134.90 AnnotationThis section does not require absolute secrecy, but one who claims a trade secret must exercise eternal vigilance in protecting its confidentiality. In determining whether companies have fulfilled this requirement, Wisconsin courts consider whether the company negotiated confidentiality agreements, kept documents locked up, limited access to information, restricted building access, denoted documents as confidential, informed individuals that information was confidential, and allowed individuals to keep information after the business relationship had ended. Starsurgical Inc. v. Aperta, LLC, 40 F. Supp. 3d 1069 (2014). 134.90 AnnotationIt is perfectly lawful to “steal” a firm’s trade secret by reverse engineering. In this case, the plaintiff failed to rebut the defendants’ contention that the plaintiff’s designs may be reverse engineered, so the plaintiff did not meet its burden of showing its product designs were trade secrets. Kuryakyn Holdings, LLC v. Ciro, LLC, 242 F. Supp. 3d 789 (2017). 134.90 AnnotationBare bones listings of customer information, such as names, addresses, phone numbers, and contact persons, have been routinely rejected by the Wisconsin courts as constituting a trade secret. Indeed, when the names, addresses, and contact persons of a company’s customers are readily ascertainable by proper means, a customer list is not a trade secret. Additionally, an agent is permitted to use general information concerning the names of customers retained in the agent’s memory, if not acquired in violation of his duty as an agent. Charles Schwab & Co. v. Lagrant, 483 F. Supp. 3d 625 (2020). 134.90 AnnotationRevisions to the law of trade secrets. Whitesel & Sklansky. WBB Aug. 1986.
134.91134.91 Sale of dextromethorphan to a minor without prescription prohibited. 134.91(2)(a)(a) No person may sell at retail a drug containing dextromethorphan to a person who is under 18 years of age, unless the sale is pursuant to a prescription order. 134.91(2)(b)(b) No person may sell at retail a drug containing dextromethorphan unless the person making the sale receives from the purchaser, at the time of purchase, a form of identification from which the age of the purchaser can be determined, or unless based upon the outward appearance of the purchaser the person making the sale reasonably presumes that the purchaser is 25 years of age or older. 134.91(2)(c)(c) A person who is under 18 years of age may not purchase a drug containing dextromethorphan unless pursuant to a prescription order. 134.91(3)(a)(a) A person who violates sub. (2) (a) or (b) is subject to a civil forfeiture of not more than $250 for each violation. 134.91(3)(b)(b) A person who violates sub. (2) (c) is subject to a civil forfeiture of $50 for each violation. 134.91 HistoryHistory: 2017 a. 160; 2021 a. 238 s. 45. 134.93134.93 Payment of commissions to independent sales representatives. 134.93(1)(a)(a) “Commission” means compensation accruing to an independent sales representative for payment by a principal, the rate of which is expressed as a percentage of the dollar amount of orders or sales made by the independent sales representative or as a percentage of the dollar amount of profits generated by the independent sales representative. 134.93(1)(b)(b) “Independent sales representative” means a person, other than an insurance agent or broker, who contracts with a principal to solicit wholesale orders and who is compensated, in whole or in part, by commission. “Independent sales representative” does not include any of the following: 134.93(1)(b)1.1. A person who places orders or purchases products for the person’s own account for resale. 134.93(1)(b)2.2. A person who is an employee of the principal and whose wages must be paid as required under s. 109.03. 134.93(1)(c)(c) “Principal” means a sole proprietorship, partnership, joint venture, corporation or other business entity, whether or not having a permanent or fixed place of business in this state, that does all of the following: 134.93(1)(c)1.1. Manufactures, produces, imports or distributes a product for wholesale. 134.93(1)(c)2.2. Contracts with an independent sales representative to solicit orders for the product. 134.93(1)(c)3.3. Compensates the independent sales representative, in whole or in part, by commission. 134.93(2)(a)(a) Subject to pars. (b) and (c), a commission becomes due as provided in the contract between the principal and the independent sales representative. 134.93(2)(b)(b) If there is no written contract between the principal and the independent sales representative, or if the written contract does not provide for when a commission becomes due, or if the written contract is ambiguous or unclear as to when a commission becomes due, a commission becomes due according to the past practice used by the principal and the independent sales representative.