reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 24. Trade Regulation › Article 1. Combinations in Restraint of Trade › Chapter 3. Combinations to Prevent Sale of Supplies › 24-1-3-1. Offenses; Voiding Contracts

Sec. 1. A person who enters into any contract or combination to induce, procure, or prevent any wholesale or retail dealer in or manufacturer of merchandise or of supplies or of material or articles intended for trade or used by any mechanic, artisan, or dealer in the prosecution of his business from selling such supplies to any dealer or to any mechanic or artisan commits a Class A misdemeanor. A dealer in or manufacturer of such supplies, material, or articles who is a party to any such contract or combination or who upon the request of any party to any such contract or combination refuses to sell such supplies, materials, or articles to any other person who may require them in the prosecution of his business, for the reason that the other person is not a member of a combination or association of persons, commits a Class A misdemeanor. All such contracts and combinations are void.
Formerly: Acts 1899, c.148, s.1. As amended by Acts 1978, P.L.2, SEC.2405.
2023 Indiana Code › Title 24. Trade Regulation › Article 1. Combinations in Restraint of Trade › Chapter 3. Combinations to Prevent Sale of Supplies › 24-1-3-3. Continuing Violations; Penalties

Sec. 3. Each and every person, firm, limited liability company, or association of persons who shall in any manner violate the provisions of this chapter shall, for each and every day that such violation shall be committed and continued after due notice given by the party interested to the attorney general or prosecuting attorney, forfeit and pay the sum of fifty dollars ($50), which may be recovered in the name of the state on the relation of the party injured or on the relation of the prosecuting attorney in any county where the offense is committed or where the offender or offenders reside. And it shall be the duty of the prosecuting attorney of any county to prosecute any such action, and he shall be entitled to a fee of twenty-five dollars ($25) to be taxed against the defendant in the event of recovery as a part of the costs of said action. Any such action may be taken in any circuit or superior court of the county in which the defendant resides or in which he is engaged in business.
Formerly: Acts 1899, c.148, s.3. As amended by P.L.152-1986, SEC.15; P.L.8-1993, SEC.336.
2023 Indiana Code › Title 24. Trade Regulation › Article 1. Combinations in Restraint of Trade › Chapter 3. Combinations to Prevent Sale of Supplies › 24-1-3-3.1. Attorney General May Bring Action on Behalf of the State or a Political Subdivision

Sec. 3.1. The attorney general may bring an action on behalf of the state or a political subdivision (as defined in IC 34-6-2-110) for injuries or damages sustained directly or indirectly as a result of a:
(1) contract or combination described in section 1 of this chapter; or
(2) violation of this chapter.
As added by P.L.135-2008, SEC.5.
2023 Indiana Code › Title 24. Trade Regulation › Article 1. Combinations in Restraint of Trade › Chapter 3. Combinations to Prevent Sale of Supplies › 24-1-3-4. Civil Action by Injured Party; Attorney General's Representation of the State or Political Subdivision

Sec. 4. (a) Any person who has suffered injuries or damages as a result of a contract or combination described in section 1 of this chapter, or by any other violation of this chapter, may bring an action in a circuit or superior court having jurisdiction in the county where the defendant resides or is engaged in business, or in any county where service may be obtained, without respect to the amount in controversy. The plaintiff in an action brought under this section is entitled to recover threefold damages awarded in the action, plus reasonable costs and attorney's fees.
(b) The attorney general may bring an action under this section on behalf of the state or a political subdivision.
Formerly: Acts 1899, c.148, s.4. As amended by P.L.152-1986, SEC.16; P.L.135-2008, SEC.6.
2023 Indiana Code › Title 24. Trade Regulation › Article 1. Combinations in Restraint of Trade › Chapter 3. Combinations to Prevent Sale of Supplies › 24-1-3-5. Service of Process; Parties Residing Outside County in Which Action Arises

Sec. 5. Whenever it shall appear to the court before which any proceedings under this chapter may be pending that the ends of justice require that other parties shall be brought before the court, said court may cause them to be made parties defendant and cause them to be served by the process of court as required by law in such cases provided, whether they reside in the county where said action is pending or not.
Formerly: Acts 1899, c.148, s.5. As amended by P.L.152-1986, SEC.17.
2023 Indiana Code › Title 24. Trade Regulation › Article 1. Combinations in Restraint of Trade › Chapter 4. Combinations Compelling Manufacturers to Close Down › 24-1-4-1. Refusal to Furnish Product in Ordinary Commercial Usage; Violation of Public Policy; Unlawful and Void Act

