Indiana § 24-2-3-4 Damages for misappropriation and unjust enrichment; royalty;
exemplary damages

Indiana Statutes

§ 24-2-3-4 — Damages for misappropriation and unjust enrichment; royalty; exemplary damages

Indiana·Art. 2 TRADEMARKS, TRADE NAMES, AND TRADE·Ch. 3 Trade Secrets

(a)In addition to or in lieu of injunctive relief, a complainant may recover damages for the actual loss caused by misappropriation. A complainant also may recover for the unjust enrichment caused by misappropriation that is not taken into account in computing damages for actual loss.

(b)When neither damages nor unjust enrichment are provable, the court may order payment of a reasonable royalty for no longer than the period during which the use could have been prohibited.

(c)If willful and malicious misappropriation exists, the court may award exemplary damages in an amount not exceeding twice any award made under subsection (a). As added by Acts 1982, P.L.148, SEC.1. Amended by P.L.50-1984, SEC.4.

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(a) In addition to or in lieu of injunctive relief,
a complainant may recover damages for the actual loss caused by
misappropriation. A complainant also may recover for the unjust
enrichment caused by misappropriation that is not taken into account
in computing damages for actual loss.
(b) When neither damages nor unjust enrichment are provable, the
court may order payment of a reasonable royalty for no longer than the
period during which the use could have been prohibited.
(c) If willful and malicious misappropriation exists, the court may
award exemplary damages in an amount not exceeding twice any award
made under subsection (a).
As added by Acts 1982, P.L.148, SEC.1. Amended by
P.L.50-1984, SEC.4.

Indiana § 24-2-3-4 (Damages for misappropriation and unjust enrichment; royalty; exemplary damages) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.