Oklahoma Statutes
§ 78-88 — Damages.
Oklahoma § 78-88
JurisdictionOklahoma
Title 78Trade Marks And Labels
This text of Oklahoma § 78-88 (Damages.) is published on Counsel Stack Legal Research, covering Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Okla. Stat. tit. 78, § 78-88 (2026).
Text
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 pu
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Legislative History
Added by Laws 1986, c. 85, § 4, eff. Nov. 1, 1986.
Nearby Sections
15
§ 78-101
Short title.§ 78-102
Definitions.§ 78-104
Injunctions.§ 78-105
Civil penalty.§ 78-13
Repealed§ 78-21
Definitions.§ 78-22
Registrability.§ 78-24
Certificate of registration.§ 78-25
Duration and renewal.§ 78-26
Assignment.§ 78-27
Records.§ 78-28
Cancellation.§ 78-29
Classification.Cite This Page — Counsel Stack
Bluebook (online)
Oklahoma § 78-88, Counsel Stack Legal Research, https://law.counselstack.com/statute/ok/78/78-88.