misappropriation

Defined in 5 dictionaries — U.S. Code, Cyclopedic (1922), Ballentine's (1916), Bouvier (1914), Black's (1910)

United States Code

18 U.S.C. § 1839 — as used in this chapter

the term “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 knowledge of the trade secret was—

(I) derived from or through a person who had used improper means to acquire the trade secret;

(II) acquired under circumstances giving rise to a duty to maintain the secrecy of the trade secret or limit the use of the trade secret; or

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

(iii) before a material change of the position of the person, knew or had reason to know that—

(I) the trade secret was a trade secret; and

(II) knowledge of the trade secret had been acquired by accident or mistake;

The Cyclopedic Law Dictionary

Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

Wrongful conversion of property by one to whom it has been intrusted. Steph. Dig. Crim. Law, 275. Somewhat similar to embezzlement in certain cases, as the misapplication cf funds intrusted to a person for a particular purpose, by devoting them to some unauthorized purpose. 108 Cal. 426.

Ballentine's Law Dictionary

James A. Ballentine · 1916

The wrongful assumption of dominion over the property of another.

Bouvier's Law Dictionary and Concise Encyclopedia

John Bouvier; revised by Francis Rawle · 1914

It is not a technical term of law, but it is sometimes applied to the misdemeanor which is committed by a banker, factor, agent, trustee, etc., who fraudulently deals with money, goods, company who fraudulently misapplies aoy of its property. Sweet. L. Diet. See Embezzlement.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

This is not a technical term of law, but it ls sometimes applied to the misdemeanor which ls committed by a banker, factor, agent, trustee, etc, who fraudulently deals with money, goods, sechrlties, etc., intrusted to him or by a director or public officor of a corporation or company who fraudulently misapplies any of its property. Steph. Crim. Dig. 257, et seq.; Sweet. And sce Winchester v. Howard, 136 Cal. 432, 64 Pac. 692, 89 Am. St. Rep. 153; Frey v. Torrey, 70 App. Div. 166, 75 N. Y. Supp. 40.