reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 126 - Agricultural producer security. › 126.82 - Investigations.

126.82
Investigations.
The department may conduct investigations that it considers necessary for the administration of this chapter, including investigations to determine any of the following:
(1)
Whether a contractor complies with this chapter.
(2)
Whether a contractor is able to honor contract obligations when due.
(3)
Whether a contractor has failed to honor contract obligations when due.
(4)
Whether a grain warehouse keeper has sufficient grain on hand to meet the grain warehouse keeper's obligations to depositors.
(5)
The nature and amount of a contractor's storage obligations or other contract obligations.
History:  2001 a. 16.
2023 Wisconsin Statutes & Annotations › Chapter 126 - Agricultural producer security. › 126.84 - Records; confidentiality.

126.84
Records; confidentiality.
(1)
Public records exemption. The following records obtained by the department under this chapter are not open to public inspection under s. 19.35:
(a)
Contractor financial statements.
(b)
A contractor's purchase, storage, or procurement records.
(2)
Use of records in court or administrative proceedings. Notwithstanding sub. (1), the department may introduce any information obtained under this chapter in a court proceeding or administrative contested case, subject to any protective order that the court or administrative tribunal determines to be appropriate.
History:  2001 a. 16.
2023 Wisconsin Statutes & Annotations › Chapter 126 - Agricultural producer security. › 126.86 - License actions.

126.86
License actions.
(1)
General. The department may for cause deny, suspend, revoke, or impose conditions on a contractor's license, as provided in s. 93.06 (7) and (8). Cause may include any of the following:
(a)
The contractor fails to comply with this chapter or a rule promulgated under this chapter.
(b)
The contractor fails to comply with an order that the department issues under this chapter.
(c)
The contractor fails to provide relevant information that the department requests under this chapter or falsifies information provided to the department.
(d)
The contractor fails to file a financial statement, security, fees, or assessments required under this chapter, or fails to meet other requirements for licensing.
(e)
The contractor fails to honor contract obligations to persons who are authorized to file default claims under s. 126.70 (1).
(f)
The contractor fails to pay an amount owed under s. 126.73 within 60 days after the contractor receives a written demand for payment from the department or other person to whom payment is due under s. 126.73.
(2)
Hearing on license action; general. Except as provided in sub. (3), the department shall give a contractor notice and an opportunity for hearing before the department suspends, revokes, or imposes conditions on a license held by the contractor.
(3)
Summary action.
(a)
The department may, without prior notice or hearing, summarily suspend, revoke, or impose conditions on a license held by a contractor if the department finds that any of the conditions identified in s. 126.85 (2) exist or otherwise finds that summary action is necessary to prevent a clear and imminent threat of harm to persons protected under this chapter.
(b)
A contractor who is the subject of a summary action under par. (a) may, within 10 days after receiving notice of that action, request a hearing on the action. The department shall hold an informal hearing as soon as possible after receiving a hearing request, but not later than 10 days after receiving the hearing request, unless the contractor waives the informal hearing or agrees to hold it at a later date. If the matter is not resolved at the informal hearing, the department shall hold a contested case hearing under ch. 227 as soon as reasonably possible.
(c)
A request for hearing under par. (b) does not automatically stay a summary action under par. (a). The department may stay a summary action pending hearing.
History:  2001 a. 16; 2003 a. 38; 2009 a. 296.
2023 Wisconsin Statutes & Annotations › Chapter 126 - Agricultural producer security. › 126.87 - Court actions.

126.87
Court actions.
(1)
Injunction. The department may petition the circuit court for an ex parte temporary restraining order, a temporary injunction, or a permanent injunction to prevent, restrain, or enjoin any person from violating this chapter, any rule promulgated under this chapter, or any order issued under this chapter. The department may seek this remedy in addition to any other penalty or remedy provided under this chapter.
(2)
Penalties.
(a)
A person who violates this chapter, a rule promulgated under this chapter, or an order issued under this chapter is subject to a forfeiture of not less than $250 nor more than $5,000 for each violation.
(b)
A person who intentionally violates this chapter, a rule promulgated under this chapter, or an order issued under this chapter may be fined not more than $10,000 or imprisoned for not more than one year in the county jail or both.
(4)
Private remedy.
(a)
A person whose claim is allowed under s. 126.70 may bring an action against the contractor to recover the amount of the allowed claim, less any recovery amount that the department pays to the claimant under s. 126.71. In any court action under this subsection, the claimant may recover costs including all reasonable attorney fees, notwithstanding s. 814.04 (1). This subsection does not limit any other legal cause of action that the claimant may have against the contractor.
(b)
A claim allowed under s. 126.70 has the same priority in an insolvency proceeding or creditor's action as a claim for wages, except as otherwise provided by federal law.
(5)
Collections. The department may bring an action in court to recover any unpaid amount that a contractor owes the department under this chapter, including any unpaid fund assessment or reimbursement.
History:  2001 a. 16.
2023 Wisconsin Statutes & Annotations › Chapter 126 - Agricultural producer security. › 126.88 - Modifying fund assessments.

