Missouri Revised Statutes
Chapter 417 - Trademarks, Names and Private Emblems
Section 417.455 - Misappropriation, actual or threatened may be enjoined — injunction terminates, when — exceptional circumstances, defined.

Effective - 28 Aug 1995
417.455. Misappropriation, actual or threatened may be enjoined — injunction terminates, when — exceptional circumstances, defined. — 1. 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, but the injunction may be continued for an additional reasonable period of time in order to eliminate commercial advantage that otherwise would be derived from the misappropriation.
2. In exceptional circumstances, an injunction may condition future use upon payment of a reasonable royalty for no longer than the period of time for which use could have been prohibited. Exceptional circumstances include, but are not limited to, a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation that renders a prohibitive injunction inequitable.
3. In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order.
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(L. 1995 S.B. 80 & 88 § 3)

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Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XXVI - Trade and Commerce

Chapter 417 - Trademarks, Names and Private Emblems

Section 417.005 - Definitions.

Section 417.011 - Prohibited marks.

Section 417.016 - Registration of trademark — application, contents — information required by secretary of state — fee, how payable — refusal to register mark, procedure.

Section 417.018 - Additional fee — expiration date.

Section 417.021 - Certificate of registration, how issued — admissible as evidence — duplicate of certificate, application, fee — abstract of mark, fee.

Section 417.026 - Term of registration — notice of expiration, when required.

Section 417.031 - Assignment of mark, procedure.

Section 417.036 - Registry of marks open to public.

Section 417.041 - Cancellation of marks, when.

Section 417.046 - Classes of goods and services — single application for mark to cover only one class.

Section 417.051 - Fraudulent filing or registration — civil damages to injured party.

Section 417.056 - Prohibited acts — civil action for damages, when.

Section 417.061 - Injunctive relief, when — order for payment to owner of mark — destruction of counterfeit marks.

Section 417.066 - Common law marks not affected — actions to require cancellation of a mark or to compel registration, venue, parties.

Section 417.100 - Facsimile of brands to be recorded.

Section 417.130 - Recorder's certificate, evidence.

Section 417.140 - Penalty.

Section 417.150 - Misuse of names of certain societies prohibited.

Section 417.160 - Use of emblems regulated.

Section 417.170 - Adoption of name and emblem — registration form, fee.

Section 417.175 - Registration of emblem effective for five years, renewal procedure, fee.

Section 417.180 - Penalty for violation.

Section 417.190 - Penalty for improper use of emblem of automobile club.

Section 417.200 - Fictitious names to be registered.

Section 417.210 - Registration, when and how — contents — cancellation of fictitious name — ownership reflected in registration, when — registration effective and expiration dates — renewals, contents, effective date.

Section 417.217 - Foreign businesses, registration, when — exemption from, when.

Section 417.220 - Registration fee.

Section 417.230 - Penalty for failure to register.

Section 417.240 - Owner of farm may register name of same.

Section 417.250 - Description of mark, where filed — notice of use.

Section 417.260 - Duties of recorder and secretary of state — fees.

Section 417.270 - Penalty for violation.

Section 417.280 - What constitutes evidence.

Section 417.290 - Acceptance of deposit does not constitute a sale.

Section 417.300 - Dairy products containers — description, where filed — notice, how published — certificate of record.

Section 417.310 - Receptacles — unlawful use.

Section 417.320 - Receptacles — unlawful possession.

Section 417.330 - Search warrants — prosecution.

Section 417.340 - Penalty.

Section 417.350 - Terms construed.

Section 417.360 - "Sale" construed.

Section 417.400 - Definitions.

Section 417.403 - Disclosures required to be made in writing by invention developer to customer, content.

Section 417.406 - Contract for invention development services, form, content.

Section 417.409 - Cover sheet required for contract content — additional information on cover prohibited.

Section 417.412 - Termination of contract, procedure — service on contract not required, when.

Section 417.415 - Bond required for invention developer, when, amount — copy to be filed with department of economic development — cash deposit accepted instead of bond.

Section 417.418 - Payment for services to be by check — taking other negotiable instrument, effect — contract limitation — execution of note or series of notes prohibited.

Section 417.421 - Records and correspondence retention requirement — customer's right to copy, cost, procedure.

Section 417.424 - Contract unenforceable against customer, when, exceptions — waiver by customer void, exception.

Section 417.426 - False or fraudulent statements, failure to make required disclosures, civil liability — damages — punitive damages, when — attorney general's duties.

Section 417.427 - Confidentiality of all disclosures by customer, exceptions — waiver by customer must be in writing after receiving disclosure.

Section 417.430 - Assignee of invention developer subject to all claims and defenses of customer.

Section 417.433 - Report in writing to be delivered quarterly to customer — content.

Section 417.436 - Invention developer law not exclusive subject to applicable laws.

Section 417.450 - Law how cited.

Section 417.453 - Definitions.

Section 417.455 - Misappropriation, actual or threatened may be enjoined — injunction terminates, when — exceptional circumstances, defined.

Section 417.457 - Damages for misappropriation — punitive damages awarded, when.

Section 417.459 - Court's duty in misappropriation, action to preserve secrecy of trade secret.

Section 417.461 - Action for misappropriation must be brought when, time limitation — continuing misappropriation is one claim.

Section 417.463 - Action for misappropriation displaces certain other actions for recovery — actions civil and criminal not affected.

Section 417.465 - Purpose of the uniform law.

Section 417.467 - Effect of existing misappropriation prior to August 28, 1995.