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Mont. Code Ann. § 30-14-404

Damages

Known as the Uniform Trade Secrets Act

The act spans §§ 30–30 (9 sections).

Applied in 3 court decisions — leading case Yeti by Molly Ltd Montana Corporation

Most recently applied in Yeti By Molly Ltd v. Deckers Outdoor Corporation (August 2001)

En

(1) 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 may 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 use of a trade secret.

(2) If willful and malicious misappropriation exists, the court may award exemplary damages.

Official source: Montana Code Annotated (Montana Legislature). Reproduced from public-domain Montana statutes; confirm against the official source for the current text. Not legal advice.