126.88
Modifying fund assessments.
(1)
The department may by rule modify the fund assessments provided under s. 126.15, 126.30, or 126.60. The department shall modify fund assessments under ss. 126.15, 126.30, 126.46, and 126.60 as necessary to do all of the following:
(a)
Maintain an overall fund balance of at least $5,000,000, but not more than $22,000,000.
(b)
Maintain a combined fund balance attributable to grain dealers and grain warehouse keepers of at least $1,200,000, but not more than $7,000,000.
(d)
Maintain a fund balance attributable to milk contractors of at least $3,000,000, but not more than $12,000,000.
(e)
Maintain a fund balance attributable to vegetable contractors of at least $800,000, but not more than $3,000,000.
(2)
(a)
If the fund balance for a portion of the fund under sub. (1) (b) to (e) falls below the minimum amount required for that portion of the fund, the department shall by rule modify the assessment rates for the type of contractor that contributes to that portion of the fund so that the assessment rates are adequate to reach and maintain the minimum balance within a reasonable time.
(b)
The department may use the procedure under s. 227.24 to promulgate a rule modifying an assessment under par. (a). In a rule promulgated under this paragraph, the department may not provide that the modification of an assessment takes effect before the beginning of the next license year. Notwithstanding s. 227.24 (1) (c) and (2), a rule promulgated under this paragraph may remain in effect for not more than 24 months. Notwithstanding s. 227.24 (1) (a) and (3), the department is not required to determine that promulgating a rule under this paragraph as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this paragraph.
History:  2001 a. 16; 2009 a. 296; 2017 a. 155.
2023 Wisconsin Statutes & Annotations › Chapter 126 - Agricultural producer security. › 126.89 - Calculations.

126.89
Calculations.
If a number used in or resulting from a calculation made to determine the amount of an assessment under s. 126.15, 126.30, 126.46, or 126.60, other than a number that appears in one of those sections, extends more than 6 decimal places to the right of the decimal point, a person making the calculation shall round the number to the nearest whole digit in the 6th decimal place to the right of the decimal point. The amount of an assessment may be rounded to the nearest whole dollar.
History:  2001 a. 16.
2023 Wisconsin Statutes & Annotations › Chapter 126 - Agricultural producer security. › 126.90 - Agricultural producer security council.

126.90
Agricultural producer security council.
The agricultural producer security council shall advise the department on the administration and enforcement of this chapter. The council shall meet as often as the department considers necessary, but at least once annually. The department shall inform the council of fund balances and payments. The department shall consult with the council before acquiring any contingent financial backing under s. 126.06 and before modifying any license fee, license surcharge, or fund assessment under this chapter.
History:  2001 a. 16; 2003 a. 38.
2023 Wisconsin Statutes & Annotations › Chapter 128 - Creditors' actions. › 128.001 - Definitions.

128.001
Definitions.
In this chapter:
(1)
Insolvent. A person is considered “insolvent" whenever any of the following conditions is met:
(a)
The aggregate of the person's property, exclusive of any property that the person may have conveyed, transferred, concealed or removed, or permitted to be concealed or removed, with intent to defraud, hinder or delay the person's creditors, shall not, at a fair valuation be sufficient in amount to pay the person's debts.
(b)
An execution against the person or the person's property is returned unsatisfied.
(c)
The person makes an assignment for the benefit of creditors.
(2)
Petition. “Petition" means a petition for the appointment of a receiver under this chapter.
History:  1997 a. 253.
2023 Wisconsin Statutes & Annotations › Chapter 128 - Creditors' actions. › 128.01 - Jurisdiction.

128.01
Jurisdiction.
The circuit courts shall have supervision of proceedings under this chapter and may make all necessary orders and judgments therefor; and all assignments for the benefit of creditors shall be subject to this chapter.
History:  1977 c. 449.
This chapter does not encroach upon the field occupied by the federal bankruptcy act merely because the chapter provides for a distribution, either voluntary or not, of assets of an insolvent corporation among its creditors. Gelatt v. DeDakis, 77 Wis. 2d 578, 254 N.W.2d 171 (1977).
Chapter 128: Wisconsin's Bankruptcy Alternative. Murrell. Wis. Law. May 2008.
Chapter 128: A Change Will Do Us Good. Furay. Wis. Law. June 2019.
2023 Wisconsin Statutes & Annotations › Chapter 128 - Creditors' actions. › 128.02 - Assignment; mistakes; amendments.

128.02
Assignment; mistakes; amendments.
(1)
Voluntary assignments for the benefit of creditors may be made to an assignee who is a resident of this state, who shall, before taking possession of the property assigned and before taking upon himself or herself any trust conferred by the assignment, file the assignment and deliver to the clerk of the circuit court of the county in which such assignor resides or has his or her principal place of business at the time of the assignment, a bond as required by s. 128.09.
(2)
No assignment shall be void because of any defect, informality or mistake in the assignment or in the bond, inventory or list of creditors accompanying the assignment. The court may direct the amendment of the assignment or of any other document to effect the intention of the assignor or assignee, or to obtain a distribution of the assignor's assets as provided in this chapter, and any such amendment shall relate back to the time of the execution of the document. No mistake in filing a copy instead of an original or any like mistake or inadvertent failure to comply with this chapter shall void the assignment.
(3)
(a)
No creditor shall, in case a debtor has attempted to make an assignment for the benefit of creditors, or in case of the insolvency of any debtor, by attachment, garnishment or otherwise, obtain priority over other creditors upon the assignment being adjudged void, or in consequence of any sale, lien or security being adjudged void.
(b)
In all cases described in par. (a), the property of the debtor shall be administered for the ratable benefit of all of the debtor's creditors under the direction of the court by the assignee or by a receiver.
History:  1993 a. 492; 1997 a. 253.
2023 Wisconsin Statutes & Annotations › Chapter 128 - Creditors' actions. › 128.03 - Liens by legal proceedings; assignment.

