If (a) a claim of misappropriation is made in bad faith, or (b) a motion to terminate an injunction is made or resisted in bad faith, or (c) willful and malicious misappropriation occurs, the court may award reasonable attorney's fees to the prevailing party.

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Terms Used In West Virginia Code 47-22-4

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

    (1) 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. See West Virginia Code 47-22-1