2021 Colorado Code
Title 7 - Corporations and Associations
Article 74 - Uniform Trade Secrets Act
§ 7-74-103. Injunctive Relief
Temporary and final injunctions including affirmative acts may be granted on such equitable terms as the court deems reasonable to prevent or restrain actual or threatened misappropriation of a trade secret.
History. Source: L. 86: Entire article added, p. 461, § 1, effective July 1.
ANNOTATION
No claim for misappropriation of trade secret. Nothing protectable was used by former employee when he took general business knowledge from one job to the next. Although misappropriation can be established without any copying or physical appropriation, business practices at best hold a tenuous claim to being trade secrets. Rivendell Forest Prods. v. Georgia-Pacific, 824 F. Supp. 961 (D. Colo. 1993 ).
Awards of both damages and injunctive relief are authorized under the Uniform Trade Secrets Act, but the trial court is not required to award both. The grant or denial of an injunction lies within the trial court's sound discretion and will be reversed on appeal only upon a showing of abuse of that discretion. Ovation Plumbing, Inc. v. Furton, 33 P.3d 1221 (Colo. App. 2001).
This section merely authorizes and does not mandate injunctive relief and thus does not allow a presumption of irreparable harm. First W. Capital Mgmt. Co. v. Malamed, 874 F.3d 1136 (10th Cir. 2017).
