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Terms Used In Kansas Statutes 60-3323

  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Misappropriation: means :

    (i) 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

    (ii) disclosure or use of a trade secret of another without express or implied consent by a person who

    (A) used improper means to acquire knowledge of the trade secret; or

    (B) at the time of disclosure or use, knew or had reason to know that his knowledge of the trade secret was

    (I) derived from or through a person who had utilized improper means to acquire it;

    (II) acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or

    (III) derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or

    (C) before a material change of his 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 Kansas Statutes 60-3320

If (i) a claim of misappropriation is made in bad faith, (ii) a motion to terminate an injunction is made or resisted in bad faith, or (iii) willful and malicious misappropriation exists, the court may award reasonable attorney’s fees to the prevailing party.