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Code · Kentucky · Chapter 365 — Trade practices

365.882 Injunctive relief.

133 words·~1 min read·/ky/chapter-365/365-882

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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 shall include, but not be 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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