Sec. 1. From and after March 8, 1901, all arrangements, agreements, trusts, or combinations, or any agreement or arrangements that are made whereby a party or corporation refuses to furnish any article or articles required to be used in the manufacture of any article or merchandise when the party or corporation can furnish the same, or by charging more than the regular and ordinary price for the same or doing or refusing to do any act or acts that would cause such party to cease to manufacture such article or hinder such person or corporation from so doing, and all arrangements, contracts, or acts done or performed between any person or corporation made for the purpose of compelling any person or corporation engaged in the business of manufacturing any article of merchandise to cease manufacturing any such article, or compelling the same to close down or go out of business, are hereby declared to be against public policy, unlawful, and void.
Formerly: Acts 1901, c.107, s.1. As amended by P.L.152-1986, SEC.18.
2023 Indiana Code › Title 24. Trade Regulation › Article 1. Combinations in Restraint of Trade › Chapter 4. Combinations Compelling Manufacturers to Close Down › 24-1-4-2. Violation of Chapter; Domestic Corporations; Forfeiture of Charter and Franchise; Foreign Corporations; Prohibition; Duty of Attorney General

Sec. 2. (a) Any corporation chartered under the laws of this state which shall violate any of the provisions of this chapter shall thereby forfeit its charter and its franchise, and its corporate existence shall thereupon cease and terminate. Every foreign corporation which shall violate any of the provisions of this chapter is hereby denied the right to do and is prohibited from doing business in this state.
(b) It is hereby made the duty of the attorney general of the state to enforce the provisions of this chapter by due process of law.
Formerly: Acts 1901, c.107, s.2. As amended by P.L.152-1986, SEC.19.
2023 Indiana Code › Title 24. Trade Regulation › Article 1. Combinations in Restraint of Trade › Chapter 4. Combinations Compelling Manufacturers to Close Down › 24-1-4-3. Offense

Sec. 3. A person who knowingly violates this chapter commits a Level 5 felony.
Formerly: Acts 1901, c.107, s.3. As amended by Acts 1978, P.L.2, SEC.2406; P.L.158-2013, SEC.270.
2023 Indiana Code › Title 24. Trade Regulation › Article 1. Combinations in Restraint of Trade › Chapter 4. Combinations Compelling Manufacturers to Close Down › 24-1-4-4. Violation of Chapter; Civil Action for Damages; Attorney General

Sec. 4. (a) Any person who has suffered injuries or damages as a result of an arrangement, contract, agreement, trust, or combination described in section 1 of this chapter may bring an action in any court of competent jurisdiction in this state to recover the full consideration or sum paid by the person for any goods, wares or merchandise, or article the sale of which is controlled by the combination or trust. In addition, the person is entitled to recover a penalty of threefold the damages awarded in the action, plus reasonable costs and attorney's fees.
(b) The attorney general may bring an action under this section on behalf of the state or a political subdivision.
Formerly: Acts 1901, c.107, s.4. As amended by P.L.152-1986, SEC.20; P.L.135-2008, SEC.7.
2023 Indiana Code › Title 24. Trade Regulation › Article 1. Combinations in Restraint of Trade › Chapter 4. Combinations Compelling Manufacturers to Close Down › 24-1-4-5. Attorney General's Representation of the State or a Political Subdivision

Sec. 5. The attorney general may bring an action on behalf of the state or any political subdivision (as defined in IC 34-6-2-110) that has been directly or indirectly injured or damaged by:
(1) an arrangement, agreement, trust, or combination described in section 1 of this chapter; or
(2) any other violation of this chapter.
As added by P.L.135-2008, SEC.8.
2023 Indiana Code › Title 24. Trade Regulation › Article 1. Combinations in Restraint of Trade › Chapter 5. Motion Picture Fair Competition › 24-1-5-1. Definitions