128.03
Liens by legal proceedings; assignment.
When a lien has been obtained by legal proceedings against the property of a debtor the debtor may, within 30 days thereafter, make an assignment of all of the debtor's nonexempt property for the benefit of all of the debtor's creditors, whereupon the lien shall be dissolved and the property shall be turned over to the assignee.
History:  1993 a. 492; 1997 a. 253.
2023 Wisconsin Statutes & Annotations › Chapter 128 - Creditors' actions. › 128.05 - Assignee's consent, recording copy of assignment.

128.05
Assignee's consent, recording copy of assignment.
(1)
The assignee shall endorse in writing the assignee's acceptance of the assignment, and shall file the assignment with the clerk of circuit court in the county where the debtor has his or her residence or principal place of business. The court shall, upon the filing of the assignment, order the assignee to administer the debtor's estate pursuant to this chapter, and the assignee shall be vested with the powers of a receiver.
(2)
A certified copy of an assignment filed under sub. (1) may be recorded in the office of the register of deeds of any county wherein lands are conveyed by the assignment in the same manner and with the same effect as other conveyances.
History:  1993 a. 492; 1997 a. 253.
An assignee is a trustee for both the debtor and creditors, but must look primarily to the interests of creditors. Voluntary Assignment of Linton v. Schmidt, 88 Wis. 2d 183, 277 N.W.2d 136 (1979).
2023 Wisconsin Statutes & Annotations › Chapter 128 - Creditors' actions. › 128.06 - Assignee required to comply, when.

128.06
Assignee required to comply, when.
(1)
The assignee under a voluntary assignment not previously filed under the provisions of this chapter shall upon petition of any creditor without proof of the insolvency of the assignor be required to file the assignment and comply with the provisions of this chapter.
2023 Wisconsin Statutes & Annotations › Chapter 128 - Creditors' actions. › 128.08 - Receiver; custodian.

128.08
Receiver; custodian.
(1)
The court within the proper county may sequestrate the property of a debtor and appoint a receiver therefor:
(a)
When an execution against a judgment debtor is returned unsatisfied in whole or in part.
(b)
When a corporation has been dissolved or is insolvent or is in imminent danger of insolvency or has forfeited its corporate rights.
(2)
Upon application duly made, the court shall appoint as receiver the person nominated by the petitioning creditor or creditors, subject to s. 128.10.
A defendant who was notified of the proceeding to appoint a receiver and participated in the proceedings cannot, after the lapse of one year, object to irregularities. Home Bank v. Becker, 48 Wis. 2d 1, 179 N.W.2d 855 (1970).
Due process procedures required for determination of receivership are not required for selection of a receiver. Anchor Coatings, Inc. v. De Gelleke Co., 71 Wis. 2d 333, 237 N.W.2d 725 (1976).
The power recognized by sub. (1) is inherent in the courts. Northridge Bank v. Community Eye Care Center, 91 Wis. 2d 298, 282 N.W.2d 632 (Ct. App. 1979).
2023 Wisconsin Statutes & Annotations › Chapter 128 - Creditors' actions. › 128.09 - Bond.

128.09
Bond.
In order to qualify, the receiver or assignee shall give to and file with the clerk of the court a bond sufficient to cover all property likely to come into the receiver's or assignee's hands, conditioned in the usual manner with surety to be approved by the judge having supervision of the proceedings.
History:  1993 a. 492.
2023 Wisconsin Statutes & Annotations › Chapter 128 - Creditors' actions. › 128.10 - Meetings of creditors; removal or death of receiver.

128.10
Meetings of creditors; removal or death of receiver.
(1)
The court may provide for hearings and meetings of creditors to elect a receiver or to pass upon matters submitted to creditors by a majority vote in number and amount of claims.
(2)
The court may, upon notice and hearing, remove any receiver or assignee who is shown to be incompetent or to have become disqualified, or to have wasted or misapplied any of the trust estate; and shall remove any assignee or receiver upon the application of a majority of the creditors who shall represent a majority in number and amount of claims against said estate, and order a settlement of the receiver's or assignee's account and the surrender of all the estate to a successor, and shall appoint the person named in such petition or some suitable person as the receiver's or assignee's successor, who shall qualify in the manner provided by this chapter; and in place of any receiver or assignee who shall die or be removed, may appoint another who shall give bond and administer said estate pursuant to the provisions of this chapter.
History:  1993 a. 492.
2023 Wisconsin Statutes & Annotations › Chapter 128 - Creditors' actions. › 128.11 - Provisional remedies.

