reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 417 - Trademarks, Names and Private Emblems › Section 417.300 - Dairy products containers — description, where filed — notice, how published — certificate of record.

Title XXVI TRADE AND COMMERCE
Chapter 417
• Effective - 28 Aug 1939
417.300. Dairy products containers — description, where filed — notice, how published — certificate of record. —
1. Any person engaged in manufacturing, bottling, or selling milk, buttermilk; cream or ice cream in any kind of receptacle, having the name of such person or other mark or device printed, stamped, engraved, etched, blown, painted or otherwise permanently fixed upon the same, may file in the office of the secretary of state for record a description of the name, mark or device so used; and cause such description to be printed once each week for three successive weeks in a newspaper published in the county in which the principal place of business of such person is located, or if the principal place of business of such person is located in another state, then in the county wherein the principal office or depot of such person within the state of Missouri is located.
2. It shall be the duty of the secretary of state to issue to the person so filing for record a description of such name, mark or device in his office, to duly attest a certificate of the record of the same, for which he shall receive the fee prescribed by statute for the issuance of certificates.
3. In all prosecutions under sections 417.300 to 417.360 such certificate shall be prima facie evidence of the adoption and ownership of such name, mark or device and of the right of the person named therein to adopt and use the same.
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(RSMo 1939 § 14088)
Prior revisions: 1929 § 12449; 1919 § 12020
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 417 - Trademarks, Names and Private Emblems › Section 417.310 - Receptacles — unlawful use.

Title XXVI TRADE AND COMMERCE
Chapter 417
• Effective - 28 Aug 1955
417.310. Receptacles — unlawful use. —
It shall be unlawful for any person other than the one named in the certificate issued by the secretary of state as provided in section 417.300, without the written consent of the person named in such certificate, to fill any receptacle bearing the name, mark, or device recorded as provided in said section with milk, buttermilk, cream, ice cream or any other substance, or to buy, sell, give, take, dispose of in any way, traffic in or destroy any receptacle bearing any such name, mark or device.
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(RSMo 1939 § 14089, A.L. 1955 p. 847)
Prior revisions: 1929 § 12450; 1919 12021
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 417 - Trademarks, Names and Private Emblems › Section 417.320 - Receptacles — unlawful possession.

Title XXVI TRADE AND COMMERCE
Chapter 417
• Effective - 28 Aug 1939
417.320. Receptacles — unlawful possession. —
Any person having in possession or under control any receptacle bearing any name, mark or device recorded as provided in section 417.300 and not holding a written transfer or bill of sale therefor from the person named in the certificate provided for in said section or other authority in writing from such person shall upon demand deliver such receptacle to the person named in such certificate or to the authorized agent of such person, and any person failing or refusing to so deliver the same when demanded shall be deemed guilty of a misdemeanor.
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(RSMo 1939 § 14090)
Prior revisions: 1929 § 12451; 1919 § 12022
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 417 - Trademarks, Names and Private Emblems › Section 417.330 - Search warrants — prosecution.

Title XXVI TRADE AND COMMERCE
Chapter 417
• Effective - 02 Jan 1979, see footnote
417.330. Search warrants — prosecution. —
Whenever any person who has filed for record any such name, mark or device, or who has acquired from such person in writing the ownership of such name, mark or device, or the right to the exclusive use thereof, shall make oath before any judge of the circuit court that he has reason to believe and does believe that any receptacle bearing such name, mark or device is being unlawfully used or filled or had in possession by any other person, such judge shall thereupon issue a search warrant to discover and obtain such receptacle, and may also cause the person in whose possession such receptacle shall be found to be brought before him and shall then inquire into the circumstances of such possession, and if it shall be found that such person is guilty of violation of sections 417.300 to 417.360 he shall be punished in the manner herein prescribed, and the possession of the property taken upon such warrant shall be awarded to the owner thereof, but the remedy provided by this section shall not be held to be exclusive, and offenders against any provision of sections 417.300 to 417.360 may be prosecuted as in case of other misdemeanors.
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(RSMo 1939 § 14091, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 12452; 1919 § 12023
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 417 - Trademarks, Names and Private Emblems › Section 417.340 - Penalty.

Title XXVI TRADE AND COMMERCE
Chapter 417
• Effective - 28 Aug 1949
417.340. Penalty. —
Any person offending against any provision of sections 417.300 to 417.360 shall be deemed guilty of a misdemeanor, and upon conviction thereof by a court of competent jurisdiction shall be punished by a fine of not less than five dollars nor more than twenty-five dollars, and each receptacle unlawfully dealt with as herein provided shall be deemed and held to constitute a separate offense.
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(RSMo 1939 § 14092, A. 1949 H.B. 2111)
Prior revisions: 1929 § 12453; 1919 § 12024
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 417 - Trademarks, Names and Private Emblems › Section 417.350 - Terms construed.