Sec. 1. As used in this chapter:
"Person" includes one (1) or more individuals, partnerships, limited liability companies, associations, societies, trusts, organizations, or corporations.
"Theater" means an establishment in which motion pictures are exhibited to the public regularly for a charge.
"Distributor" means a person engaged in the business of distributing or supplying motion pictures to exhibitors by rental, sale or licensing.
"Exhibitor" means a person engaged in the business of operating one (1) or more theaters.
"Exhibit" or "exhibition" means showing a motion picture to the public for a charge.
"Invitation to bid" or "invite bids" means a written or oral solicitation by a distributor to one (1) or more exhibitors to bid for the right to exhibit a motion picture.
"Bid" means a written offer or proposal by an exhibitor to a distributor in response to an invitation to bid for the right to exhibit a motion picture.
"Trade screening" means the showing of a motion picture by a distributor at some location within the state which is open to any exhibitor from whom the distributor intends to invite bids or with whom the distributor intends to negotiate for the right to exhibit the motion picture.
"Blind selling" means the bidding or negotiating for, or the offering or agreeing to terms for, the licensing or exhibition of a motion picture before the motion picture has either been trade screened within the state or before such motion picture has been made available for viewing within the state by all exhibitors from whom the distributor is inviting bids or with whom the distributor is negotiating for the right to exhibit the motion picture.
"Run" means the continuous exhibition of a motion picture in a defined geographic area for a specified period of time. A "first run" is the first exhibition of a picture in the designated area; a "second run" is the second exhibition; and "subsequent runs" are subsequent exhibitions after a second run.
"Exclusive run" means a run limited to a single theater in a defined geographic area.
As added by Acts 1980, P.L.161, SEC.1. Amended by P.L.8-1993, SEC.337.
2023 Indiana Code › Title 24. Trade Regulation › Article 1. Combinations in Restraint of Trade › Chapter 5. Motion Picture Fair Competition › 24-1-5-3. Notice of Trade Screening to Exhibitors

Sec. 3. A distributor must provide reasonable and uniform notice of a trade screening of a motion picture to those exhibitors within the state from whom he intends to invite bids or with whom he intends to negotiate for the right to exhibit that motion picture.
As added by Acts 1980, P.L.161, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 1. Combinations in Restraint of Trade › Chapter 5. Motion Picture Fair Competition › 24-1-5-4. Invitation to Bids; Requisites

Sec. 4. If bids are invited from exhibitors for the licensing of a motion picture, the invitation to bid shall specify:
(1) whether the run for which the bid is invited is a first, second, or subsequent run;
(2) whether the run is an exclusive or nonexclusive run;
(3) the geographic area for the run;
(4) the date and hour the invitation to bid expires; and
(5) the time and date when, and the location of the office serving the territory where, the bids will be opened.
As added by Acts 1980, P.L.161, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 1. Combinations in Restraint of Trade › Chapter 5. Motion Picture Fair Competition › 24-1-5-5. Submitting and Opening Bids

Sec. 5. All bids must be submitted in writing and shall be opened at the designated time in the presence of those exhibitors, or their agents, who are present for the bid opening. The opened bids are subject to examination by the exhibitors or their agents.
As added by Acts 1980, P.L.161, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 1. Combinations in Restraint of Trade › Chapter 5. Motion Picture Fair Competition › 24-1-5-6. Notice to Bidders

Sec. 6. Within ten (10) business days of the bid opening, the distributor shall give notice of the name of the winning bidder or the fact that none of the bids were accepted to each exhibitor submitting a bid.
As added by Acts 1980, P.L.161, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 1. Combinations in Restraint of Trade › Chapter 5. Motion Picture Fair Competition › 24-1-5-7. Violations; Civil Remedies; Attorney's Fees

Sec. 7. In a successful civil action against a person for violating this chapter, the court shall award the plaintiff damages and reasonable attorney fees. The provisions of this chapter may be enforced by injunction or other equitable remedy.
As added by Acts 1980, P.L.161, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 2. Trademarks, Trade Names, and Trade Secrets › Chapter 1. Trademark Act › 24-2-1-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The following amendments to this chapter apply as follows:
(1) The addition of sections 0.5, 4.5, 8.5, 13.5, 14.5, and 15.3 of this chapter by P.L.135-2006 does not affect a legal proceeding or appeal initiated under this chapter before July 1, 2006.
(2) The amendments made to sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15 of this chapter by P.L.135-2006 do not affect a legal proceeding or appeal initiated under this chapter before July 1, 2006.
As added by P.L.220-2011, SEC.385.
2023 Indiana Code › Title 24. Trade Regulation › Article 2. Trademarks, Trade Names, and Trade Secrets › Chapter 1. Trademark Act › 24-2-1-0.5. Intent; Judicial or Administrative Interpretation

