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Terms Used In Utah Code 13-24-5

  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Misappropriation: means :
         (2)(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
         (2)(b) disclosure or use of a trade secret of another without express or implied consent by a person who:
              (2)(b)(i) used improper means to acquire knowledge of the trade secret; or
              (2)(b)(ii) at the time of disclosure or use, knew or had reason to know that his knowledge of the trade secret was:
                   (2)(b)(ii)(A) derived from or through a person who had utilized improper means to acquire it;
                   (2)(b)(ii)(B) acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or
                   (2)(b)(ii)(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
              (2)(b)(iii) 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 Utah Code 13-24-2

     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 attorneys’ fees to the prevailing party.