Title XXVI TRADE AND COMMERCE
Chapter 417
• Effective - 28 Aug 1949
417.350. Terms construed. —
As used in sections 417.300 to 417.360, the term
"receptacle"
shall include not only bottles, siphons, tins, kegs, barrels of all sizes, boxes, ice cream cabinets, cans and tubs, but all other receptacles used for holding any of the commodities named in sections 417.300 to 417.360, and the requirement for
"written transfer"
,
"bill of sale"
,
"authority"
or
"consent"
means that it shall be signed by the person named in the certificate issued by the secretary of state as herein provided, or by a transferee thereof claiming under a written assignment from such person, or by an agent whose authority is in writing, signed by such person or such transferee.
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(RSMo 1939 § 14093, A. 1949 H.B. 2111)
Prior revisions: 1929 § 12454; 1919 § 12025
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 417 - Trademarks, Names and Private Emblems › Section 417.360 - "Sale" construed.

Title XXVI TRADE AND COMMERCE
Chapter 417
• Effective - 28 Aug 1939
417.360. "Sale" construed. —
The requiring or taking of any deposit for any purpose upon such receptacle shall not be deemed nor held to be a
"sale"
either optionally or otherwise in any proceeding under sections 417.300 to 417.360.
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(RSMo 1939 § 14094)
Prior revisions: 1929 § 12455; 1919 § 12026
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 417 - Trademarks, Names and Private Emblems › Section 417.400 - Definitions.

Title XXVI TRADE AND COMMERCE
Chapter 417
• Effective - 28 Aug 1995
417.400. Definitions. —
As used in sections 417.400 to 417.436, the following terms mean:
(1)
"Contract"
, an agreement by which an invention developer undertakes to develop or promote an invention for a customer;
(2)
"Customer"
, any person who is solicited by, inquires about, seeks the services of, or enters into a contract with, an invention developer for invention development services;
(3)
"Fee"
, any payment made by the customer to the invention developer including reimbursement for expenditures made or costs incurred by such invention developer, but does not include a payment made from a portion of the income received by a customer by virtue of invention development services performed by the invention developer;
(4)
"Invention"
, a process, machine, manufacture, composition of matter, improvement upon the foregoing, or a concept;
(5)
"Invention developer"
, any person, or the agent, employee, or representative of the person, that develops or promotes, or offers to develop or promote, an invention of a customer in order that the customer's invention may be patented, licensed, or sold for manufacture or manufactured in large quantities, except the term does not include:
(a) Any attorney registered to practice in any court in any state of the United States and acting within the scope of that person's professional license, or any person registered before the United States Patent and Trademark Office acting within the scope of that person's professional license;
(b) A department or agency of federal, state or local government;
(c) A charitable, scientific, educational, religious, or other organization, qualified under section 501(c)(3) or described in section 170(b)(1)(A) of the Internal Revenue Code of 1986, as amended;
(d) An entity that does not charge a fee for invention development services other than any payment made solely from a portion of the income received by a customer by virtue of invention development services performed by the person;
(6)
"Invention development services"
, acts required or promised to be performed, or actually performed, or both, by an invention developer for a customer.
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(L. 1995 S.B. 80 & 88)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 417 - Trademarks, Names and Private Emblems › Section 417.406 - Contract for invention development services, form, content.

Title XXVI TRADE AND COMMERCE
Chapter 417
• Effective - 28 Aug 1995
417.406. Contract for invention development services, form, content. —
Every contract for invention development services shall set forth in at least 10-point boldface type, or equivalent size if handwritten, all of the following:
(1) A full and detailed description of the acts or services that the invention developer undertakes to perform for the customer. To the extent that the description of acts or services grants the invention developer discretion to decide what acts or services are to be performed by the invention developer, the invention developer shall exercise that discretion to promote the best interests of the customer;
(2) A statement whether the invention developer undertakes to construct one or more prototypes, models, or devices embodying the customer's invention;
(3) A statement whether the invention developer undertakes to sell or distribute one or more prototypes, models or devices embodying the customer's invention;
(4) The name of the person or firm contracting to perform the invention development services, the name under which said person or firm is doing business as an invention developer, and the name of any parent, subsidiary or affiliated company that may engage in performing the invention development services;
(5) The invention developer's principal business address and the name and address of his agent in the state of Missouri authorized to receive service of process;
(6) The business form of the invention developer, whether corporate, partnership, or otherwise;
(7) If an oral or written estimate of projected customer sales, profits, earnings or royalties is made by the invention developer, the contract shall state the estimate and the data on which the estimate is based;
(8) The name and address of the custodian of all records and correspondence relating to the performance of the invention development services;
(9) The expected date of completion of the invention development services, whether time is of the essence, and whether the terms include provisions in case of delay past the expected date of completion;
(10) The terms and conditions of payment and contract termination rights as set forth in section 417.412; and
(11) The extent to which the contract effectuates or makes possible the acquisition by the invention developer of an interest in the title to the customer's invention.
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(L. 1995 S.B. 80 & 88)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 417 - Trademarks, Names and Private Emblems › Section 417.409 - Cover sheet required for contract content — additional information on cover prohibited.

