Section 11-1602 – Applicability
This subtitle does not apply to an assertion of patent infringement that includes a claim for relief arising under 35 U.S.C. § 271(e)(2) or 42 U.S.C. § 262.
Section 11-1101 – Definitions
(a) In this subtitle the following words have the meanings indicated. (b) (1) “Advertise” means to publish, circulate, disseminate, or place before the public through any print or broadcast medium for the purpose of the sale of goods or services. (2) “Advertise” includes to advertise by outside or inside signs, handbills, or price tags. (c) (1) “Distress sale” means a sale […]
Section 11-1102 – Advertising and Conducting Distress Sale Under Provisions of Subtitle Required
A person shall advertise and conduct a distress sale only under the provisions of this subtitle.
Section 11-1103 – Prohibited Activities
A person who advertises and conducts a distress sale may not: (1) Conduct the distress sale for more than 60 days from the first day of the sale; (2) Order and receive any goods for the purpose of selling the goods at the distress sale; and (3) Sell goods at the distress sale that are not listed in […]
Section 11-1104 – Record of Inventory
(a) Before a distress sale, a person shall compile a complete and detailed record of the inventory that is to be sold at the distress sale, including: (1) A description of each item; (2) The approximate quantity of each item; and (3) The regular price and the proposed sale price of each item. (b) The record of inventory required under […]
Section 11-1105 – Minimum Standards; Enforcement of Subtitle
(a) This subtitle provides minimum standards to protect consumers in the State. (b) A county, a municipality, or an agency of a county or municipality may adopt standards concerning distress sales, within the scope of its authority, only if the standards: (1) Are at least as stringent as the provisions of this subtitle; and (2) Are not inconsistent with […]
Section 11-1106 – Violations
A violation of any provision of this subtitle is an unfair or deceptive trade practice within the meaning of Title 13 of this article and is subject to the enforcement and penalty provisions contained in Title 13 of this article.
Section 11-1202 – Misappropriation of Trade Secrets May Be Enjoined
(a) Actual or threatened misappropriation may be enjoined. (b) 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. (c) In exceptional circumstances, […]
Section 11-1203 – Right to Damages
(a) 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. (b) Damages under this subtitle may include: (1) The actual loss caused by misappropriation; and (2) The unjust enrichment caused by misappropriation […]
Section 11-1204 – Award of Attorney’s Fees
The court may award reasonable attorney’s fees to the prevailing party if: (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) Willful and malicious misappropriation exists.