A cause of action for misappropriation of trade secrets involves the following elements: (1) the existence of a trade secret; (2) acquisition of the trade secret as a result of a confidential relationship; and (3) unauthorized *863 use of the secret. TGC Corp. v. HTM Sports, 896 F.Supp. 751, 756 (E.D.Tenn.1995).
Dade Intern., Inc. v. Iverson 9 F.Supp.2d 858, 862 -863 (M.D.Tenn.,1998)
UNIFORM TRADE SECRETS ACT TCA 47-25-1701 ET SEQ.
47-25-1704. Damages for misappropriation
(a) In addition to or in lieu of the relief provided by § 47-25-1703, a complainant is entitled to recover damages for misappropriation except to the extent that defendant can show a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation and such renders a monetary recovery inequitable. 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 or a trade secret.
(b) If willful and malicious misappropriation exists, the court may award exemplary damages in an amount not exceeding twice any award made under subsection (a).
- C. A. § 47-25-1704
47-25-1705. Attorney’s fees
(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,
the court may award reasonable attorney’s fees to the prevailing party