§ 24-2-1-13 — Infringement

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.