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By knowing the current law on damages determinations in patent infringement cases, lawyers can maximize the likelihood that patent-holder clients’ damages awards will not be reduced on appeal.

AI-generated deepfake content is already being used in political campaigns, and is starting to have an impact on various areas of law – and potentially on your client’s case. How can you find out how to recognize its use?

The 17th annual Intellectual Property Academy is July 20-21 in the Lake Geneva area. Register soon for the best price – the early-bird discount expires Friday, Jun 9, 2023.

Practice management advisor Christopher Shattuck explains the technology behind ChatGPT, what it can and cannot do, and why he thinks the tool will not replace human lawyers. Ethics counsel Aviva Kaiser discusses the professional ethics rules implicated by use of the ChatGPT tool.

Jeff Glazer looks at some of the ways in which decentralization and automation are putting strains on the legal frameworks that structure property ownership, organization, and securities in this part 2 of a two-part series about digital currency systems.

Federal legislators and regulators are responding to restrictions on consumers' right to repair vehicles and other products.

How has technology such as the algorithm affected human choice, especially in areas such as economics, politics, and social policy? The concept of human choice is baked into the social contracts of democracies and more specifically into the U.S. Constitution. The author argues that algorithms should augment human intelligence, not replace it.

This article reviews eight Wisconsin federal court decisions from 2021 interpreting Wisconsin law. The decisions touch on a variety of subjects, including tort law, advertising law, civil procedure, insurance law, contract law, corporate law, and intellectual property.

The DTSA has provided trade secret owners with a federal private cause of action and enhanced protections that reach beyond state lines. Still, it has fallen short on its promise of national uniformity. This progress report examines whether the DTSA has lived up to its proponents’ aspirations and how it has affected trade secret litigation nationally and in Wisconsin.

Have you written a song, or do you know a neighborhood band, or are you interested in getting to know copyright law? Here's how to gain a clear, comprehensive understanding of music copyright law (while you listen to some great Fab Four songs!).

The North woods getaway called “Bibs Resort” and its red “bibs” logo was the subject of a recent 4-3 decision by the state supreme court, which ruled that ownership of the tradename and trademark in dispute transferred to a new owner upon sale of the resort.

Construction attorneys need to be familiar with intellectual property principles and copyright matters associated with their clients’ businesses. In part 2 of this two-part series, Bryan Kroes discusses additional practical copyright considerations, including trademarks and patents.

Construction attorneys should be familiar with intellectual property principles and copyright matters associated with their clients’ businesses. In part 1 of this two-part series, Bryan Kroes provides an introduction to copyright and how it intersects with construction projects.

Civil litigation often involves complex ideas, especially in patent law. Former Judge James Troupis offers a plea on behalf of all judges: As with a jury, consider what the court needs to understand the case.

The copyright termination right can be little known among lawyers who don’t practice copyright law, yet it can alter the course of estate and marital property plans. Elizabeth Russell discusses the details of the copyright termination right in estate planning.

Have questions about patents and don't know where to begin? Legal research specialist Sandra Whitney discusses some of the best resources to get you started when researching intellectual property topics.

Whether you are a seasoned professional in advising clients on protecting their trade secrets or expanding your practice to defend against copyright infringement claims, Intellectual Property in Wisconsin is the leading resource to support your practice.

A recent U.S. Supreme Court decision narrows where plaintiffs alleging patent infringement may file suit. In this article, two IP trial attorneys explain the development, as well as a challenge to Inter Partes Review proceedings.

Several states have legalized the recreational or medical use of marijuana and their treasuries are seeing the benefits. Wisconsin is not one of them, yet. Federal law still criminalizes use of marijuana. Lawyers representing marijuana-related businesses must navigate conflicting state and federal laws to help their clients operate legally and reach full commercial potential.

Individuals who contemplate misappropriating or stealing intellectual property, take heed: the Defend Trade Secrets Act of 2016 significantly increases the potential costs and penalties of stealing trade secrets. Read how Wisconsin lawyers can use the Act to protect clients who own or use trade secrets.

Circuit courts could have a dedicated docket for large claim business and commercial cases in the near future, under a proposal recently submitted by a committee created by Wisconsin Supreme Court Justice Patience Roggensack.

Register by June 24 for the best rates at the 11th Annual Door County Intellectual Property Academy, presented by the Intellectual Property and Technology Law Section of the State Bar of Wisconsin.

Lawyers who practice “arts law” represent individuals and entertainment-industry businesses but also any business that uses visual images – and other types of creative works – on its products or as part of its marketing or advertising. This article identifies the key considerations for individuals who create art and businesses that buy, commission, or use visual images.

