What legal remedies are available in the United States for trade secret misappropriation?

In the United States, trade secret misappropriation is an illegal act. Depending on the circumstances, legal remedies may be available to the victim of a trade secret misappropriation. Under Washington state law, a civil lawsuit can be brought by the victim for damages or for an injunction to stop the misappropriation of the trade secrets. Damages may include lost profits suffered by the trade secret owner due to the misappropriation. If successful, the court may award injunctive relief, which is an order issued by a court restraining a person or organization from doing something, such as a court order to stop using a trade secret. Criminal penalties are also available in the United States. Federal law prohibits the knowing and willful misappropriation or unauthorized disclosure of a trade secret. Violation is a felony and can result in fines and/or imprisonment. Additionally, state laws may also provide criminal sanctions for misappropriation or unauthorized disclosure of a trade secret. Finally, the United States has a number of administrative remedies to protect trade secrets. For example, the United States Customs and Border Protection can prevent imported goods from entering the country if they have been created with stolen trade secrets. The United States Patent and Trademark Office also has the power to refuse registration of trademarks found to be covering trade secrets. The remedies available in the United States for the misappropriation of trade secrets vary, but can include civil lawsuits, criminal sanctions, and administrative measures.

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