[ 482B-5]  Attorney’s fees.  The court may award reasonable attorney’s fees to the prevailing party if:

Terms Used In Hawaii Revised Statutes 482B-5

  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Misappropriation: means :

         (1)  Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or

         (2)  Disclosure or use of a trade secret of another without express or implied consent by a person who:

              (A)  Used improper means to acquire knowledge of the trade secret; or

              (B)  At the time of disclosure or use, knew or had reason to know that the person's knowledge of the trade secret was:

                   (i)  Derived from or through a person who had utilized improper means to acquire it;

                  (ii)  Acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or

                 (iii)  Derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or

              (C)  Before a material change of the person's position, knew or has reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake. See Hawaii Revised Statutes 482B-2

     (1)  A claim of misappropriation is made in bad faith;

     (2)  A motion to terminate an injunction is made or resisted in bad faith; or

     (3)  Wilful and malicious misappropriation exists.