Title XXVI TRADE AND COMMERCE
Chapter 417
• Effective - 28 Aug 1995
417.409. Cover sheet required for contract content — additional information on cover prohibited. —
1. A contract for invention development services shall have a conspicuous and legible cover sheet attached. The cover sheet shall set forth:
(1) The name, home address, office address and local address of the invention developer; and
(2) The following notice printed in bold-faced type of not less than 10-point size:
"The contract between you and the invention developer is regulated by sections 417.400 to 417.436. You are not required to make any payments under this contract until seven working days after you sign this contract and receive a completed copy of it.
"You can terminate this contract at any time before you make payment. You can terminate this contract simply by not submitting the initial payment.
"If you assign a partial interest in the invention to the invention developer, the invention developer may have the right to assign or license the developer's interest in the invention, or make, use and sell the invention, without your consent.
"You are encouraged to consult with an attorney with experience in patent law before signing this contract. By proceeding without the advice of an attorney with experience in patent law you could lose any rights you might have in your idea or invention.
"The performance of the services detailed in the contract provides no guarantee or promise of profits, or that your invention or idea will be purchased by a manufacturer. The marketing or licensing of a new product is a difficult and uncertain process with no guarantee of success or profit.
"This contract does not provide any patent, copyright or trademark protection for your idea or invention.
"Your potential patent rights may be adversely affected by any attempt to commercialize your idea or invention before a patent application covering your idea is filed. Nonconfidential disclosures of your idea or invention may also trigger certain statutory deadlines for filing a patent application in the United States and would prevent you from obtaining valid patent rights in countries whose laws provide that patent applications must be filed before any public disclosure.".
2. The cover notice may not contain anything in addition to the information required by subsection 1 of this section.
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(L. 1995 S.B. 80 & 88)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 417 - Trademarks, Names and Private Emblems › Section 417.412 - Termination of contract, procedure — service on contract not required, when.

Title XXVI TRADE AND COMMERCE
Chapter 417
• Effective - 28 Aug 1995
417.412. Termination of contract, procedure — service on contract not required, when. —
Until payment for invention development services is made, the parties to a contract for invention development services have the option to terminate the contract. The customer may exercise the option by failing to make payment to the invention developer. The invention developer may exercise the option to terminate by giving to the customer a written notice of his exercise of the option. The written notice becomes effective on its receipt by the customer. Notwithstanding any contractual provision to the contrary, payment for invention development services may not be required, made, or received, before the seventh day after the day on which the customer receives a fully executed copy of the contract.
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(L. 1995 S.B. 80 & 88)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 417 - Trademarks, Names and Private Emblems › Section 417.415 - Bond required for invention developer, when, amount — copy to be filed with department of economic development — cash deposit accepted instead of bond.

Title XXVI TRADE AND COMMERCE
Chapter 417
• Effective - 28 Aug 1995
417.415. Bond required for invention developer, when, amount — copy to be filed with department of economic development — cash deposit accepted instead of bond. —
1. Every invention developer rendering or offering to render invention development services in this state, who has had, or is affiliated with another who has had, a decree or judgment entered against him by a court or agency of a state of the United States, or a court or agency of the United States, resulting from or based on allegations of misrepresentation, deception, mishandling of customers' funds, unfair trade practices, fraud or concealment or omission of facts from others, shall maintain a bond issued by a surety company admitted to do business in this state. The principal sum of the bond shall be twenty-five thousand dollars. The bond shall be payable to the state of Missouri as trustees for the customers of the invention developer and shall be conditioned upon compliance by the invention developer with sections 417.400 to 417.436. A copy of such bond shall be filed with the director of the department of economic development prior to the time the invention developer first commences business in this state. The invention developer shall have ninety days after the end of each fiscal year within which to change the bond as may be necessary to comply with the requirements of this section.
2. Instead of furnishing the bond required by subsection 1 of this section, the invention developer may deposit with the director of the department of economic development a cash deposit in the like amount. This cash deposit may be satisfied by any of the following:
(1) Certificates of deposit payable to the director of the department of economic development issued by banks doing business in this state and insured by the Federal Deposit Insurance Corporation;
(2) Investment certificates of share accounts assigned to the director of the department of economic development and issued by a savings and loan association doing business in this state and insured by the Federal Deposit Insurance Corporation;
(3) Bearer bonds issued by the United States government or by this state; or
(4) Cash deposited with the director of the department of economic development.
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(L. 1995 S.B. 80 & 88)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 417 - Trademarks, Names and Private Emblems › Section 417.418 - Payment for services to be by check — taking other negotiable instrument, effect — contract limitation — execution of note or series of notes prohibited.

