2016 Indiana Code TITLE 24. TRADE REGULATION ARTICLE 2. TRADEMARKS, TRADE NAMES, AND TRADE SECRETS CHAPTER 2. MISLEADING TRADE NAMES
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IC 24-2-2
Chapter 2. Misleading Trade Names
IC 24-2-2-1
Use of terms leading buyer to believe that seller is governmental
agency
Sec. 1. It shall be unlawful for any person, firm, limited liability
company, corporation or association, not an agency or
instrumentality of the United States government, selling or offering
for sale goods, wares or merchandise, to use or cause or permit to be
used in the corporate or trade-name, or description of the seller or of
the place where the goods, wares or merchandise are offered for sale,
any of the following words or expressions, viz., "Army," "Navy,"
"Marine Corps," "Marines," "Coast Guard," "Government," "Post
Exchange," "P-X," or "G.I."; or any word or expression which may
lead the public to believe that the seller or the place is owned,
operated or managed by the United States government or its military
or naval forces or any agency of the United States government.
(Formerly: Acts 1947, c.143, s.1.) As amended by P.L.8-1993,
SEC.340.
IC 24-2-2-2
Untruthful representation; United States government surplus
Sec. 2. No person, firm, limited liability company, corporation or
association selling or offering for sale any article of merchandise,
shall in any manner represent, contrary to fact, that the article was
made for, or acquired directly or indirectly from, the United States
government or its military or naval forces or any agency of the
United States government, or that the article conforms to government
specifications or requirements, or that it has been disposed of by the
United States government.
(Formerly: Acts 1947, c.143, s.2.) As amended by P.L.8-1993,
SEC.341.
IC 24-2-2-3
Violations
Sec. 3. A person who recklessly violates this chapter commits a
Class C misdemeanor.
(Formerly: Acts 1947, c.143, s.3.) As amended by Acts 1978, P.L.2,
SEC.2407.
IC 24-2-2-4
Action for continuing violations; injunction; criminal prosecution
Sec. 4. 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
Indiana Code 2016
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 therefor 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 therein,
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.
Indiana Code 2016
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