Indiana Code
Ind. Code § 24-2-3-8 (2026)
Continuing misappropriation commenced before September 1, 1982
✓ current as of May 2026
Sec. 8. If a continuing misappropriation otherwise covered by this chapter began before September 1, 1982, the chapter does not apply to the part of the misappropriation that occurred before that date. It does apply to the part that occurs after August 31, 1982, unless the appropriation was not a misappropriation under the law displaced by this chapter.
As added by Acts 1982, P.L.148, SEC.1. Amended by P.L.137-2021, SEC.2.
IC 24-3ARTICLE 3. TOBACCO PRODUCTS
Ch. 1.Repealed
Ch. 2.Cigarette Fair Trade Act
Ch. 3.Qualified Escrow Fund for Tobacco Product
Manufacturers
Ch. 3.5.Tobacco Qualified Escrow Fund Proceedings
Ch. 4.Cigarettes Produced for Export; Imported
Cigarettes
Ch. 5.Delivery Sales of Tobacco Products
Ch. 5.2.Repealed
Ch. 5.4.Master Settlement Agreement Protection Act
Ch. 6.Contraband Cigarettes
Ch. 7.Nicotine Liquid Container Packaging
IC 24-3-1Chapter 1. Repealed
Repealed by Acts 1978, P.L.2, SEC.2426.
IC 24-3-2Chapter 2. Cigarette Fair Trade Act
24-3-2-1Declaration of policy
24-3-2-2Definitions
24-3-2-3Sale at less than cost; penalty
24-3-2-4Sale of multiple items at combined price
24-3-2-4.7Failure to provide documentary evidence of
distributor; penalty; seizure of cigarettes or other
tobacco products
24-3-2-5Cost to the distributor; further definition
24-3-2-6Exceptions
24-3-2-7Sale to meet price of competitor
24-3-2-8Contract in violation of chapter; contract
24-3-2-9Evidence to establish cost
24-3-2-10Evidence of price outside ordinary channels of
trade
24-3-2-11Cost survey as evidence
24-3-2-12Injunction
24-3-2-13Rules; powers of department
Notes of Decisions
Cited in 3
cases, 1988–2005 · leading case: Ackerman v. Kimball Int'l, Inc., 652 N.E.2d 507 (Ind. 1995).
Ackerman v. Kimball Int'l, Inc., 652 N.E.2d 507 (Ind. 1995). “We reject Ackerman's argument that Indiana Code § 24-2-3-8(a), which permits a court to enjoin "actual or threatened misappropriation" of trade secrets, does not permit a court to enjoin the acceptance of employment with a competitor who might benefit from the misappropriation.”
Paramanandam v. Herrmann, 827 N.E.2d 1173 (Ind. Ct. App. 2005). “Such actions have caused and will cause substantial and irreparable damage to Dynamic Scales' business interests and should be enjoined by the Court under I.C. § 24-2-3-8 for such period of time as is nee-essary in order to eliminate the commercial advantage that Scorpion has…”
Wolfe v. Tuthill Corp., Full-rite Div., 532 N.E.2d 1 (Ind. 1988). “Tuthill cites Ind.Code § 24-2-3-8, which states: "If a continuing misappropriation otherwise covered by this chapter began before September 1, 1982, the chapter does not apply to the part of the misappropriation that occurred before that date.”
— Ind. Code § 24-2-3-8(a) — 2 cases
Ackerman v. Kimball Int'l, Inc., 652 N.E.2d 507 (Ind. 1995). “We reject Ackerman's argument that Indiana Code § 24-2-3-8(a), which permits a court to enjoin "actual or threatened misappropriation" of trade secrets, does not permit a court to enjoin the acceptance of employment with a competitor who might benefit from the misappropriation.”
Paramanandam v. Herrmann, 827 N.E.2d 1173 (Ind. Ct. App. 2005). “Such actions have caused and will cause substantial and irreparable damage to Dynamic Scales' business interests and should be enjoined by the Court under I.C. § 24-2-3-8 for such period of time as is nee-essary in order to eliminate the commercial advantage that Scorpion has…”
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treatment. Dots show Syfertize treatment of the citing case itself.