Montana Code 30-14-405. Costs and attorney fees
30-14-405. Costs and attorney fees. If a claim of misappropriation is made in bad faith, a motion to terminate an injunction is made or resisted in bad faith, or willful and malicious misappropriation exists, the court may award reasonable costs and attorney fees to the prevailing party.
Terms Used In Montana Code 30-14-405
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Misappropriation: means :
(a)acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or
(b)disclosure or use of a trade secret of another without express or implied consent by a person who:
(i)used improper means to acquire knowledge of the trade secret;
(ii)at the time of disclosure or use, knew or had reason to know that the person's knowledge of the trade secret was:
(A)derived from or through a person who had used improper means to acquire it;
(B)acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or
(C)derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or
(iii)before a material change of the person's position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake. See Montana Code 30-14-402