Imitation can be the trigger for a copyright-infringement lawsuit. This article discusses the copyright fair use doctrine – and several recent notable decisions in which courts applied the doctrine to artists’ and entrepreneurs’ creation of works using cutting-edge electronic techniques.

Intellectual property can be a significant element of a person’s estate, and for artists, that intellectual property likely will be copyright. For lawyers advising clients, identifying, and cataloging property consisting of copyright is particularly important – and challenging.

How confidently could you advise a client about keeping trade secrets or whether an idea is patentable? Here’s where to turn for fast and accurate answers – Intellectual Property Law in Wisconsin is newly revised and expanded for 2016.

For players in the ever-expanding food and beverage market, health-related labels, the rise of craft breweries, and new food-safety laws require the assistance of savvy counsel. This article looks at food and beverage laws, giving a glimpse into the challenges and opportunities that face this dynamic industry.

Natalie Betz helps lawyers understand the basic science behind modern biotechnology to better serve their biotechnology clients.

Biotech may seem like the sole province of highly credentialed scientists, but like any other industry, it needs lawyers to draft contracts, enforce patents, and ultimately design laws that protect research and prevent abuse.

Jan. 6, 2016 – The legal profession is central to the growth of the biotech industry, and lawyers are needed. To bring together lawyers, scientists and leaders of the biotech field, the State Bar of Wisconsin PINNACLE® is hosting the inaugural 2016 Biotech and the Law Global Conference and Expo in May.

Wisconsin’s bioscience industry is booming, creating opportunity, not just for the scientists that conduct bench research, but for lawyers, too. Read how lawyers serving the biotech arena are making an impact, what they’re doing, and how they got to where they are. There are many entry points to the field, and you don’t have to be a scientist to participate.

Oct. 7, 2015 – The biotechnology industry continues to grow, globally and in Wisconsin. Learn why lawyers are essential in helping biotechnology companies grow and prosper.

A business called “Sconnie Nation” used a photo of Madison Mayor Paul Soglin to sell t-shirts at the famous (or infamous) Mifflin Street Block Party. Recently, the U.S. Court of Appeals for the Seventh Circuit said that was okay.

June 18, 2014 – In this article, gain insight on so-called “patent trolls” as well as a new Wisconsin law that gives businesses and individuals more protection from threats or assertions that they are infringing a patent or pending patent.

The State Bar of Wisconsin National Mock Trial planning team is calling on attorneys, judges and experienced teachers and coaches from around the state to step up to the bench and volunteer to serve on a judging panel during the 2014 National High School Mock Trial Championship on May 9 and 10 in Madison.

Help the State Bar of Wisconsin send a bill to the governor’s desk, which would return first-time, nonviolent 17-year-old offenders to juvenile court jurisdiction.

Madison-based artist Quincy Neri designed a glass-blown sculpture installation called the “Mendota Reflection,” photos of which were featured by various project participants. Recently, a federal appeals court ruled in favor of Neri.

Wisconsin privacy law and intellectual property law protect against the use of an individual’s name for trade or advertising purposes. However, the Wisconsin Court of Appeals in Habush v. Cannon found that such protections did not prevent a law firm from using two competing attorneys’ names to generate advertising on Internet search engines.

May 15, 2013 – The Intellectual Property Law Section presents its Eighth Annual Door County IP Academy in Sturgeon Bay on July 18 and July 19. This year’s academy will feature world-renowned speakers, including chief judges, USPTO officials, leading in-house counselors, jury consultants, and IP subject matter experts, all presenting best-in-class IP CLE sessions.

The Cannon & Dunphy law firm did not violate the privacy rights of Robert Habush and Daniel Rottier, of Habush Habush & Rottier, when it purchased the Internet search terms “Habush” and “Rottier” to divert Internet users to its own website.

Significant reforms to U.S. patent laws move from a "first-to-invent" to a "first-inventor-to-file" system, create new proceedings for challenging patents, and implement litigation reforms, with the goal of creating millions of jobs and securing the United States' position as an innovative-technology leader.

June 25, 2012 – Personal injury lawyers Robert Habush and Daniel Rottier, of Habush & Rottier S.C., say a competing personal injury firm's Internet advertising strategy violates their right to privacy. Now, the Wisconsin Supreme Court may decide.

June 8, 2012 – South Park, a popular and highly satirical cartoon for adults, was the subject of a recent opinion by the U.S. Court of Appeals for the Seventh Circuit, which decided it was okay for the makers of South Park to parody a copyrighted video in one of its episodes.

Sept. 21, 2011 – The America Invents Act, signed Sept. 16, marks the biggest change to the U.S. patent system since the 1950s. In this article, intellectual property attorney Michael Cronin discusses some of the major changes, including the move to a "first-to-file" approach.

