Wisconsin Intellectual Property Infringement Demand Letter Template

Under Wisconsin's Uniform Trade Secrets Act (Wis. Stat. § 134.90), you can demand immediate cessation and compensation before the 3-year deadline runs. Build your demand letter in minutes.

Demand Letter Structure

1. Sender Information
[Your full name or company name]
[Mailing address]
[Email address]
[Phone number]
2. Date
[Date the letter is sent]
3. Recipient Information
[Recipient name or company name]
[Recipient mailing address]
4. Subject Line / Re:
[Re: Intellectual Property Infringement — Demand for Resolution]
5. Statement of Claim
[Brief statement identifying the intellectual property infringement dispute and the parties' relationship]
6. Date(s) of Incident
[Specific date, date range, or description of when the events occurred]
7. Description of Events
[Chronological, factual account of what happened, what was agreed, and how the recipient failed to perform]
8. Contract or Legal Reference
[Citation to the contract, agreement, invoice number, or statute that supports the claim — optional but strengthens the letter]
9. Demand for Relief
[Specific demand — typically cessation of the infringing use and compensation for damages, itemized where possible]
10. Response Deadline
[Number of days the recipient has to respond — typically 7, 15, or 30 days from the date of the letter]
11. Consequences of Non-Response
[Statement that, if the demand is not met by the deadline, the sender will pursue arbitration, mediation, or litigation]
12. Governing State
This dispute is governed by the laws of Wisconsin.
13. Closing & Signature
[Sincerely / Respectfully,]
[Signature]
[Printed name and title]
14. Enclosures
[Supporting documents — for a intellectual property infringement claim, typically registration certificates, prior use evidence, infringing materials, proof of damages]
Generate a Demand Letter
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Template Details

Claim Category
Intellectual Property Infringement
Governing State
Wisconsin
Typical Use
Pre-litigation notice and settlement demand
Common Evidence
Registration certificates, prior use evidence, infringing materials, proof of damages

This template is provided for informational purposes only and does not constitute legal advice.

About Intellectual Property Infringement Demand Letters

A demand letter for intellectual property infringement in Wisconsin is a formal notice sent to an individual or business that is using your protected IP without authorization. It outlines the infringing activity, the legal basis for your claim—often under the federal Lanham Act for trademarks, the Copyright Act, or Wisconsin’s Uniform Trade Secrets Act (Wis. Stat. § 134.90) for misappropriation of trade secrets—and demands specific remedies. In Wisconsin, sending a demand letter is a critical first step before initiating litigation. It can prompt a swift resolution without the need to file a lawsuit in Wisconsin circuit court. Under Wis. Stat. § 134.90(4), a trade secret owner may sue for misappropriation, but a well-drafted letter can often lead to voluntary compliance and avoid the 3-year statute of limitations clock from running out. Whether your IP is a trademark, copyright, or trade secret, the demand letter serves as a formal record of your diligence and can strengthen your position if court action becomes necessary.

An effective Wisconsin IP infringement demand letter should include a clear description of the intellectual property—such as a copyright registration certificate number or trademark registration details—along with evidence of your prior use. Attach copies of registration certificates, dated screenshots, or witness statements that establish your ownership. For trade secret claims under Wis. Stat. § 134.90, you’ll need to show that the information derives independent economic value from not being generally known and that you took reasonable measures to keep it secret. The letter must identify the infringing materials precisely, whether they are counterfeit products, copied website content, or misappropriated source code, and state the harm you’ve suffered, such as lost sales or reputational damage. Clearly demand cessation of the infringing use, compensation for actual damages (or statutory damages where available), and a written assurance of compliance by a specific deadline. In Wisconsin, if the amount in controversy is $10,000 or less, you might later pursue the claim in small claims court, so your letter can mention that possibility to underscore your seriousness. Finally, retain all correspondence, as it may be used as evidence in a Wisconsin circuit court proceeding.

Frequently Asked Questions

For trade secret misappropriation under Wisconsin’s Uniform Trade Secrets Act (Wis. Stat. § 134.90(6)), the statute of limitations is 3 years from the date the misappropriation was discovered or should have been discovered through reasonable diligence. For federal copyright claims, the limitation is also 3 years from the date of infringement. Trademark and patent claims are governed by federal law, but Wisconsin courts often look to the most analogous state limitation period, which may also be 3 or 6 years. Because deadlines can vary, you should consult the specific statute for your type of IP and act promptly to preserve your rights.

