Legal Question in Intellectual Property in California

Trade Secret Damages

What all can be classified as ''actual loss'' when computing damages in a case of trade secret misappropriation?


Asked on 8/03/01, 6:34 pm

1 Answer from Attorneys

Re: Trade Secret Damages

Actual loss are the real damages that you suffer. These would include lost profits, damage to business reputation, if any, any and all loss of business new and old as a result of the misappropriation of the trade secrets.

Your actual loss is how you/your company suffered damage as a result of the misappropriation.

This is in contrast with "general damages" which are designed to compensate the injured party for the intangible damages.

This is also contrasted with "punitive damages" which are designed to punish the wrongdoer and deter him/her from carrying on similar activities in the future.

Let me know if you would like to discuss this.

J. Caleb Donner

805-494-6557

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Answered on 8/06/01, 1:24 pm


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