2017 Missouri Revised Statutes
Title XXVI TRADE AND COMMERCE
Chapter 417 Trademarks, Names and Private Emblems
Section 417.457 Damages for misappropriation — punitive damages awarded, when.

Universal Citation: MO Rev Stat § 417.457 (2017)

Effective 28 Aug 1995

Title XXVI TRADE AND COMMERCE

Chapter 417

417.457. Damages for misappropriation — punitive damages awarded, when. — 1. Except to the extent that a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation renders a monetary recovery inequitable, a complainant is entitled to recover damages for misappropriation. Damages can include both the actual loss caused by misappropriation and the unjust enrichment caused by misappropriation that is not taken into account in computing actual loss. In lieu of damages measured by any other methods, the damages caused by misappropriation may be measured by imposition of liability for a reasonable royalty for a misappropriator's unauthorized disclosure or use of a trade secret.

2. If misappropriation is outrageous because of the misappropriator's evil motive or reckless indifference to the rights of others, the court may award punitive damages.

(L. 1995 S.B. 80 & 88 § 4)

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