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.
Structure Indiana Code
Article 2. Trademarks, Trade Names, and Trade Secrets
24-2-1-0.1. Application of Certain Amendments to Chapter
24-2-1-0.5. Intent; Judicial or Administrative Interpretation
24-2-1-4. Electronic Application
24-2-1-5. Certificate of Registration
24-2-1-6. Duration and Renewal
24-2-1-7. Renewal of Registration in Force on July 1, 2006
24-2-1-8.5. Certificate of Change of Name
24-2-1-10. Registration Cancellation
24-2-1-11. Rules; Classification of Goods and Services; Electronic Application
24-2-1-12. Damages for Fraudulent Registration
24-2-1-13.5. Fanciful Marks; Famous Marks; Injunctive Relief; Remedies; Attorney's Fees
24-2-1-14.5. Cancellation; Action to Compel Registration; Jurisdiction