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Supreme Court Holds “Generic.com” Marks May be Greater Than the Sum of Their Generic Parts and Sufficiently Distinctive to Qualify for Trademark Protection

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All trademarks are not created equal.  The value of a mark and its eligibility for registration with the United States Patent and Trademark Office (“USPTO”) depends on the mark’s distinctiveness,…

Court of Appeals Calls Out Milwaukee County Pension Board for Inventing Eligibility Criteria to Deny Retirement Benefits

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In 1965, the state legislature gave Milwaukee County home rule authority to amend the 1937 Retirement Act (i.e., state legislation in Laws of 1937, chapter 201 governing pension benefits to…

COVID-19 AND THE WISCONSIN COURTS

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COVID-19 has impacted nearly every facet of society, and courts are no different.  In Wisconsin, Circuit Courts, the Court of Appeals, and the Supreme Court have largely continued operations, albeit…

Trespasser Immunity

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In 2011, Wisconsin enacted Wis. Stat. § 895.529 “Civil liability limitation; duty of care owed to trespassers.”  The statute provides generally that “a possessor of real property owes no duty…

An anomaly in Wisconsin law: Wisconsin law does not directly address service of a summons and complaint on individuals living abroad

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How is an individual who is living abroad, but is sued in a Wisconsin state court, served pursuant to Wisconsin law? There is no direct answer, as Wisconsin does not…

The Wisconsin Supreme Court holds the defense is permitted to present the alternative methods paragraph of the medical malpractice jury instruction in light of competing expert opinions in a complex medical malpractice case.

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In a case in which firm attorneys James Gutglass and Jason Prekop defended a defendant obstetrician and hospital in the trial court and Mr. Gutglass successfully argued the case before…