Sec. 0.5. This chapter is intended to provide a system of state trademark registration and protection that is consistent with the federal system of trademark registration and protection under the Trademark Act of 1946. A judicial or an administrative interpretation of a provision of the federal Trademark Act may be considered as persuasive authority in construing a provision of this chapter.
As added by P.L.135-2006, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 2. Trademarks, Trade Names, and Trade Secrets › Chapter 1. Trademark Act › 24-2-1-1. Repealed

Formerly: Acts 1955, c.174, s.1. As amended by P.L.152-1986, SEC.21. Repealed by P.L.135-2006, SEC.21.
2023 Indiana Code › Title 24. Trade Regulation › Article 2. Trademarks, Trade Names, and Trade Secrets › Chapter 1. Trademark Act › 24-2-1-3. Registerability

Sec. 3. A mark by which the goods or services of an applicant may be distinguished from other goods or services may not be registered if the mark:
(1) consists of or comprises immoral, deceptive, or scandalous matter;
(2) consists of or comprises matter that may:
(A) disparage or falsely suggest a connection with:
(i) persons living or dead;
(ii) institutions;
(iii) beliefs; or
(iv) national symbols; or
(B) bring into contempt or disrepute:
(i) persons living or dead;
(ii) institutions;
(iii) beliefs; or
(iv) national symbols;
(3) consists of or comprises the flag, coat of arms, or other insignia of:
(A) the United States;
(B) a state or municipality;
(C) the United Nations; or
(D) a foreign nation;
(4) consists of or comprises the name, signature, or portrait identifying a particular living individual, unless the individual provides written consent; or
(5) is a mark that:
(A) if used on or in connection with the goods or services of the applicant, is merely descriptive or deceptively misdescriptive of the goods or services;
(B) if used on or in connection with the goods or services of the applicant, is primarily geographically descriptive or deceptively geographically misdescriptive of the goods or services; or
(C) is primarily merely a surname.
This subdivision does not prevent the registration of a mark that is used in Indiana by the applicant and has become distinctive of the applicant's goods or services. The secretary may accept proof of continuous use of a mark by the applicant in Indiana for the five (5) years immediately preceding the date on which the claim of distinctiveness is made as evidence that the mark has become distinctive, as used on or in connection with the applicant's goods or services; or
(6) is a mark that so resembles a mark registered in Indiana or a mark or trade name previously used by another person in Indiana and not abandoned, as to be likely, if used on or in connection with the goods or services of the applicant, to cause deception, confusion, or mistake.
Formerly: Acts 1955, c.174, s.3; Acts 1959, c.256, s.2. As amended by P.L.152-1986, SEC.23; P.L.135-2006, SEC.3.
2023 Indiana Code › Title 24. Trade Regulation › Article 2. Trademarks, Trade Names, and Trade Secrets › Chapter 1. Trademark Act › 24-2-1-5. Certificate of Registration

Sec. 5. (a) If an applicant complies with the requirements of this chapter, the secretary shall issue and deliver a certificate of registration to the applicant. The certificate of registration must be issued under the signature of the secretary and the seal of the state of Indiana. The certificate of registration must include all of the following:
(1) The name and business address of the person claiming ownership of the mark. If the person claiming ownership of the mark is:
(A) a corporation, the certificate of registration must show the state of incorporation;
(B) a partnership, the certificate of registration must show the state in which the partnership is organized and the names of the general partners, as specified by the secretary; or
(C) another form of legal entity, the certificate of registration must show the jurisdiction in which the legal entity is organized.
(2) The date claimed for the first use of the mark anywhere and the date claimed for the first use of the mark in Indiana.
(3) The class of goods or services and a description of the goods or services on or in connection with which the mark is used.
(4) A reproduction of the mark.
(5) The registration date.
(6) The term of the registration.
(b) A certificate of registration issued by the secretary under subsection (a) or a copy of a certificate of registration certified by the secretary is admissible in evidence as competent and sufficient proof of the registration of the mark in an action or judicial proceeding in a court of Indiana.
Formerly: Acts 1955, c.174, s.5; Acts 1959, c.256, s.4. As amended by P.L.152-1986, SEC.25; P.L.135-2006, SEC.6.
2023 Indiana Code › Title 24. Trade Regulation › Article 2. Trademarks, Trade Names, and Trade Secrets › Chapter 1. Trademark Act › 24-2-1-6. Duration and Renewal

