134.87(3)(e)(e) No motorized wheelchair returned by a consumer or motorized wheelchair lessor in this state under par. (b), or by a consumer or motorized wheelchair lessor in another state under a similar law of that state, may be sold or leased again in this state unless full disclosure of the reasons for return is made to any prospective buyer or lessee.
134.87(4)(4)This section does not limit rights or remedies available to a consumer under any other law.
134.87(5)(5)Any waiver by a consumer of rights under this section is void.
134.87(6)(6)In addition to pursuing any other remedy, a consumer may bring an action to recover for any damages caused by a violation of this section. The court shall award a consumer who prevails in such an action twice the amount of any pecuniary loss, together with costs, disbursements and reasonable attorney fees, and any equitable relief that the court determines is appropriate.
134.87 HistoryHistory: 1991 a. 222.
134.90134.90Uniform trade secrets act.
134.90(1)(1)Definitions. In this section:
134.90(1)(a)(a) “Improper means” includes espionage, theft, bribery, misrepresentation and breach or inducement of a breach of duty to maintain secrecy.
134.90(1)(b)(b) “Readily ascertainable” information does not include information accessible through a license agreement or by an employee under a confidentiality agreement with his or her employer.
134.90(1)(c)(c) “Trade secret” means information, including a formula, pattern, compilation, program, device, method, technique or process to which all of the following apply:
134.90(1)(c)1.1. The information 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.
134.90(1)(c)2.2. The information is the subject of efforts to maintain its secrecy that are reasonable under the circumstances.
134.90(2)(2)Misappropriation. No person, including the state, may misappropriate or threaten to misappropriate a trade secret by doing any of the following:
134.90(2)(a)(a) Acquiring the trade secret of another by means which the person knows or has reason to know constitute improper means.
134.90(2)(b)(b) Disclosing or using without express or implied consent a trade secret of another if the person did any of the following:
134.90(2)(b)1.1. Used improper means to acquire knowledge of the trade secret.
134.90(2)(b)2.2. At the time of disclosure or use, knew or had reason to know that he or she obtained knowledge of the trade secret through any of the following means:
134.90(2)(b)2.a.a. Deriving it from or through a person who utilized improper means to acquire it.
134.90(2)(b)2.b.b. Acquiring it under circumstances giving rise to a duty to maintain its secrecy or limit its use.
134.90(2)(b)2.c.c. Deriving it from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use.
134.90(2)(b)2.d.d. Acquiring it by accident or mistake.
134.90(3)(3)Injunctive relief.
134.90(3)(a)(a)
134.90(3)(a)1.1. A court may grant an injunction against a person who violates sub. (2). Chapter 813 governs any temporary or interlocutory injunction or ex parte restraining order in an action under this section, except that no court may issue such an injunction or restraining order unless the complainant makes an application which includes a description of each alleged trade secret in sufficient detail to inform the party to be enjoined or restrained of the nature of the complaint against that party or, if the court so orders, includes written disclosure of the trade secret. The complainant shall serve this application upon the party to be enjoined or restrained at the time the motion for the injunction is made or the restraining order is served, whichever is earlier.
134.90(3)(a)2.2. Except as provided in subd. 3., upon application to the court, the court shall terminate an injunction when a trade secret ceases to exist.
134.90(3)(a)3.3. The court may continue an injunction for a reasonable period of time to eliminate commercial advantage which the person who violated sub. (2) otherwise would derive from the violation.
134.90(3)(b)(b) In exceptional circumstances, an injunction granted under par. (a) may condition future use of a trade secret by the person who violated sub. (2) upon payment of a reasonable royalty by that person to the owner of the trade secret for no longer than the period of time for which the court may enjoin or restrain the use of the trade secret under par. (a). Exceptional circumstances include a material and prejudicial change of position, prior to acquiring knowledge or reason to know of a violation of sub. (2), that renders an injunction inequitable.
134.90(3)(c)(c) In appropriate circumstances, the court may order affirmative acts to protect a trade secret.
134.90(4)(4)Damages.