128.11
Provisional remedies.
In all actions authorized by this chapter, appropriate provisional remedies may be had and final relief administered to the equal distribution of all assets recovered among the creditors of the debtor, and the court may make such orders for the payment of costs and expenses as may be just. An action or proceeding authorized by this chapter for the benefit of all creditors may be taken by a creditor although the creditor's demand is not due at the commencement thereof.
History:  1993 a. 492; 1997 a. 253.
2023 Wisconsin Statutes & Annotations › Chapter 128 - Creditors' actions. › 128.12 - Dismissal; intervention.

128.12
Dismissal; intervention.
(1)
After the designation of a receiver or custodian by the court, proceedings under this chapter shall not be dismissed for want of prosecution or by consent of parties until after notice to creditors, and the court shall, before entertaining an application for dismissal, require the debtor to file a list, under oath, of all of the debtor's creditors, with their addresses, and shall cause notice to be sent to all such creditors of the pendency of the application and shall fix a date for such hearing so as to allow parties in interest an opportunity to be heard.
(2)
When proceedings have been commenced under this chapter and are not diligently prosecuted or are so delayed as to cause possible injury to other creditors, any creditor may intervene for the purpose of obtaining a continuance of the administration or dismissal of the proceedings.
History:  1993 a. 492.
2023 Wisconsin Statutes & Annotations › Chapter 128 - Creditors' actions. › 128.13 - Inventory of assets and list of creditors.

128.13
Inventory of assets and list of creditors.
With the filing of an assignment or within 10 days after the appointment of a receiver, the debtor shall file with the clerk of circuit court a correct inventory of the debtor's assets and a list of the debtor's creditors, stating the place of residence of each and the amount due each. The inventory and list shall be verified by the debtor's oath. No mistake in the inventory or list shall affect the rights of any creditor.
History:  1993 a. 492; 1997 a. 253.
2023 Wisconsin Statutes & Annotations › Chapter 128 - Creditors' actions. › 128.14 - Notice; injunction; time of filing claims.

128.14
Notice; injunction; time of filing claims.
(1)
The court shall require creditors to file their verified claims within 3 months from the date of the filing of an assignment or the appointment of a receiver and may enjoin proceedings by any other creditor against the insolvent. The receiver or assignee shall be required to give notice promptly to the department of revenue and to all creditors of the pendency of the proceeding, the injunction against other actions and the time within which creditors are required to file claims. The notice shall be mailed to the department of revenue and to each creditor at the creditor's last-known address and shall be published in the county as a class 3 notice under ch. 985.
(2)
Creditors not filing claims within the time limited may be precluded from participation in any dividend which may be declared.
History:  1993 a. 492.
2023 Wisconsin Statutes & Annotations › Chapter 128 - Creditors' actions. › 128.16 - Discovery.

128.16
Discovery.
(1)
The court may compel the debtor to discover any property alleged to belong or to have belonged to him or her, the disposition of the property and the consideration and all the circumstances of the disposition. Every officer, agent or stockholder of a corporation, every manager or member of a limited liability company and every person to whom it shall be alleged that any transfer of property has been made, or in whose possession or control the property is alleged to be, may be compelled to testify in relation to the property and to the transfer or possession of the property; but the witness shall not be liable to criminal prosecution or proceeding for or on account of his or her testimony.
(2)
The immunity provided under sub. (1) is subject to the restrictions under s. 972.085.
History:  1989 a. 122; 1993 a. 112; 1997 a. 253.
A debtor who is compelled to answer an interrogatory may be granted immunity without a request from the district attorney. A refusal to answer the interrogatory without an order under this section was sufficient invocation of the privilege against self-incrimination. State v. Worgull, 128 Wis. 2d 1, 381 N.W.2d 547 (1986).
2023 Wisconsin Statutes & Annotations › Chapter 128 - Creditors' actions. › 128.17 - Order of distribution.

128.17
Order of distribution.
(1)
The order of distribution out of the debtor's estate shall be as follows:
(a)
The actual and necessary costs of preserving the estate subsequent to the commencement of the proceedings.
(b)
Costs of administration including a reasonable attorney's fee for the representation of the debtor.
(d)
Wages, including pension, welfare and vacation benefits, due to workmen, clerks, traveling or city salespersons or servants, which have been earned within 3 months before the date of the commencement of the proceedings, not to exceed $600 to each claimant.
(e)
Taxes, assessments and debts due the United States, this state or any county, district or municipality.
(f)
Other debts entitled to priority.
(g)
Debts due to creditors generally, in proportion to the amount of their claims, as allowed.
(h)
After payment of the foregoing, the surplus, if any, shall be returned to the debtor.
(2)
Debts to become due as well as debts due may be proved, but a lessor's claim shall be limited to past due rent, and to any actual damage caused the lessor by a rejection of the lease on the part of the debtor or by its termination by force of its provisions. The lessor shall be entitled to payment in full, at the rate specified in the lease, for the period of any actual occupancy by the receiver or assignee.
(3)
The receiver or assignee may pay or the court may order a dividend to be paid at any time, making such provision as shall be necessary for the protection of claims in dispute.
(4)
The receiver or assignee shall, as soon as practicable, report to the court the amount due the employees of the debtor and the court shall order the receiver or assignee to promptly pay, if practicable, such wage claims as have priority under this chapter.
History:  1971 c. 63; 1983 a. 27; 1993 a. 492; 1999 a. 32.
2023 Wisconsin Statutes & Annotations › Chapter 128 - Creditors' actions. › 128.19 - Title to property.