Title XXVI TRADE AND COMMERCE
Chapter 417
• Effective - 28 Aug 1995
417.418. Payment for services to be by check — taking other negotiable instrument, effect — contract limitation — execution of note or series of notes prohibited. —
1. In payment for invention development services, the invention developer shall not take from a customer a negotiable instrument other than a check as evidence of the obligation of the customer. Notwithstanding any provision of chapter 400 to the contrary, a holder of a negotiable instrument is not a holder in due course if he takes a negotiable instrument taken from a customer in violation of this section.
2. No contract for invention development services shall require the execution of any note or draft or series of notes or drafts by the customer which, when separately negotiated, will cut off as to third parties any right of action or defense which the customer may have against the invention developer.
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(L. 1995 S.B. 80 & 88)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 417 - Trademarks, Names and Private Emblems › Section 417.421 - Records and correspondence retention requirement — customer's right to copy, cost, procedure.

Title XXVI TRADE AND COMMERCE
Chapter 417
• Effective - 28 Aug 1995
417.421. Records and correspondence retention requirement — customer's right to copy, cost, procedure. —
Every invention developer shall maintain all records and correspondence relating to performance of each invention development service contract for a period of not less than three years after expiration of the term of each such contract or completion of all obligations pursuant to the invention development service contract, whichever is later. The records and correspondence required to be maintained by this section shall be made available to the customer or his representative for review and copying at the customer's expense on the invention developer's premises during normal business hours upon seven days' written notice, such time period to begin from the date the notice is placed in the United States mail, properly addressed with first-class postage prepaid.
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(L. 1995 S.B. 80 & 88)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 417 - Trademarks, Names and Private Emblems › Section 417.424 - Contract unenforceable against customer, when, exceptions — waiver by customer void, exception.

Title XXVI TRADE AND COMMERCE
Chapter 417
• Effective - 28 Aug 1995
417.424. Contract unenforceable against customer, when, exceptions — waiver by customer void, exception. —
1. Any contract for invention development services that does not comply with the applicable provisions of sections 417.400 to 417.436 is unenforceable against the customer as contrary to public policy; provided, that no contract is unenforceable if the invention developer proves that noncompliance was unintentional and resulted from a bona fide error in spite of the developer's use of reasonable procedures adopted to avoid any such errors, and if the developer makes an appropriate correction.
2. Any contract for invention development services entered into by a customer with an invention developer who has used any fraud, false pretense, false promise, misrepresentation, misleading statement, or deceptive practice, in respect to that customer with the intent that the customer rely thereon, whether or not the customer was in fact misled, deceived, or damaged, is unenforceable against the customer.
3. Any waiver by the customer of the provisions of sections 417.400 to 417.436, except the waiver of confidentiality as provided in subsection 2 of section 417.427, is contrary to public policy and is void and unenforceable.
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(L. 1995 S.B. 80 & 88 § 417.424 subsecs. 1 to 3)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 417 - Trademarks, Names and Private Emblems › Section 417.426 - False or fraudulent statements, failure to make required disclosures, civil liability — damages — punitive damages, when — attorney general's duties.

Title XXVI TRADE AND COMMERCE
Chapter 417
• Effective - 28 Aug 1995
417.426. False or fraudulent statements, failure to make required disclosures, civil liability — damages — punitive damages, when — attorney general's duties. —
1. Any invention developer who violates any provision of sections 417.400 to 417.436, or who makes any false or fraudulent statement, representation, or omission of material fact, or fails to make all the disclosures required by sections 417.400 to 417.436, shall be civilly liable to any person injured thereby in the amount of at least twice the damages sustained by such person together with costs and reasonable attorney's fees. In addition, if the invention developer is found to have acted with malice, the court in its discretion may award punitive damages. For purposes of this subsection, the amount of damages sustained by the person shall be presumed to be at least the amount of all moneys paid to the invention developer by such person.
2. Failure to make the disclosures required by sections 417.400 to 417.436 renders any contract subsequently entered into between the customer and the invention developer voidable by the customer.
3. The attorney general shall enforce the provisions of sections 417.400 to 417.436 and may recover a civil penalty and may seek equitable relief to restrain the violation of sections 417.400 to 417.436.
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(L. 1995 S.B. 80 & 88 § 417.424 subsecs. 4 to 6)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 417 - Trademarks, Names and Private Emblems › Section 417.427 - Confidentiality of all disclosures by customer, exceptions — waiver by customer must be in writing after receiving disclosure.

