§ 24-2-1-14 — Remedies

Indiana § 24-2-1-14

• Jurisdiction: Indiana
• Art. 2: TRADEMARKS, TRADE NAMES, AND TRADE
• Ch. 1: Trademark Act

Text

(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.