, determined by any cost survey made pursuant to section 11 of this chapter, may be deemed the price of a competitor within the meaning of this section.Formerly: Acts 1949, c.51, s.7. As amended by P.L.152-1986, SEC.38.
IN Code § 24-3-2-8 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 3. Tobacco Products|Chapter 2. Cigarette Fair Trade Act|24-3-2-8. Contract in Violation of Chapter; Contract

Sec. 8. Any contract, expressed or implied, made by any person in violation of any of the provisions of this chapter is declared to be an illegal and void contract, and no recovery thereon shall be had.Formerly: Acts 1949, c.51, s.8. As amended by P.L.152-1986, SEC.39.
IN Code § 24-3-2-9 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 3. Tobacco Products|Chapter 2. Cigarette Fair Trade Act|24-3-2-9. Evidence to Establish Cost

Sec. 9. (a) In determining cost to the retailer and cost to the distributor, the court or the department, as the case may be, shall receive and consider as bearing on the bona fides of such cost evidence tending to show that any person complained against under any of the provisions of this chapter purchased cigarettes with respect to the sale of which complaint is made at a fictitious price, or upon terms, or in such manner, or under such invoices, as to conceal the true cost, discounts, or terms of purchase, and shall also receive and consider as bearing on the bona fides of such cost evidence of the normal, customary, and prevailing terms and discounts in connection with other sales of a similar nature in the trade area or state.(b) Merchandise given gratis or payment made to a retailer or distributor for display, or advertising, or promotion purposes, or otherwise shall not be considered in determining the cost of cigarettes to the retailer or distributor.Formerly: Acts 1949, c.51, s.9. As amended by P.L.152-1986, SEC.40.
IN Code § 24-3-2-10 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 3. Tobacco Products|Chapter 2. Cigarette Fair Trade Act|24-3-2-10. Evidence of Price Outside Ordinary Channels of Trade

Sec. 10. (a) In establishing the cost of cigarettes to the retailer or distributor, the invoice cost of said cigarettes purchased at a forced, bankrupt, or close-out sale, or other sale outside of the ordinary channels of trade, may not be used as a basis for justifying a price lower than one based upon the replacement cost of the cigarettes to the retailer or distributor, within thirty (30) days prior to the date of sale, in the quantity last purchased, through the ordinary channels of trade.(b) Any cigarettes that are imported or reimported into the United States for sale or distribution under a trade name, trade dress, or trademark that is the same as or confusingly similar to a trade name, trade dress, or trademark used for cigarettes manufactured in the United States for sale or distribution in the United States are presumed to be purchased outside the ordinary channels of trade.Formerly: Acts 1949, c.51, s.10. As amended by P.L.21-2000, SEC.9.
IN Code § 24-3-2-11 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 3. Tobacco Products|Chapter 2. Cigarette Fair Trade Act|24-3-2-11. Cost Survey as Evidence

Sec. 11. Where a cost survey pursuant to recognized statistical and cost accounting practices has been made for the trading area in which the offense is committed to establish the lowest cost to the retailer and the lowest cost to the distributor, said cost survey shall be deemed competent evidence to be used in proving the cost to the person complained against within the provisions of this chapter.Formerly: Acts 1949, c.51, s.11. As amended by P.L.152-1986, SEC.41.
IN Code § 24-3-2-12 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 3. Tobacco Products|Chapter 2. Cigarette Fair Trade Act|24-3-2-12. Injunction

Sec. 12. (a) The department, or any person injured by any violation or who shall suffer injury from any threatened violation of this chapter, may maintain an action in any court of equitable jurisdiction to prevent, restrain, or enjoin such violation or threatened violation. If in such action a violation or threatened violation of this chapter shall be established, the court shall enjoin and restrain or otherwise prohibit such violation or threatened violation, and in addition thereto, the court shall assess in favor of the plaintiff and against the defendant the costs of suit including reasonable attorney's fees. In such action it shall not be necessary that actual damages to the plaintiff be alleged or proved, but where alleged and proved, the plaintiff in said action, in addition to such injunctive relief and costs of suit, including reasonable attorney's fees, shall be entitled to recover from the defendant the actual damages sustained by him.(b) In the event that no injunctive relief is sought or required, any person injured by a violation of this chapter may maintain an action for damages and costs of suit in any court of general jurisdiction.Formerly: Acts 1949, c.51, s.12. As amended by P.L.152-1986, SEC.42.
IN Code § 24-3-2-13 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 3. Tobacco Products|Chapter 2. Cigarette Fair Trade Act|24-3-2-13. Rules; Powers of Department

Sec. 13. (a) The department may adopt rules for the enforcement of this chapter, and the department is empowered to and may undertake a cost survey, as provided for in section 11 of this chapter. The department may, in accordance with IC 4-21.5-3, suspend or revoke any registration certificate issued by it to a distributor under IC 6-7-1 for failure of any registrant to comply with this chapter or any rule adopted under this chapter.(b) All the powers vested in the department by IC 6-7-1 shall be available to the department in the enforcement of this chapter.Formerly: Acts 1949, c.51, s.13. As amended by P.L.152-1986, SEC.43; P.L.7-1987, SEC.105.