Title XXVI TRADE AND COMMERCE
Chapter 417
• Effective - 28 Aug 1995
417.427. Confidentiality of all disclosures by customer, exceptions — waiver by customer must be in writing after receiving disclosure. —
1. An invention developer shall maintain as confidential and not use for his own benefit or for the benefit of others all disclosures made to him by a customer seeking invention development services, whether or not the customer actually retains the invention developer's services. This duty of confidentiality applies to all such information except:
(1) Information which at the time of disclosure is in the public domain;
(2) Information which, after disclosure, becomes part of the public domain by publication or otherwise, independently of any act or omission by the invention developer;
(3) Information which the invention developer can establish by competent proof was in his possession at the time of disclosure by the customer, and was not acquired, directly or indirectly, from the customer; or
(4) Information received by the invention developer from a third party without restriction on disclosure or use; provided that such information was not obtained by said third party with restriction on disclosure or use, directly or indirectly, from the customer.
2. This duty of confidentiality shall include the taking of reasonable steps by the invention developer to prevent disclosure of confidential information to third parties. This confidential relationship cannot be waived by a customer except by an express written waiver by the customer of the invention developer's obligation of confidentiality, and no waiver shall be entered into until after the disclosures set forth in section 417.403 have been made to the customer.
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(L. 1995 S.B. 80 & 88)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 417 - Trademarks, Names and Private Emblems › Section 417.430 - Assignee of invention developer subject to all claims and defenses of customer.

Title XXVI TRADE AND COMMERCE
Chapter 417
• Effective - 28 Aug 1995
417.430. Assignee of invention developer subject to all claims and defenses of customer. —
Any assignee of the invention developer's rights shall be subject to all claims and defenses of the customer against the invention developer existing in favor of the customer at the time of the assignment.
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(L. 1995 S.B. 80 & 88)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 417 - Trademarks, Names and Private Emblems › Section 417.433 - Report in writing to be delivered quarterly to customer — content.

Title XXVI TRADE AND COMMERCE
Chapter 417
• Effective - 28 Aug 1995
417.433. Report in writing to be delivered quarterly to customer — content. —
For each contract for invention development services, the invention developer, at least once each calendar quarter during the term of the contract, shall deliver to the customer at the address specified in the contract a written report that identifies the contract and that sets forth:
(1) A full, clear, and concise description of the services performed to the date of the report and of the services to be performed; and
(2) The name and address of each person, firm, or corporation, to whom the subject matter of the contract has been disclosed, the reason for each disclosure, the nature of the disclosure, and copies of all responses received as a result of those disclosures.
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(L. 1995 S.B. 80 & 88)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 417 - Trademarks, Names and Private Emblems › Section 417.436 - Invention developer law not exclusive subject to applicable laws.

Title XXVI TRADE AND COMMERCE
Chapter 417
• Effective - 28 Aug 1995
417.436. Invention developer law not exclusive subject to applicable laws. —
The provisions of sections 417.400 to 417.436 are not exclusive and do not relieve the parties or the contract subject thereto from compliance with all other applicable provisions of law.
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(L. 1995 S.B. 80 & 88)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 417 - Trademarks, Names and Private Emblems › Section 417.450 - Law how cited.

Title XXVI TRADE AND COMMERCE
Chapter 417
• Effective - 28 Aug 1995
417.450. Law how cited. —
Sections 417.450 to 417.467 shall be known and may be cited as "The Missouri Uniform Trade Secrets Act".
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(L. 1995 S.B. 80 & 88 § 1)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 417 - Trademarks, Names and Private Emblems › Section 417.453 - Definitions.

