32-36-1-9. Jurisdictional Acts
Sec. 9. A person who: (1) engages in conduct within Indiana that is prohibited under section 8 of this chapter; (2) creates or causes to be created within Indiana goods, merchandise, or other materials prohibited under section 8 of this chapter; (3) transports or causes to be transported into Indiana goods, merchandise, or other materials […]
32-36-1-10. Damages
Sec. 10. A person who violates section 8 of this chapter may be liable for any of the following: (1) Damages in the amount of: (A) one thousand dollars ($1,000); or (B) actual damages, including profits derived from the unauthorized use; whichever is greater. (2) Treble or punitive damages, as the injured party may elect, […]
32-36-1-11. Profits Derived From Unauthorized Use; Proof
Sec. 11. In establishing the amount of the profits under section 10(1)(B) of this chapter: (1) the plaintiff is required to prove the gross revenue attributable to the unauthorized use; and (2) the defendant is required to prove properly deductible expenses. [Pre-2002 Recodification Citation: 32-13-1-11.] As added by P.L.2-2002, SEC.21.
32-36-1-12. Additional Remedies
Sec. 12. In addition to any damages awarded under section 10 of this chapter, the court: (1) shall award to the prevailing party reasonable attorney’s fees, costs, and expenses relating to an action under this chapter; and (2) may order temporary or permanent injunctive relief, except as provided by section 13 of this chapter. [Pre-2002 […]
32-36-1-13. Injunctive Relief; Enforceability Against News Reporting or Entertainment Medium
Sec. 13. Injunctive relief is not enforceable against a news reporting or an entertainment medium that has: (1) contracted with a person for the publication or broadcast of an advertisement; and (2) incorporated the advertisement in tangible form into material that has been prepared for broadcast or publication. [Pre-2002 Recodification Citation: 32-13-1-13.] As added by […]
32-36-1-14. Impoundment of Materials Pending Resolution of Action
Sec. 14. (a) This section does not apply to a news reporting or an entertainment medium. (b) During any period that an action under this chapter is pending, a court may order the impoundment of: (1) goods, merchandise, or other materials claimed to have been made or used in violation of section 8 of this […]
32-36-1-15. Destruction or Other Disposition of Offending Materials
Sec. 15. (a) This section does not apply to a news reporting or an entertainment medium. (b) As part of a final judgment or decree, a court may order the destruction or other reasonable disposition of items described in section 14(b) of this chapter. [Pre-2002 Recodification Citation: 32-13-1-15.] As added by P.L.2-2002, SEC.21.
32-36-1-16. Property Rights
Sec. 16. The rights recognized under this chapter are property rights, freely transferable and descendible, in whole or in part, by the following: (1) Contract. (2) License. (3) Gift. (4) Trust. (5) Testamentary document. (6) Operation of the laws of intestate succession applicable to the state administering the estate and property of an intestate deceased […]
32-36-1-17. Exercise and Enforcement of Rights and Remedies
Sec. 17. (a) The written consent required by section 8 of this chapter and the rights and remedies set forth in this chapter may be exercised and enforced by: (1) a personality; or (2) a person to whom the recognized rights of a personality have been transferred under section 16 of this chapter. (b) If […]
32-36-1-18. Exercise and Enforcement of Rights and Remedies Following Death of Intestate Personality; Fractional Interests
Sec. 18. (a) Subject to sections 16 and 17 of this chapter, after the death of an intestate personality, the rights and remedies of this chapter may be exercised and enforced by a person who possesses a total of not less than one-half (1/2) interest of the personality’s recognized rights. (b) A person described in […]