§ 24-2-2-4 — Action for continuing violations; injunction; criminal prosecution

Indiana § 24-2-2-4

• Jurisdiction: Indiana
• Art. 2: TRADEMARKS, TRADE NAMES, AND TRADE
• Ch. 2: Misleading Trade Names

Text

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.