Misappropriation

Misappropriation is the acquisition of information by a person that knows or should have known that the information was acquired by improper means.  Person in this context generally means any legal or commercial entity.

Misappropriation refers to the non-consensual disclosure or use of a trade secret.  It includes information acquired under a duty of confidentiality or limited use.  It can even include information acquired by accident or mistake

Misappropriation or threatened misappropriation may be enjoined Equitable circumstances may permit future use of a trade secret upon payment of a reasonable royalty.

The owner of a trade secret may be entitled to damages, except in cases when the damages would be inequitable.  Damages can include actual damages, or unjust enrichment that is not taken into account for actual damages

Under circumstances of willful and malicious misappropriation, the owner of the trade secret may be awarded punitive damages.

If a claim of misappropriation is made in bad faith, or when willful and malicious misrepresentation exists, the prevailing party may be awarded attorney’s fees

If you have a question about misappropriation, askme at thedford@askmeip.com.