128.19
Title to property.
(1)
The receiver or assignee upon qualifying shall be vested by operation of law with the title of the debtor as of the date of the filing of the petition or assignment hereunder, except so far as it is property which is exempt, including:
(a)
Property transferred by the debtor in fraud of the debtor's creditors.
(b)
Property which prior to the filing of the petition or assignment the debtor could by any means have transferred or which might have been levied upon and sold under judicial process against the debtor.
(c)
Rights of action arising upon contracts or from the unlawful taking or detention of or injury to the debtor's property.
(2)
The receiver or assignee may avoid any transfer by the debtor of the debtor's property which any creditor might have avoided and may recover the property so transferred or its value from the person to whom it was transferred unless the transferee was a bona fide holder for value prior to the filing of the petition or assignment hereunder.
History:  1993 a. 492; 1995 a. 225.
2023 Wisconsin Statutes & Annotations › Chapter 128 - Creditors' actions. › 128.20 - Settlement of receiver's or assignee's accounts.

128.20
Settlement of receiver's or assignee's accounts.
(1)
(a)
Every receiver or assignee shall, within 6 months after the time limited for filing claims or within any further time that the court allows, file with the clerk of circuit court a full and itemized statement, verified by the receiver's or assignee's oath, showing all of the following in regard to the receivership or assignment:
1.
The property received by the receiver or assignee.
2.
The manner of the receiver's or assignee's dealing with the property received.
3.
The amount of money realized by the receiver or assignee.
4.
The condition of the property and funds in the receiver's or assignee's possession.
5.
The names and residences of the debtor's creditors.
6.
The dividends paid to the debtor's creditors.
7.
The receiver's or assignee's receipts and disbursements.
8.
The receiver's or assignee's claim for compensation and administration expenses.
(b)
If any receiver or assignee neglects to apply promptly for a settlement of his or her account, the court may, upon application of any creditor, compel the making and filing of the account or settlement of the account and in that case the receiver or assignee may be denied compensation.
(2)
Upon filing the report described in sub. (1) (a), the receiver or assignee may apply to the court upon not less than 10 days' notice by mail to the respective creditors named in the report, for a final settlement of the account. The court shall fix a time and place for the hearing of objections or taking of evidence and by order settle and adjust the accounts and the compensation and expenses of the receiver or assignee, regardless of whether objection is made. The order shall be conclusive upon all parties including the sureties of the receiver or assignee. The receiver or assignee or any creditor may appeal from the order in the manner prescribed for appeals in civil actions except that the receiver or assignee may file a notice and undertaking with the clerk without other service of the notice and undertaking. The receiver or assignee shall be discharged of the trust and the bond canceled upon compliance with the final order of the court.
History:  1983 a. 219; 1993 a. 492; 1997 a. 253.
Judicial Council Note, 1983: Sub. (2) is amended by repealing the appeal deadline of 30 days from entry for greater uniformity. An appeal must be initiated within the time specified in s. 808.04 (1), stats. [Bill 151-S]
2023 Wisconsin Statutes & Annotations › Chapter 129 - Consignments of works of fine art. › 129.01 - Definitions.

129.01
Definitions.
In this chapter:
(1)
“Art dealer" means a person engaged in the business of selling works of fine art, other than a person exclusively engaged in the business of selling goods at public auction.
(2)
“Artist" means the creator of a work of fine art.
(3)
“On consignment" means delivered to an art dealer for the purpose of sale or exhibition, or both, to the public by the art dealer other than at a public auction.
(4)
“Work of fine art" means an original art work which is:
(a)
A visual rendition including, but not limited to, a painting, drawing, sculpture, mosaic or photograph.
(b)
A work of calligraphy.
(c)
A work of graphic art, including, but not limited to, an etching, lithograph, offset print or silk screen.
(d)
A craft work in materials, including but not limited to clay, textile, fiber, wood, metal, plastic or glass.
(e)
A work in mixed media, including, but not limited to, a collage or a work consisting of any combination of pars. (a) to (d).
History:  1979 c. 61.
2023 Wisconsin Statutes & Annotations › Chapter 129 - Consignments of works of fine art. › 129.02 - Art dealer and artist; relationship.

129.02
Art dealer and artist; relationship.
If an art dealer accepts a work of fine art, on a fee, commission or other compensation basis, on consignment from the artist who created the work of fine art:
(1)
The art dealer is, with respect to that work of fine art, the agent of the artist.
(2)
The work of fine art is trust property and the art dealer is trustee for the benefit of the artist until the work of fine art is sold to a bona fide 3rd party.
(3)
The proceeds of the sale of the work of fine art are trust property and the art dealer is trustee for the benefit of the artist until the amount due the artist from the sale is paid.
(4)
The art dealer is strictly liable for the loss of or damage to the work of fine art while it is in the art dealer's possession. The value of the work of fine art is, for the purpose of this subsection, the value established in a written agreement between the artist and art dealer prior to the loss or damage or, if no written agreement regarding the value of the work of fine art exists, the fair market value of the work of fine art.
History:  1979 c. 61.
2023 Wisconsin Statutes & Annotations › Chapter 129 - Consignments of works of fine art. › 129.03 - Trust property.