There is no Wisconsin statute that sets a mandatory response time for an IP demand letter, but a period of 10 to 14 days is common and considered reasonable. Giving a short but realistic deadline shows you are serious while allowing the recipient time to investigate and possibly consult an attorney. If you set a very short deadline and then file suit immediately after, a Wisconsin circuit court may view your actions as unreasonable. Including a firm response date also helps create a clear record of your good-faith effort to resolve the matter without litigation, which can be important later.

Wisconsin small claims court, a division of circuit court, handles cases where the amount claimed is $10,000 or less. For intellectual property disputes, small claims is generally only available for state law claims, such as trade secret misappropriation under Wis. Stat. § 134.90, not for federal copyright, patent, or trademark infringement. Federal IP claims typically must be brought in federal district court. If your trade secret claim involves damages of $10,000 or under, you can file in small claims. Your demand letter can mention this threshold to signal that you are prepared to pursue the matter in court if necessary.

To make a credible demand under Wisconsin law, you need to assemble solid evidence of your ownership and the infringement. This includes registration certificates from the U.S. Copyright Office or U.S. Patent and Trademark Office, screenshots showing prior use, dated publication records, and witness statements. For trade secret claims under Wis. Stat. § 134.90, you should document the measures you took to maintain secrecy, such as confidentiality agreements and access restrictions. Also gather copies of the infringing materials—websites, products, or code—and any proof of damages, like lost profits or sales figures. Such evidence demonstrates that you have a viable claim and encourages a settlement.

A demand letter must identify the intellectual property at issue and describe the infringing acts with enough detail that the recipient understands what is being claimed. Under Wisconsin’s trade secrets statute, Wis. Stat. § 134.90(2), misappropriation must be clearly defined, so your letter should specify which confidential information was used or disclosed without consent. Provide the registration numbers, dates of creation, and the exact ways the recipient is violating your rights. Vague allegations will not be taken seriously and may undermine your credibility if the matter proceeds to Wisconsin circuit court. A precise demand sets clear expectations and legal boundaries.

If the infringer is a business entity, such as an LLC or corporation, you should send the letter to its registered agent in Wisconsin, which you can find through the Wisconsin Department of Financial Institutions. Sending to the registered agent ensures proper notice under state law. For a sole proprietorship or an individual, address the letter directly to the person. Always send the letter via certified mail with return receipt requested so you have proof of delivery. This step is crucial if you later need to demonstrate to a Wisconsin circuit court that the recipient was given an opportunity to resolve the dispute.

If the recipient ignores your demand, you may escalate the matter by filing a lawsuit. For trade secret claims under Wis. Stat. § 134.90, you can initiate an action in Wisconsin circuit court, or in small claims if damages are $10,000 or less. For federal IP claims, you would file in federal district court. Ignoring the letter can be used against the recipient; a court may view their inaction as evidence of willfulness, potentially leading to enhanced damages or attorney’s fees under § 134.90(4)(c). Thus, a detailed demand letter not only sets the stage for litigation but also strengthens your position if you must sue.

Yes, Wisconsin has adopted the Uniform Trade Secrets Act in Wis. Stat. § 134.90. This statute defines what qualifies as a trade secret, what constitutes misappropriation, and the remedies available. Under § 134.90(1)(c), a trade secret must be information that derives independent economic value from not being generally known and is subject to reasonable efforts to maintain its secrecy. Your demand letter should reference this definition and explain how your information meets it. The law also allows for injunctive relief, actual damages, and in cases of willful misappropriation, exemplary damages and attorney’s fees. Citing § 134.90 adds legal weight to your letter.

In trade secret misappropriation cases under Wis. Stat. § 134.90(4)(c), you may recover attorney’s fees if the misappropriation was willful and malicious. However, fees are not automatic; you must prove the bad-faith nature of the infringement. For federal copyright and trademark claims, attorney’s fees are also available for prevailing parties under certain circumstances. Including a request for attorney’s fees in your demand letter can signal that you are prepared to litigate aggressively, but you should only assert such a demand if you have a strong case and evidence of willfulness to avoid ethical concerns.

To make your demand letter credible in Wisconsin, include a detailed description of your intellectual property, proof of ownership such as registration certificates, and specific examples of the infringement. Reference the applicable law—whether federal IP statutes or Wis. Stat. § 134.90 for trade secrets. State the relief you are demanding, such as immediate cessation of the infringing activity, payment of damages for actual losses, and a written commitment to future compliance. Attach copies of key evidence, set a response deadline, and send the letter via certified mail. A letter that demonstrates knowledge of Wisconsin legal standards and court procedures shows that you are serious and willing to pursue formal legal action.
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