Sec. 6. (a) Registration of a mark under this chapter is effective for a term of five (5) years from the date of registration.
(b) If a person who registers a mark under subsection (a) files an electronic application not more than six (6) months before the expiration of the five (5) year term, in a manner complying with the requirements of the secretary, the registration may be renewed for an additional five (5) year term commencing at the end of the expiring five (5) year term.
(c) A renewal fee payable to the secretary must accompany the electronic application for renewal of the registration.
(d) A registration may be renewed for successive periods of five (5) years in the manner described in subsection (b).
(e) The secretary shall notify the registrants of marks of the necessity of renewal within the year next preceding the expiration of the five (5) years from the date of the registration by writing to the last known electronic mail address or, if none, the last known address of the registrants.
(f) An electronic application for renewal under this chapter for a mark registered under this chapter or a mark registered under a prior law, must include:
(1) a verified statement that the mark has been and remains in use; and
(2) an image of the mark on or in connection with the good or service.
Formerly: Acts 1955, c.174, s.6. As amended by P.L.135-2006, SEC.7; P.L.128-2017, SEC.7; P.L.59-2018, SEC.3.
2023 Indiana Code › Title 24. Trade Regulation › Article 2. Trademarks, Trade Names, and Trade Secrets › Chapter 1. Trademark Act › 24-2-1-7. Renewal of Registration in Force on July 1, 2006

Sec. 7. A registration in force on July 1, 2006, continues in full force and effect for the unexpired term of the registration and may be renewed by:
(1) filing an electronic application for renewal with the secretary; and
(2) paying the renewal fee;
in the manner described in section 6 of this chapter not more than six (6) months before the expiration of the registration.
Formerly: Acts 1955, c.174, s.7. As amended by P.L.152-1986, SEC.26; P.L.135-2006, SEC.8; P.L.59-2018, SEC.4.
2023 Indiana Code › Title 24. Trade Regulation › Article 2. Trademarks, Trade Names, and Trade Secrets › Chapter 1. Trademark Act › 24-2-1-8. Assignment

Sec. 8. (a) A mark and the registration of a mark under this chapter are assignable by electronic application as described by section 4 of this chapter with the:
(1) good will of the business in which the mark is used; or
(2) part of the good will of the business:
(A) connected with the use of the mark; and
(B) symbolized by the mark.
(b) An assignment:
(1) must be made by an instrument in writing duly executed; and
(2) may be electronically recorded with the secretary upon the payment of a recording fee to the secretary.
(c) The secretary, after recording an assignment, shall issue in the name of the assignee a new certificate of registration for the remainder of the term of the:
(1) registration; or
(2) most recent renewal of the registration.
(d) An assignment of a registration under this chapter is void against a subsequent purchaser for valuable consideration without notice unless the assignment is recorded with the secretary not more than three (3) months:
(1) after the date of the assignment; or
(2) before the subsequent purchase.
Formerly: Acts 1955, c.174, s.8. As amended by P.L.152-1986, SEC.27; P.L.135-2006, SEC.9; P.L.177-2019, SEC.13; P.L.206-2021, SEC.9.
2023 Indiana Code › Title 24. Trade Regulation › Article 2. Trademarks, Trade Names, and Trade Secrets › Chapter 1. Trademark Act › 24-2-1-8.5. Certificate of Change of Name

Sec. 8.5. (a) A registrant or an applicant who changes the name of the person to whom the mark is issued or for whom an electronic application is filed may record a certificate of change of name of the registrant or applicant by electronic application with the secretary upon the payment of a recording fee.
(b) The secretary may issue a new certificate of registration or an assigned application in the name of the assignee. The secretary may issue a new certificate of registration in the name of the assignee for the remainder of the term of the:
(1) certificate of registration; or
(2) most recent renewal of the certificate of registration.
As added by P.L.135-2006, SEC.10. Amended by P.L.59-2018, SEC.5; P.L.206-2021, SEC.10.
2023 Indiana Code › Title 24. Trade Regulation › Article 2. Trademarks, Trade Names, and Trade Secrets › Chapter 1. Trademark Act › 24-2-1-9. Records

