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Ohio Rev. Code Ann. § 1333.62

Injunction against misappropriation

Known as the Uniform Trade Secrets Act

The act spans §§ 1333–1333 (67 sections).

Applied in 7 court decisions — leading case Patio Enclosures, Inc. v. Herbst (2002)

Most recently applied in Allied Erecting & Dismantling Co. v. Genesis Equipment & Manufacturing, Inc. (November 2015)

Effective: July 20, 1994; Latest Legislation: House Bill 320 - 120th General Assembly

How often courts cite this section

199720002010201510
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.

(A) Actual or threatened misappropriation may be enjoined. Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist, unless the court finds that termination of the injunction is likely to provide a person who committed an actual or threatened misappropriation with a resulting commercial advantage, in which case the injunction shall be continued for an additional reasonable time in order to eliminate commercial advantage that otherwise would be derived from the misappropriation.

(B) In exceptional circumstances, an injunction may condition future use upon payment of a reasonable royalty for no longer than the time for which use could have been prohibited. Exceptional circumstances include a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation that renders a prohibitive injunction inequitable.

(C) In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order.

Official source: Ohio Laws & Administrative Rules (Legislative Service Commission). Reproduced from public-domain Ohio statutes; confirm against the official source for the current text. Not legal advice.