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Maine Revised Statutes

Me. Rev. Stat. tit. 10, § 1544 (2026)

Damages

✓ current as of May 2026

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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. [PL 1987, c. 143 (NEW).]

1. Measurement of damages. 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.

[PL 1987, c. 143 (NEW).]

2. Willful, malicious misappropriation. If willful and malicious misappropriation exists, the court may award exemplary damages in an amount not to exceed twice any award made under subsection 1.

[PL 1987, c. 143 (NEW).]

SECTION HISTORY

PL 1987, c. 143 (NEW).

Notes of Decisions

Cited in 5 cases, 1999–2019 · leading case: Spottiswoode v. Levine, 1999 ME 79 (Me. 1999).

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Spottiswoode v. Levine, 1999 ME 79 (Me. 1999). “RBK could not recover damages or obtain injunctive relief under the UTSA without establishing “misappropriation,” See 10 M.R.S.A § 1544. The term “misappropriation” means, inter alia: “[disclosure or use of a trade secret of another without express or implied consent by a person…”

Pearl Investments, LLC v. Stand. i/o, Inc., 297 F. Supp. 2d 335 (D. Me. 2004). “Pearl argues that it is within my discretion to disregard the jury’s finding under 10 M.R.S.A. § 1544 (“If willful and malicious appropriation exists, the court may award exemplary damages .”

Pearl Investments, LLC v. Stand. I/O, Inc., 324 F. Supp. 2d 43 (D. Me. 2004). “” 10 M.R.S.A. § 1544(1) (1997). If these measures are unavailable, a reasonable royalty may be awarded.”

Alco Co., Inc v. Ace Trailer Agency (Me. Super. Ct 2016). “Misappropriation of a Trade Secret (Count IV) Plaintiffs focus their attention on count IV of the complaint, which alleges misappropriation of a trade secret under 10 M.R.S. § 1544. To prevail on their claim, plaintiffs must demonstrate that the information on the discs…”

Cianchette v. Cianchette (Me. Super. Ct 2019). “10 M.R.S. § 1544(1). In the context of this case, misappropriation is defined as "[d]isclosure or use of a trade secret without express of implied consent by a person who .”

— Me. Rev. Stat. tit. 10, § 1544(1) — 2 cases

Pearl Investments, LLC v. Stand. I/O, Inc., 324 F. Supp. 2d 43 (D. Me. 2004). “” 10 M.R.S.A. § 1544(1) (1997). If these measures are unavailable, a reasonable royalty may be awarded.”

Cianchette v. Cianchette (Me. Super. Ct 2019). “10 M.R.S. § 1544(1). In the context of this case, misappropriation is defined as "[d]isclosure or use of a trade secret without express of implied consent by a person who .”

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