Title XXVI TRADE AND COMMERCE
Chapter 417
• Effective - 28 Aug 1995
417.453. Definitions. —
As used in sections 417.450 to 417.467, the following terms mean:
(1)
"Improper means"
includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means;
(2)
"Misappropriation"
:
(a) Acquisition of a trade secret of a person by another person who knows or has reason to know that the trade secret was acquired by improper means; or
(b) Disclosure or use of a trade secret of a person without express or implied consent by another person who:
a. Used improper means to acquire knowledge of the trade secret; or
b. Before a material change of position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake; or
c. At the time of disclosure or use, knew or had reason to know that 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;
(3)
"Person"
, a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, governmental subdivision or agency, or any other legal or commercial entity, whether for profit or not for profit;
(4)
"Trade secret"
, information, including but not limited to, technical or nontechnical data, a formula, pattern, compilation, program, device, method, technique, or process, that:
(a) Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by other persons who can obtain economic value from its disclosure or use; and
(b) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
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(L. 1995 S.B. 80 & 88 § 2)
(2002) Claim under section for misappropriation of trade secrets based on commercial activity within the United States comes within exception to general grant of sovereign immunity under Foreign Sovereign Immunities Act. BP Chemicals, Ltd. v. Jiangsu Sopo Corp., 285 F.3d 677 (8th Cir.).
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 417 - Trademarks, Names and Private Emblems › Section 417.455 - Misappropriation, actual or threatened may be enjoined — injunction terminates, when — exceptional circumstances, defined.

Title XXVI TRADE AND COMMERCE
Chapter 417
• Effective - 28 Aug 1995
417.455. Misappropriation, actual or threatened may be enjoined — injunction terminates, when — exceptional circumstances, defined. —
1. Actual or threatened misappropriation may be enjoined. Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in order to eliminate commercial advantage that otherwise would be derived from the misappropriation.
2. In exceptional circumstances, an injunction may condition future use upon payment of a reasonable royalty for no longer than the period of time for which use could have been prohibited. Exceptional circumstances include, but are not limited to, a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation that renders a prohibitive injunction inequitable.
3. In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order.
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(L. 1995 S.B. 80 & 88 § 3)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 417 - Trademarks, Names and Private Emblems › Section 417.457 - Damages for misappropriation — punitive damages awarded, when.

Title XXVI TRADE AND COMMERCE
Chapter 417
• Effective - 28 Aug 1995
417.457. Damages for misappropriation — punitive damages awarded, when. —
1. 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.
2. If misappropriation is outrageous because of the misappropriator's evil motive or reckless indifference to the rights of others, the court may award punitive damages.
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(L. 1995 S.B. 80 & 88 § 4)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 417 - Trademarks, Names and Private Emblems › Section 417.459 - Court's duty in misappropriation, action to preserve secrecy of trade secret.

Title XXVI TRADE AND COMMERCE
Chapter 417
• Effective - 28 Aug 1995
417.459. Court's duty in misappropriation, action to preserve secrecy of trade secret. —
In an action under sections 417.450 to 417.467, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in-camera hearings, sealing the records of the action, and ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval.
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(L. 1995 S.B. 80 & 88 § 5)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 417 - Trademarks, Names and Private Emblems › Section 417.461 - Action for misappropriation must be brought when, time limitation — continuing misappropriation is one claim.

Title XXVI TRADE AND COMMERCE
Chapter 417
• Effective - 28 Aug 1995
417.461. Action for misappropriation must be brought when, time limitation — continuing misappropriation is one claim. —
An action for misappropriation shall be brought within five years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purposes of this section, a continuing misappropriation constitutes a single claim.
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(L. 1995 S.B. 80 & 88 § 6)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 417 - Trademarks, Names and Private Emblems › Section 417.463 - Action for misappropriation displaces certain other actions for recovery — actions civil and criminal not affected.

Title XXVI TRADE AND COMMERCE
Chapter 417
• Effective - 28 Aug 1995
417.463. Action for misappropriation displaces certain other actions for recovery — actions civil and criminal not affected. —
1. Except as provided in subsection 2 of this section, sections 417.450 to 417.467 displace conflicting tort, restitutionary, and other laws of this state providing civil remedies for misappropriation of a trade secret.
2. Sections 417.450 to 417.467 shall not affect:
(1) Contractual remedies, whether or not based upon misappropriation of a trade secret; or
(2) Other civil remedies that are not based upon misappropriation of a trade secret; or
(3) Criminal remedies, whether or not based upon misappropriation of a trade secret; or
(4) The discovery of facts, opinions, information, documents, things, and any other matters discoverable in litigation, except in litigation which alleges misappropriation of trade secrets as a cause of action.
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(L. 1995 S.B. 80 & 88 § 7)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 417 - Trademarks, Names and Private Emblems › Section 417.465 - Purpose of the uniform law.

