Oklahoma § 78-88 - Damages
Full text of Oklahoma Oklahoma Statutes § 78-88 — Damages, with citation guidance and answers to common questions.
§ 78-88. Damages
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
Oklahoma Statutes - Title 78. Trade Marks and Labels
award made pursuant to the provisions of subsection A of this
section.
Added by Laws 1986, c. 85, § 4, eff. Nov. 1, 1986.
Frequently Asked Questions About Oklahoma § 78-88
What does Oklahoma Statutes § 78-88 cover?
Section 78-88 ("Damages") is part of the Oklahoma Statutes, the codified statutory law of Oklahoma. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Oklahoma § 78-88?
A common citation format is "Oklahoma Statutes § 78-88" (Oklahoma). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Oklahoma law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Oklahoma official source linked on this page or consult a licensed Oklahoma attorney.
How does Oklahoma § 78-88 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Oklahoma can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Oklahoma.