Oklahoma Code § 78-88

Title 78. Trade Marks And Labels: Damages
Open in Lexace · Ask the AI about this section
A.  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.
B.  If willful and malicious misappropriation exists, the court
may award exemplary damages in an amount not exceeding twice any

award made pursuant to the provisions of subsection A of this
section.

‹ Prev All Oklahoma sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.