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Mo. Rev. Stat. § 417.061

Injunctive relief, when — order for payment to owner of mark — destruction..

Known as the The Missouri Uniform Trade Secrets Act

The act spans §§ 417–417 (64 sections).

Applied in 23 court decisions — leading case Anheuser-Busch, Inc. v. Balducci Publications (1994)

Most recently applied in Phx. Entm't Partners, LLC v. Ryco Enters., LLC (February 2018)

Effective: 28 Aug 1995; (L. 1973 H.B. 281 §§ 12, 13, A.L. 1995 S.B. 80 & 88)

How often courts cite this section

199220002010201830
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

1. Likelihood of injury to business reputation or of dilution of the distinctive quality of a mark registered under sections 417.005 to 417.066, or a mark valid at common law, or a trade name valid at common law, shall be a ground for injunctive relief notwithstanding the absence of competition between the parties or the absence of confusion as to the source of goods or services.

2. Any owner of a mark registered under sections 417.005 to 417.066 may proceed by suit to enjoin the manufacturer, use, display or sale of any counterfeits or imitations thereof and any court of competent jurisdiction may grant injunctions to restrain such manufacture, use, display or sale as may be by the said court deemed just and reasonable, and may require the defendants to pay to such owner all profits derived from or damages suffered by reason of such wrongful manufacture, use, display or sale; and such court may also order that any such counterfeits or imitations in the possession or under the control of any defendant in such case be delivered to an officer of the court, or to the complainant, to be destroyed. The court, in its discretion, may enter judgment in such cases where the court finds that a party committed such wrongful acts with knowledge or in bad faith or otherwise as according to the circumstances of the case.

3. The enumeration of any right or remedy herein shall not affect a registrant's right to prosecute under any penal law of this state.

Official source: Missouri Revisor of Statutes. Reproduced from public-domain Missouri statutes; confirm against the official source for the current text. Not legal advice.