Indiana § 24-2-3-3 Injunction against misappropriation; exceptional circumstances

Indiana Statutes

§ 24-2-3-3 — Injunction against misappropriation; exceptional circumstances

Indiana § 24-2-3-3

Art. 2TRADEMARKS, TRADE NAMES, AND TRADE

Ch. 3Trade Secrets

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Bluebook

Ind. Code § 24-2-3-3 (2026).

Text

(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.

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(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.