Sec. 9. The secretary shall keep for public examination a record of all marks registered or renewed under this chapter as well as a record of all instruments recorded under sections 8 and 8.5 of this chapter.
Formerly: Acts 1955, c.174, s.9. As amended by P.L.152-1986, SEC.28; P.L.135-2006, SEC.11.
2023 Indiana Code › Title 24. Trade Regulation › Article 2. Trademarks, Trade Names, and Trade Secrets › Chapter 1. Trademark Act › 24-2-1-10. Registration Cancellation

Sec. 10. The secretary shall cancel from the register in whole or in part:
(1) a registration for which the secretary receives a voluntary request for cancellation by electronic application from the registrant or the assignee of record;
(2) all registrations granted under this chapter and not renewed under section 6 of this chapter;
(3) a registration for which a court of competent jurisdiction finds that:
(A) the registered mark has been abandoned;
(B) the registrant is not the owner of the mark;
(C) the registration was granted improperly;
(D) the registration was obtained fraudulently;
(E) the registered mark is or has become the generic name for the good or the service, or a part of the good or the service, for which the mark was registered; or
(F) the registered mark is so similar to a mark registered by another person on the principal register in the United States Patent and Trademark Office as to be likely to cause deception, confusion, or mistake between the marks, and the mark registered in the United States Patent and Trademark Office was filed before the filing of the electronic application for registration by the registrant under this chapter. However, a mark may not be canceled under this clause if the registrant proves that the registrant is the owner of a concurrent registration of a mark in the United States Patent and Trademark Office covering an area including Indiana; or
(4) a registration if a court of competent jurisdiction orders cancellation of the registration on any ground.
Formerly: Acts 1955, c.174, s.10. As amended by P.L.152-1986, SEC.29; P.L.135-2006, SEC.12; P.L.59-2018, SEC.6; P.L.206-2021, SEC.11.
2023 Indiana Code › Title 24. Trade Regulation › Article 2. Trademarks, Trade Names, and Trade Secrets › Chapter 1. Trademark Act › 24-2-1-11. Rules; Classification of Goods and Services; Electronic Application

Sec. 11. (a) The secretary may adopt rules under IC 4-22-2 to establish:
(1) a classification of goods and services for convenience of administration of this chapter but not to limit or extend an applicant's or registrant's rights; and
(2) a single electronic application for registration of a mark that:
(A) may include each good upon which a mark is used;
(B) may include each service with which a mark is used; and
(C) must indicate the appropriate class or classes of the goods or services.
To the extent practical, the classification of goods or services should conform to the classification of goods or services adopted by the United States Patent and Trademark Office.
(b) If a single electronic application includes goods or services that fall within multiple classes, the secretary may require payment of a fee for each class.
Formerly: Acts 1955, c.174, s.11; Acts 1959, c.256, s.5. As amended by P.L.152-1986, SEC.30; P.L.135-2006, SEC.13; P.L.128-2017, SEC.8; P.L.59-2018, SEC.7.
2023 Indiana Code › Title 24. Trade Regulation › Article 2. Trademarks, Trade Names, and Trade Secrets › Chapter 1. Trademark Act › 24-2-1-12. Damages for Fraudulent Registration

Sec. 12. (a) A person who shall for himself or herself, or on behalf of any other person, procure the filing or registration of any mark in the office of the secretary under this chapter by knowingly making a false or fraudulent representation or declaration orally, in writing, or by other fraudulent means, is liable for all damages sustained in consequence of the filing or registration.
(b) The damages may be recovered by or on behalf of the injured party in a court of competent jurisdiction.
Formerly: Acts 1955, c.174, s.12. As amended by P.L.135-2006, SEC.14.
2023 Indiana Code › Title 24. Trade Regulation › Article 2. Trademarks, Trade Names, and Trade Secrets › Chapter 1. Trademark Act › 24-2-1-13. Infringement

