(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
disclosure or use of a trade secret.
(2) If the misappropriation is attended by circumstances of fraud, malice, or a willful and
wanton disregard of the injured party's right and feelings, the court or the jury may award
exemplary damages in an amount not exceeding the award made under subsection (1) of this
section.
Source: L. 86: Entire article added, p. 461, § 1, effective July 1.
Notes of Decisions
Sonoco Prods. Co. v. Johnson, 23 P.3d 1287 (Colo. Ct. App. 2001).
· cites it 7× “Misappropriation consists only of the improper disclosure or acquisition of the trade secret. Sections 7-74-102(2)(a), T-74-102(2)(b), - _ Additionally, reasonable royalty damages are allowed for "a misappropriator's disclosure or use of a trade secret.”
Electrology Lab'y, Inc. v. Kunze, 169 F. Supp. 3d 1119 (D. Colo. 2016).
· cites it 2× “Pursuant to C.R.S. § 7-74-104(2), “[i]f the misappropriation is attended by circumstances of fraud, malice, or a willful and wanton disregard of the injured party’s right and feelings, the court.”
Comput. Assocs. Int'l, Inc. v. Am. Fundware, Inc., 831 F. Supp. 1516 (D. Colo. 1993).
· cites it 2× “” Colo.Rev.Stat. § 7-74-104(1) (1986). While this statute, Colorado’s adoption of the Uniform Trade Secrets Act, does not apply because the misappropriation in this case occurred before the effective date of, the Act, see id.”
MGA Home Healthcare Colorado, LLC v. Thun (D. Colo. 2023).
· cites it 2× “(emphasis in original) (quoting Colo. Rev. Stat. § 7-74-104 (1)). And, for its part, the DTSA provides that, “in a civil action for trade secret misappropriation ‘a court may .”
Geostabilization Int'l LLC v. Anderson (D. Colo. 2025).
· cites it 2× “§ 7-74-104 (2). KUTSA, on the other hand, provides that, “[i]f willful and malicious appropriation exists, the court may award exemplary damages in an amount not exceeding twice any award made under subsection (1).”
— Colo. Rev. Stat. § 7-74-104(1) — 3 cases
Sonoco Prods. Co. v. Johnson, 23 P.3d 1287 (Colo. Ct. App. 2001).
“Misappropriation consists only of the improper disclosure or acquisition of the trade secret. Sections 7-74-102(2)(a), T-74-102(2)(b), - _ Additionally, reasonable royalty damages are allowed for "a misappropriator's disclosure or use of a trade secret.”
Comput. Assocs. Int'l, Inc. v. Am. Fundware, Inc., 831 F. Supp. 1516 (D. Colo. 1993).
“” Colo.Rev.Stat. § 7-74-104(1) (1986). While this statute, Colorado’s adoption of the Uniform Trade Secrets Act, does not apply because the misappropriation in this case occurred before the effective date of, the Act, see id.”
Geostabilization Int'l LLC v. Anderson (D. Colo. 2025).
“§ 7-74-104 (2). KUTSA, on the other hand, provides that, “[i]f willful and malicious appropriation exists, the court may award exemplary damages in an amount not exceeding twice any award made under subsection (1).”
— Colo. Rev. Stat. § 7-74-104(2) — 2 cases
Electrology Lab'y, Inc. v. Kunze, 169 F. Supp. 3d 1119 (D. Colo. 2016).
“Pursuant to C.R.S. § 7-74-104(2), “[i]f the misappropriation is attended by circumstances of fraud, malice, or a willful and wanton disregard of the injured party’s right and feelings, the court.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.