Title XXVI TRADE AND COMMERCE
Chapter 417
• Effective - 28 Aug 1995
417.465. Purpose of the uniform law. —
Sections 417.450 to 417.467 shall be applied and construed to effectuate their general purpose of making uniform the law with respect to the subject of trade secrets among states enacting them.
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(L. 1995 S.B. 80 & 88 § 8)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 417 - Trademarks, Names and Private Emblems › Section 417.467 - Effect of existing misappropriation prior to August 28, 1995.

Title XXVI TRADE AND COMMERCE
Chapter 417
• Effective - 28 Aug 1995
417.467. Effect of existing misappropriation prior to August 28, 1995. —
With respect to a continuing misappropriation that began prior to August 28, 1995, sections 417.450 to 417.467 shall not apply to the continuing misappropriation that occurs after such date.
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(L. 1995 S.B. 80 & 88 § 9)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 419 - Innkeepers › Section 419.010 - Lodging establishment liable, when — defined.

Title XXVI TRADE AND COMMERCE
Chapter 419
Effective - 28 Aug 2002
419.010. Lodging establishment liable, when — defined. —
1. As used in this chapter, the term
"lodging establishment"
shall be any building, group of buildings, structure, facility, place, or places of business where five or more guest rooms are provided, which is owned, maintained, or operated by any person and which is kept, used, maintained, advertised or held out to the public for hire which can be construed to be a hotel, motel, motor hotel, apartment hotel, tourist court, resort, cabins, tourist home, bunkhouse, dormitory, or other similar place by whatever name called, and includes all such accommodations operated for hire as lodging establishments for either transient guests, permanent guests, or for both transient and permanent guests.
2. No lodging establishment in this state is liable for the loss of any money, jewelry, wearing apparel, baggage or other property of a guest in a total sum greater than two hundred dollars, unless the lodging establishment by an agreement in writing individually, or by the authorized agent or clerk in charge of the office of the lodging establishment, voluntarily assumes a greater liability with reference to such property. As regards money, jewelry or baggage, a lodging establishment is not liable in any event for the loss thereof or damage thereto, unless the same was actually delivered by the guest to him or his authorized agent, or clerk, in the office of the lodging establishment, and the receipt thereof acknowledged by the delivery to the guest of a claim check of the lodging establishment, unless the loss or damage occurs through the willful negligence or wrongdoing of the lodging establishment, his servants or employees. This section shall be posted in a conspicuous manner at the guest registration desk and in every guest room thereof, and unless so posted the same does not apply in the case of a lodging establishment failing to post same.
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(RSMo 1939 § 9928, A.L. 1955 p. 852, A.L. 2002 S.B. 1243)
Prior revision: 1929 § 13088
(1965) This section being in derogation of the common law is to be strictly construed, and a guest's automobile is not included in the words "or other property of a guest" in section limiting innkeeper's liability so that statute had no application. Phoenix Assur. Co. of New York v. Royale Investment Co. (A.), 393 S.W.2d 43.
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 419 - Innkeepers › Section 419.020 - Lodging establishment not liable, when.

Title XXVI TRADE AND COMMERCE
Chapter 419
• Effective - 28 Aug 2022, 2 histories
419.020. Lodging establishment not liable, when. —
No lodging establishment in this state that constantly has a safe or safe deposit boxes in good order, suitable for the safe custody of money, jewelry, articles of gold and silver manufacture, and the like, behind the guest registration desk and that keeps a copy of sections 419.020 and 419.030 printed in large plain English type constantly and conspicuously suspended at the guest registration desk and in every guest room of the lodging establishment shall be liable for the loss of any such articles aforesaid, suffered by any guest, unless such guest first offered to deliver such property lost by him or her to such lodging establishment for custody in such safe or safe deposit boxes and such lodging establishment refused or omitted to take it and deposit it in such safe or safe deposit boxes for its custody and when deposited in a safe, to give such guest a receipt therefor.
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(RSMo 1939 § 9926, A.L. 2002 S.B. 1243, A.L. 2022 H.B. 1725)
Prior revisions: 1929 § 13096; 1919 § 5865; 1909 § 6716
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 419 - Innkeepers › Section 419.030 - Lodging establishment not liable for baggage, when.

Title XXVI TRADE AND COMMERCE
Chapter 419
• Effective - 28 Aug 2002
419.030. Lodging establishment not liable for baggage, when. —
No lodging establishment in this state shall be liable for the loss of any baggage or other property of a guest, caused by fire not intentionally produced by the lodging establishment or its servants, nor shall he be liable for the loss of any merchandise for sale or sample belonging to a guest, unless the guest shall have given written notice of having such merchandise for sale or sample in his possession after entering the lodging establishment, nor shall the lodging establishment be compelled to receive such guest with merchandise for sale or sample; but lodging establishment shall be liable for the losses of their guests, caused by the theft of such lodging establishment or its servants, anything herein to the contrary notwithstanding.
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(RSMo 1939 § 9927, A.L. 2002 S.B. 1243)
Prior revisions: 1929 § 13087; 1919 § 5866; 1909 § 6717
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 419 - Innkeepers › Section 419.040 - Rates — duty to post.

