Subject to the provisions of section 15 of this chapter, a person who:

1. (1) uses, without the consent of the registrant, a reproduction, counterfeit, copy, or colorable imitation of a mark registered under this chapter:

   1. (A) in connection with the sale, offering for sale, distribution, or advertising of goods or services; or
   2. (B) on or in connection with which the use is likely to cause confusion or mistake, or result in deception regarding the source of origin of the goods or services; or

2. (2) reproduces, counterfeits, or copies a mark or colorably imitates a mark and applies the reproduction, counterfeit, copy, or colorable imitation to labels, signs, prints, packages, wrappers, receptacles, or advertisements intended to be used:

   1. (A) in connection with the sale or other distribution of the goods or services in Indiana; or

   2. (B) on the goods or services;

      is liable in a civil action brought by the registrant for the remedies provided in this chapter, except that under subdivision (2) the registrant is not entitled to recover profits or damages unless the acts have been committed with the intent to cause deception, confusion, or mistake.

      Formerly: Acts 1955, c.174, s.13; Acts 1959, c.256, s.6. As amended by P.L.152-1986, SEC.31; P.L.135-2006, SEC.15.