Aug. 3, 2011 – In this video, employment law attorney Luis Arroyo discusses to what degree an employer can monitor an employee's electronic activity, how such information can be used when making employment-related decisions, and how the employer can protect its information from disclosure.

June 15, 2011 – In this video, Madison attorneys James Peterson and Jennifer Gregor clarify basic principles of copyright infringement and plagiarism as they apply to the work of lawyers.

June 9, 2011 – What happens when privacy clashes with free speech? Jeffrey Rosen, professor of law at George Washington University, talked about protecting reputations in a digital world - as well as other topics concerning privacy issues and employers - today at the State Bar of Wisconsin PINNACLE's Real Estate and Business Law Institute.

June 7, 2011 – Cypress Hill, a popular hip-hop band, released a 1993 album that included a "looped" version of a song co-written by American blues singer Syl Johnson. Johnson sued Cypress Hill for copyright infringement, seeking $29 million, and recently lost his latest claim.

Although we live in a time when people daily read, watch, listen to, and use a host of copyrighted works in a variety of forms and media, what constitutes legal use and exploitation is fundamentally misunderstood. Here, the author debunks 10 copyright myths, misconceptions, and misunderstandings.

The purpose of lawyers' legal writing is not to demonstrate our individual skills; it is to communicate on behalf of our clients and advance their goals. The authors clarify the basic principles of copyright infringement and plagiarism as they apply to the work of lawyers.

Lawyers do a lot of copying. Why charge a client to create a document from scratch when you can draw from many existing sources? In this video, available online with the June 2011 Wisconsin Lawyer, the authors clarify the basic principles of copyright infringement and plagiarism, and advocate for a flexible notion of plagiarism adapted to the needs of the institutions in which lawyers work.

After your death, will your family know how and where to access sentimental family heirlooms such as the generations of family photos you digitally scanned from well-thumbed originals? What about your online bank, credit card, investment and social media accounts?

Oct. 6, 2010 – An internet search engine that links someone’s name to distasteful websites does not violate federal trademark law because one does not have a commercial interest in his or her name, a Seventh Circuit Court of Appeals panel recently held.

May 6, 2009 – Last year’s rampant flooding in Wisconsin pointed out a need that this program is designed to meet. Attend an afternoon of free training from 12:30 to 4:10 p.m. on May 21 in Madison to educate lawyers about common legal issues faced by victims of a natural disaster. Hear legal services professionals from the Federal Emergency Management Agency (FEMA), representatives from the Department of Agriculture, Trade and Consumer Protection, as well as private practitioners discuss how disasters af

April 15, 2009 – The next time you plan to attend a State Bar seminar, you can add it to your electronic calendar when you register by using WisBar’s new “Add to My Calendar” feature. Once you have registered, click the “Add to My Calendar” hyperlink. You will receive an email notification of your event with instructions on how to save the event to your electronic calendar. The feature works for Outlook and Google users.

Apirl 15, 2009 – Did you know that the State Bar of Wisconsin is the official record keeper for agencies that regulate the practice of law in Wisconsin? That means, when your State Bar member record is out of date or incorrect, it affects more than just the Bar. It could affect communications from the Wisconsin Office of Lawyer Regulation, Board of Bar Examiners, and Wisconsin Supreme Court.

April 15, 2009 – Today, our country is experiencing one of the most troubling economic periods since the Great Depression, and the legal profession is not immune from the effects. These difficult times make finding cost-effective ways to connect with paying clients more important than ever.

April 15, 2009 – The State Bar Practice411™ Breakfast & Business: Eggs, Ethics and Answers series will be presented on April 22 in Platteville and June 17 in Pembine. Pembine program information is not yet available. Pembine is conveniently located about an hour and a half from Rhinelander, Green Bay, and Marinette, and about a half hour from Iron Mountain, Mich. Both seminars, presented in two sessions, will begin with a hot breakfast at 8:15 a.m. and conclude at 11:15 a.m.

March 18, 2009, – Today, our country is experiencing one of the most troubling economic periods since the Great Depression, and the legal profession is not immune from the effects. These difficult times make finding cost-effective resources to connect with paying clients more important than ever.

More than 5,300 lawyers, judges, law office support staff, and court personnel subscribe to the State Bar's CaseLaw Express. This free weekly email service keeps members abreast of recent cases that have been added to WisBar's case law archives. Recently redesigned, the new format is easier to scan, saving subscribers valuable time.

The use of blogs as a forum for online communication is gaining popularity and their content is gaining influence. Yet the structure and nature of blogs raise a litany of challenging legal issues, including ones involving defamation, privacy, and copyright law.

Intellectual property crimes committed via computer pose serious threats and compliance challenges. How will you respond if a cyber-savvy IP criminal strikes your client?