Title XXVI TRADE AND COMMERCE
Chapter 419
• Effective - 28 Aug 2022, 2 histories
419.040. Rates — duty to post. —
It shall be the duty of every lodging establishment in this state to post a written or printed copy of the rates charged for each guest room in each guest room. If a different rate is charged for different rooms in such lodging establishment the rate posted in each room shall be the rate that applies to such room. This section shall not apply to lodging establishments that publish current rates electronically on a public internet platform or that do not have more than ten guests on an average each day.
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(RSMo 1939 § 9948, A.L. 2002 S.B. 1243, A.L. 2022 H.B. 1725)
Prior revisions: 1929 § 13108; 1919 § 5886
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 419 - Innkeepers › Section 419.050 - Penalty.

Title XXVI TRADE AND COMMERCE
Chapter 419
Effective - 28 Aug 1939
419.050. Penalty. —
Any hotel keeper who shall violate any of the provisions of section 419.040 or who shall charge any guest a greater rate than is specified in said notice shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than ten dollars nor more than fifty dollars for each offense.
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(RSMo 1939 § 9949)
Prior revisions: 1929 § 13109; 1919 § 5887
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 419 - Innkeepers › Section 419.060 - Lien on baggage and wages.

Title XXVI TRADE AND COMMERCE
Chapter 419
• Effective - 28 Aug 1949
419.060. Lien on baggage and wages. —
1. The keeper of any inn, hotel or boardinghouse, whether individual, partnership or corporation, shall have a lien on the baggage and other property in and about such inn brought to the same by or under the control of his guests or boarders, and upon the wages of such guests or boarders for the proper charges due him from such guests, or boarders, for the accommodation, board and lodging, and for all money paid for or advanced to them not to exceed the sum of two hundred dollars, and for such other extras as are furnished at the request of such guests, and said innkeeper or hotel keeper shall have the right to detain such baggage and other property until the amount of such charges are paid and such baggage and other property shall be exempt from attachment or execution until such innkeeper's lien and the cost of satisfying it are paid.
2. The innkeeper, boardinghouse or hotel keeper shall retain such baggage and other property upon which he has a lien for a period of ninety days, at the expiration of which time, if such lien is not satisfied, he may sell such baggage and other property at public auction, first giving notice of the time and place of sale by posting at least three notices thereof in public places in the county where the inn or hotel is situated and also by mailing a copy of such notice addressed to said guest or boarder at the place of residence designated by the register of such inn or hotel. And after satisfying the lien and any cost that may accrue, any residue remaining shall, on demand, within six months, be paid to such guest or boarder, and if not so demanded within six months from date of sale, such residue shall be deposited by such inn keeper with the treasurer of the county in which the inn or hotel is situated, together with a statement of the innkeeper's claim and the cost of enforcing the same, a copy of the notice given, and of the amount received for the goods sold at said sale; said residue shall be retained by the county treasurer for a period of one year, and if not claimed within that time by the owner thereof, the county treasurer shall pay the same into the state treasury, and it shall be placed to the credit of the escheat fund.
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(RSMo 1939 §§ 3589, 3590, 9930, A. 1949 H.B. 2112)
Prior revisions: 1929 §§ 3199, 3200, 13090; 1919 §§ 7259, 7260, 5868; 1909 §§ 8247, 8248
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 419 - Innkeepers › Section 419.070 - Enforcement of lien against wages of guest.

Title XXVI TRADE AND COMMERCE
Chapter 419
Effective - 28 Aug 1949
419.070. Enforcement of lien against wages of guest. —
When the lien authorized by section 419.060 is claimed upon the wages of any such guest or boarder, the person claiming the lien shall institute an action in an associate division of the circuit court of the county which action shall be in all respects governed by the provisions of section 430.160, and the associate circuit judge shall notify the party designated by the plaintiff as owing such guest or boarder, that suit has been instituted to enforce such lien, and such notice shall be served in the same manner and have the same force and effect as garnishments in attachments, and the party so served shall be required to answer, and shall receive the same fees as provided in section 525.240.
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(RSMo 1939 § 3590, A. 1949 H.B. 2112)
Prior revisions: 1929 § 3200; 1919 § 7260; 1909 § 8248