129.03
Trust property.
(1)
If a work of fine art is trust property under s. 129.02 when initially received by the art dealer it remains trust property notwithstanding the subsequent purchase of the work of fine art by the art dealer directly or indirectly for the art dealer's own account until the purchase price is paid in full to the artist.
(2)
If the art dealer resells a work of fine art to which sub. (1) applies to a bona fide 3rd party before the artist has been paid in full, the work of fine art ceases to be trust property and the proceeds of the resale are trust funds in the hands of the art dealer for the benefit of the artist to the extent necessary to pay any balance still due to the artist. The trusteeship of the proceeds continues until the fiduciary obligation of the art dealer with respect to the transaction is discharged in full.
History:  1979 c. 61.
2023 Wisconsin Statutes & Annotations › Chapter 129 - Consignments of works of fine art. › 129.04 - Trust property, art dealer's creditors.

129.04
Trust property, art dealer's creditors.
No property which is trust property under s. 129.02 or 129.03 is subject to the claims, liens or security interests of the creditors of the art dealer, notwithstanding chs. 401 to 411.
History:  1979 c. 61; 1991 a. 148, 304, 315.
2023 Wisconsin Statutes & Annotations › Chapter 129 - Consignments of works of fine art. › 129.05 - Art dealer required to obtain written contract.

129.05
Art dealer required to obtain written contract.
(1)
An art dealer may accept a work of fine art, on a fee, commission or other compensation basis, on consignment from the artist who created the work of fine art only if prior to or at the time of acceptance the art dealer enters into a written contract with the artist establishing:
(a)
The value of the work of fine art;
(b)
The time within which the proceeds of the sale are to be paid to the artist, if the work of fine art is sold; and
(c)
The minimum price for the sale of the work of fine art.
(2)
If an art dealer violates this section a court may, at the request of the artist, void the obligation of the artist to that art dealer or to a person to whom the obligation is transferred, other than a holder in due course.
History:  1979 c. 61.
2023 Wisconsin Statutes & Annotations › Chapter 129 - Consignments of works of fine art. › 129.06 - Art dealer; duties.

129.06
Art dealer; duties.
An art dealer who accepts a work of fine art, on a fee, commission or other compensation basis, on consignment from the artist who created the work of fine art may use or display the work of fine art or a photograph of the work of fine art or permit the use or display of the work of fine art or a photograph of the work of fine art only if:
(1)
Notice is given to users or viewers that the work of fine art is the work of the artist; and
(2)
The artist gives prior written consent to the particular use or display.
History:  1979 c. 61.
2023 Wisconsin Statutes & Annotations › Chapter 129 - Consignments of works of fine art. › 129.08 - Penalty.

129.08
Penalty.
Any art dealer who violates s. 129.05 or 129.06, is liable to the artist in an amount equal to:
(1)
$50; and
(2)
The actual damages, if any, including the incidental and consequential damages, sustained by the artist by reason of the violation and reasonable attorney fees.
History:  1979 c. 61.
2023 Wisconsin Statutes & Annotations › Chapter 132 - Trademarks, badges and labeled products. › 132.001 - Definitions.

132.001
Definitions.
In this chapter, unless the context indicates otherwise:
(1)
“Counterfeit mark" means a spurious mark that is identical to or substantially identical to a genuine mark and that is used or intended to be used on or in connection with goods or services for which the genuine mark is registered and in use. “Counterfeit mark" does not mean any mark or designation used in connection with goods or services if, at the time the goods or services were manufactured or produced, the holder of the right to use the mark authorized the manufacturer or producer to use the mark or designation for the type of goods or services manufactured or produced.
(1m)
“Department" means the department of financial institutions.
(2)
“Mark" means a label, trademark, trade name, term, design, pattern, model, device, shopmark, drawing, specification, designation or form of advertisement that is adopted or used by any person to designate, make known or distinguish any goods or service as having been made, prepared or provided by that person and that is registered by that person under s. 132.01.
History:  1985 a. 181; 2011 a. 32.
Wisconsin law recognizes a common law and statutory cause of action for infringement of trademarks and trade names. Although Wisconsin has long recognized a cause of action for trademark infringement, Wisconsin courts have recognized that the state's jurisprudence on trademark law is undeveloped. Therefore, the courts look to federal law for guidance and key principles as well as to treatises. Ritter v. Farrow, 2021 WI 14, 395 Wis. 2d 787, 955 N.W.2d 122, 18-1518.
A trademark is a word, name, symbol, device, or other designation, or a combination of such designations, that is distinctive of a person's goods or services and that is used in a manner that identifies those goods or services and distinguishes them from the goods or services of others. In contrast, a trade name is a word, name, symbol, device or other designation, or a combination of such designations, that is distinctive of a person's business or other enterprise and that is used in a manner that identifies that business or enterprise and distinguishes it from the businesses or enterprises of others. In short, a trademark identifies and distinguishes goods and services, while a trade name denotes a business or association. In both cases, the key is whether the designation serves as an indicator of the source; in other words, whether it distinguishes the goods/services/business from others so that consumers can identify the source that is connected to the designation. Ritter v. Farrow, 2021 WI 14, 395 Wis. 2d 787, 955 N.W.2d 122, 18-1518.
2023 Wisconsin Statutes & Annotations › Chapter 132 - Trademarks, badges and labeled products. › 132.02 - Duplication or reproduction.