Sec. 13. Subject to the provisions of section 15 of this chapter, a person who:
(1) uses, without the consent of the registrant, a reproduction, counterfeit, copy, or colorable imitation of a mark registered under this chapter:
(A) in connection with the sale, offering for sale, distribution, or advertising of goods or services; or
(B) on or in connection with which the use is likely to cause confusion or mistake, or result in deception regarding the source of origin of the goods or services; or
(2) reproduces, counterfeits, or copies a mark or colorably imitates a mark and applies the reproduction, counterfeit, copy, or colorable imitation to labels, signs, prints, packages, wrappers, receptacles, or advertisements intended to be used:
(A) in connection with the sale or other distribution of the goods or services in Indiana; or
(B) on the goods or services;
is liable in a civil action brought by the registrant for the remedies provided in this chapter, except that under subdivision (2) the registrant is not entitled to recover profits or damages unless the acts have been committed with the intent to cause deception, confusion, or mistake.
Formerly: Acts 1955, c.174, s.13; Acts 1959, c.256, s.6. As amended by P.L.152-1986, SEC.31; P.L.135-2006, SEC.15.
2023 Indiana Code › Title 24. Trade Regulation › Article 2. Trademarks, Trade Names, and Trade Secrets › Chapter 1. Trademark Act › 24-2-1-13.5. Fanciful Marks; Famous Marks; Injunctive Relief; Remedies; Attorney's Fees

Sec. 13.5. (a) This section applies only to fanciful marks, except in cases where the other person's use tarnishes the reputation of the famous mark.
(b) An owner of a mark that is famous in Indiana is entitled, subject to the principles of equity and terms a court considers reasonable, to an injunction against another person's commercial use of the mark or trade name if the other person's use begins after the mark has become famous and the other person's use causes dilution of the distinctive quality of the mark, and to other relief provided in this section. In determining whether a mark is distinctive and famous, a court may consider factors such as:
(1) the degree of inherent or acquired distinctiveness of the mark in Indiana;
(2) the duration and extent of use of the mark in connection with the goods or services with which the mark is used;
(3) the duration and extent of advertising and publicity of the mark in Indiana;
(4) the geographical extent of the trading area in which the mark is used;
(5) the channels of trade for the goods or services with which the mark is used;
(6) the degree of recognition of the mark in the trading areas and channels of trade in Indiana as it relates to the use of the mark by the:
(A) mark's owner; and
(B) person against whom the injunction is sought;
(7) the nature and extent of use of the same or a similar mark by a third party; and
(8) whether the mark is the subject of a:
(A) registration in Indiana;
(B) federal registration under the Act of March 3, 1881;
(C) federal registration under the Act of February 20, 1905; or
(D) registration on the principal register.
(c) In an action brought under this section, the owner of a famous mark is entitled only to injunctive relief unless the person against whom the injunctive relief is sought willfully intended to trade on the owner's reputation or to cause dilution of the famous mark. If willful intent is proven, the owner of the famous mark is entitled to the other remedies set forth in this section, subject to the discretion of the court and the principles of equity.
(d) A court may require a defendant to pay to the owner of a mark all profits derived from and damages suffered by reason of the use of the mark in violation of this section and, in exceptional cases, may award reasonable attorney's fees to the prevailing party.
(e) The following are not actionable under this section:
(1) Fair use of a famous mark by another person in comparative commercial advertising or promotion to identify the competing goods or services of the owner of the famous mark.
(2) Noncommercial use of the mark.
(3) All forms of news reporting and news commentary.
As added by P.L.135-2006, SEC.16.
2023 Indiana Code › Title 24. Trade Regulation › Article 2. Trademarks, Trade Names, and Trade Secrets › Chapter 1. Trademark Act › 24-2-1-14. Remedies

Sec. 14. (a) An owner of a mark registered under this chapter may bring an action to enjoin the use of any mark in violation of section 13 of this chapter and the manufacture, display, or sale of any goods or services identified by the mark and a court of competent jurisdiction may grant an injunction to restrain the use of the mark and the manufacture, display, or sale of the goods or services as the court considers just and reasonable.
(b) A court may:
(1) require a defendant to pay to the owner of a mark all:
(A) profits derived from; and
(B) damages suffered by reason of; the wrongful manufacture, display, or sale of the goods or services; and
(2) order that the goods or item bearing the mark in the possession or under the control of a defendant in the case be delivered to an officer of the court or to the complainant to be destroyed.
(c) In addition to amounts a court may award under subsection (b), a court may enter judgment for:
(1) an amount not to exceed the greater of:
(A) three (3) times the profits derived from; or
(B) three (3) times the damages suffered by reason of;
the intentional use of a counterfeit mark, knowing it to be a counterfeit in connection with the goods or services for which the mark is registered; and
(2) in exceptional cases, reasonable attorney's fees to the prevailing party.
(d) The invocation of a right or remedy in this chapter does not affect a registrant's right to prosecution under a penal law.
Formerly: Acts 1955, c.174, s.14. As amended by P.L.152-1986, SEC.32; P.L.135-2006, SEC.17.
2023 Indiana Code › Title 24. Trade Regulation › Article 2. Trademarks, Trade Names, and Trade Secrets › Chapter 1. Trademark Act › 24-2-1-14.5. Cancellation; Action to Compel Registration; Jurisdiction

