2017 Indiana Code
TITLE 24. Trade Regulation
ARTICLE 2. TRADEMARKS, TRADE NAMES, AND TRADE SECRETS
CHAPTER 2. Misleading Trade Names
24-2-2-4. Action for continuing violations; injunction; criminal prosecution

Universal Citation: IN Code § 24-2-2-4 (2017)
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 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.

 

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