132.02
Duplication or reproduction.
(1)
It shall be unlawful for any person, firm, partnership, corporation, association or union of workingmen, without the consent of the owner of any mark, to remove any such mark attached to merchandise or products of labor, for the purpose of using such merchandise or products of labor as a pattern for the duplicating or reproduction of the same, either in the identical form or in such near resemblance thereto as may be calculated to deceive.
(2)
Nothing herein contained shall be taken to prohibit the using of such merchandise or products of labor as a pattern for the reproduction of the same in individual cases of emergency repairs.
(3)
It shall be unlawful for any other person to make use, with intent to deceive, of that mark or any counterfeit mark which is identical to or substantially identical to that mark, or to utter or display the same orally, or in any printed or written form in the conduct of his or her business or any business transaction without the express consent, license, and authority of the person, firm, partnership, corporation, association, or union so owning the same, and such unauthorized and unlawful use may be prohibited and prevented by injunction or other proper proceeding in a court of competent jurisdiction without recourse to the penal statute providing a punishment for such unlawful use. In case such association or union of workingmen is not incorporated such actions may be commenced and prosecuted by an officer or member of such association or union on behalf of and for the use of such association or union. This subsection does not apply to the purchase of merchandise in good faith from a distributor or the retail sale of that merchandise in good faith.
History:  1985 a. 181; 1991 a. 490.
State action based on an alleged trademark infringement under sub. (3) was not removable to federal court because of federal registration of trademarks. The federal act does not preempt reliance on state trademark laws. Gardner v. Clark Oil & Refining Corp., 383 F. Supp. 151 (1974).
Registration of a mark does not alone confer rights to the claimant. Mil-Mar Shoe Co. v. Shonac Corp., 906 F. Supp. 476 (1995).
21st Century White Collar Crime: Intellectual Property Crimes in the Cyber World. Simon & Jones. Wis. Law. Oct. 2004.
2023 Wisconsin Statutes & Annotations › Chapter 132 - Trademarks, badges and labeled products. › 132.03 - Penalty.

132.03
Penalty.
Every person who knowingly and willfully violates s. 132.01 or 132.02, except those provisions relative to emergency repairs, shall be imprisoned for not more than 6 months or fined not more than $10,000 or both.
History:  1985 a. 181.
2023 Wisconsin Statutes & Annotations › Chapter 132 - Trademarks, badges and labeled products. › 132.031 - Certificate; evidence.

132.031
Certificate; evidence.
The department shall deliver to the person, corporation, association or union so filing or causing to be filed any such mark, or any assignment of such subject matter previously registered, or to any person, corporation, association or union renewing a registration, as many duly attested certificates of the registration or renewal of the same as may be desired. Any such certificate shall, in all suits and prosecutions arising out of or depending upon any rights claimed under such mark, be prima facie evidence of the adoption thereof and of the facts prerequisite to registrations thereof as required by s. 132.01.
History:  1985 a. 181; 2011 a. 32.
2023 Wisconsin Statutes & Annotations › Chapter 132 - Trademarks, badges and labeled products. › 132.032 - Fraudulent filing; remedies.

132.032
Fraudulent filing; remedies.
Any person who, for himself, herself or on behalf of any other person, association or union, procures the filing and recording of any mark by making any false or fraudulent representations or declarations, verbally or in writing, or by any other fraudulent means is liable for any damages sustained as a result of that action, to be recovered by or on behalf of the injured party, and shall be imprisoned for not more than 6 months or fined not more than $10,000 or both.
History:  1985 a. 181.
2023 Wisconsin Statutes & Annotations › Chapter 132 - Trademarks, badges and labeled products. › 132.04 - Filing, publication and cancellation of description; fees.