Sec. 14.5. (a) An action for cancellation of a mark registered under this chapter or an action to compel registration of a mark under this chapter must be brought in a court with jurisdiction in Indiana.
(b) In an action for cancellation of a mark, the secretary:
(1) may not be made a party to an action;
(2) must be notified of the filing of a complaint in an action by the clerk of the court in which the complaint is filed; and
(3) is entitled to intervene in an action for cancellation of a mark.
(c) In an action brought against a nonresident registrant, service may be effected upon the secretary as agent for service of the registrant in accordance with the procedures established for service upon nonresident corporations and business entities.
As added by P.L.135-2006, SEC.18.
2023 Indiana Code › Title 24. Trade Regulation › Article 2. Trademarks, Trade Names, and Trade Secrets › Chapter 1. Trademark Act › 24-2-1-15. Common Law Rights

Sec. 15. This chapter does not adversely affect the rights or the enforcement of rights in a mark acquired in good faith at any time at common law.
Formerly: Acts 1955, c.174, s.15. As amended by P.L.135-2006, SEC.19.
2023 Indiana Code › Title 24. Trade Regulation › Article 2. Trademarks, Trade Names, and Trade Secrets › Chapter 1. Trademark Act › 24-2-1-15.3. Fees

Sec. 15.3. (a) The secretary shall collect the following fees for a document delivered under this article:
(1) An application fee of ten dollars ($10).
(2) A renewal fee of ten dollars ($10).
(3) A recording fee of ten dollars ($10).
(b) A fee collected under subsection (a) is nonrefundable.
As added by P.L.135-2006, SEC.20. Amended by P.L.128-2017, SEC.9.
2023 Indiana Code › Title 24. Trade Regulation › Article 2. Trademarks, Trade Names, and Trade Secrets › Chapter 1. Trademark Act › 24-2-1-16. Repealed

Formerly: Acts 1955, c.174, s.17. As amended by P.L.152-1986, SEC.33. Repealed by P.L.135-2006, SEC.21.
2023 Indiana Code › Title 24. Trade Regulation › Article 2. Trademarks, Trade Names, and Trade Secrets › Chapter 2. Misleading Trade Names › 24-2-2-1. Use of Terms Leading Buyer to Believe That Seller Is Governmental Agency

Sec. 1. It shall be unlawful for any person, firm, limited liability company, corporation or association, not an agency or instrumentality of the United States government, selling or offering for sale goods, wares or merchandise, to use or cause or permit to be used in the corporate or trade-name, or description of the seller or of the place where the goods, wares or merchandise are offered for sale, any of the following words or expressions, viz., "Army," "Navy," "Marine Corps," "Marines," "Coast Guard," "Government," "Post Exchange," "P-X," or "G.I."; or any word or expression which may lead the public to believe that the seller or the place is owned, operated or managed by the United States government or its military or naval forces or any agency of the United States government.
Formerly: Acts 1947, c.143, s.1. As amended by P.L.8-1993, SEC.340.
2023 Indiana Code › Title 24. Trade Regulation › Article 2. Trademarks, Trade Names, and Trade Secrets › Chapter 2. Misleading Trade Names › 24-2-2-2. Untruthful Representation; United States Government Surplus

Sec. 2. No person, firm, limited liability company, corporation or association selling or offering for sale any article of merchandise, shall in any manner represent, contrary to fact, that the article was made for, or acquired directly or indirectly from, the United States government or its military or naval forces or any agency of the United States government, or that the article conforms to government specifications or requirements, or that it has been disposed of by the United States government.
Formerly: Acts 1947, c.143, s.2. As amended by P.L.8-1993, SEC.341.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.