132.04
Filing, publication and cancellation of description; fees.
(1)
Any person who is the owner of cans, tubs, firkins, boxes, bottles, casks, barrels, kegs, cartons, tanks, fountains, vessels or containers with his or her names, brands, designs, trademarks, devices or other marks of ownership stamped, impressed, labeled, blown in or otherwise marked thereon, may file with the department and record with the register of deeds of any county in which the person has his or her principal place of business, a written statement or description verified by affidavit of the owner or his or her agent, of the names, brands, designs, trademarks, devices or other marks of ownership used by him or her, and of the articles upon which they are used, or if the principal place of business is outside the state, then a written statement or verified description may be recorded with the register of deeds of any county. The statement shall be published as a class 3 notice, under ch. 985, in the county, and a copy of the publication, proved as provided in s. 985.12, shall also be filed with the department and recorded with the register of deeds.
(2)
All such written statements or descriptions and all such certificates of publication so filed or recorded shall be subject at all reasonable hours to public inspection. The department and the register of deeds shall deliver to all applicants certified copies of all such written statements or descriptions or names, brands, designs, trademarks, devices, or other marks of ownership and of all certificates of publication filed or recorded with them and such certified copies shall be admissible in evidence in all prosecutions under ss. 132.04 to 132.08, and shall be prima facie evidence that this section has been complied with, and of the title of the owner named therein to the property upon which the name, brand, design, trademark, device, or other marks of ownership of the owner appear as described therein.
(3)
The department shall receive a fee of $15 and the register of deeds shall receive the fee specified in s. 59.43 (2) (ag) or (e) for each statement and certificate of publication filed or recorded and shall also receive the fee specified in s. 59.43 (2) (b) for each certified copy of such statement and certificate of publication, to be paid for by the person filing, recording or applying for the same.
(4)
(a)
The department and register of deeds shall cancel a statement or description under this section upon the request of the person named in the records of the department or register of deeds as the owner of marks of ownership described in the statement or description.
(b)
The department and register of deeds may not charge a fee for canceling a statement or description under par. (a).
History:  1989 a. 91, 123; 1993 a. 301; 1995 a. 201; 2011 a. 32.
2023 Wisconsin Statutes & Annotations › Chapter 132 - Trademarks, badges and labeled products. › 132.05 - Sale of receptacle by other than owner prohibited.

132.05
Sale of receptacle by other than owner prohibited.
It is unlawful for any person, without the written consent of the owner or the owner's agent, to keep for sale any can, tub, firkin, box, bottle, cask, barrel, keg, carton, tank, fountain, vessel or container that is marked or distinguished as described in s. 132.04, a description of which is filed, or recorded and published as provided in s. 132.04, or to use or fill any similar substance, commodity or product as originally contained for the sale of the substance, commodity or product any such can, tub, firkin, box, bottle, cask, barrel, keg, carton, tank, fountain, vessel or container or to receive, take, buy, sell, or dispose of or traffic in any such can, tub, firkin, bottle, box, cask, barrel, keg, carton, tank, fountain, vessel or container, or to deface, erase, obliterate, cover up or otherwise remove or conceal any such name, brand, design, trademark, device or other mark thereon, for the purpose of destroying or removing the evidence of the ownership of such article.
History:  1993 a. 301.
2023 Wisconsin Statutes & Annotations › Chapter 132 - Trademarks, badges and labeled products. › 132.06 - Use of receptacle by other than owner; as to junk dealers.

132.06
Use of receptacle by other than owner; as to junk dealers.
The use by any person, other than the owner or the owner's agent, of any can, tub, firkin, box, bottle, cask, barrel, keg, carton, tank, fountain, vessel or container, as described in s. 132.04, for the sale of any substance, commodity or product, other than that originally contained, or the buying, selling, or trafficking in any such can, tub, firkin, box, bottle, cask, barrel, keg, carton, tank, fountain, vessel or container, or the fact that any junk dealer in cans, tubs, firkins, boxes, bottles, casks, barrels, kegs, cartons, tanks, fountains, vessels or containers, shall have in his or her possession any can, tub, firkin, box, bottle, cask, barrel, keg, carton, tank, fountain, vessel or container that is marked or stamped as described in s. 132.04, a description of which is filed, recorded and published as provided in s. 132.04, is prima facie evidence that such using, buying, selling or trafficking in or possession of is unlawful within the meaning of ss. 132.04 to 132.08.
History:  1993 a. 301.
2023 Wisconsin Statutes & Annotations › Chapter 132 - Trademarks, badges and labeled products. › 132.07 - Penalty for unlawful use.

132.07
Penalty for unlawful use.
Any person or persons or corporation or any officer or agent of any corporation acting for or in the name of such corporation who knowingly and willfully with intent to unlawfully convert to his or her own use violates s. 132.04, 132.05, 132.06 or 132.08 shall be imprisoned for not more than 6 months or fined not more than $10,000 or both.
History:  1985 a. 181.
2023 Wisconsin Statutes & Annotations › Chapter 132 - Trademarks, badges and labeled products. › 132.08 - Rights of owner to injunction.

132.08
Rights of owner to injunction.
Every such person or corporation having complied with ss. 132.04 to 132.08, may proceed by suit to enjoin any other person or corporation from filling with any substance, commodity or product for the sale therein of such substance, commodity or product any can, tub, firkin, box, bottle, cask, barrel, keg, carton, tank, fountain, vessel or container, so marked or distinguished as aforesaid or from buying, selling, using or disposing of or trafficking in the same, or from defacing, erasing, obliterating, covering up or otherwise removing any such name, brand, design, trademark, device or other marks of ownership thereon, for the purpose of destroying or removing the evidence of the ownership of such article, and all courts having equity jurisdiction shall have power to grant injunctions according to the course and principles of courts of equity, to restrain such filling for sale or such buying, selling, giving away, using or disposing of, or trafficking in or such defacing, erasing, obliterating, covering up, or otherwise removing or the violation of any right acquired under ss. 132.04 to 132.08, and upon a decree being rendered in any such case against the defendant, the complainant shall be entitled to recover the damages the complainant may have sustained by reason of the said acts of the defendant and the court shall assess the same or cause the same to be assessed under its direction.