Wisconsin Statutes

Wis. Stat. § 402.312 (2026)

Warranty of title and against infringements; buyer’s obligation against infringement

✓ current as of July 2026

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402.312402.312 Warranty of title and against infringements; buyer’s obligation against infringement.

402.312(1)(1) Subject to sub. (2) there is in a contract for sale a warranty by the seller that:

402.312(1)(a)(a) The title conveyed shall be good, and its transfer rightful; and

402.312(1)(b)(b) The goods shall be delivered free from any security interest or other lien or encumbrance of which the buyer at the time of contracting has no knowledge.

402.312(2)(2) A warranty under sub. (1) will be excluded or modified only by specific language or by circumstances which give the buyer reason to know that the person selling does not claim title in himself or herself or that the person selling is purporting to sell only such right or title as the person selling or a 3rd person may have.

402.312(3)(3) Unless otherwise agreed a seller who is a merchant regularly dealing in goods of the kind warrants that the goods shall be delivered free of the rightful claim of any 3rd person by way of infringement or the like but a buyer who furnishes specifications to the seller must hold the seller harmless against any such claim which arises out of compliance with the specifications.

402.312 HistoryHistory: 1971 c. 40; 1991 a. 316; 2005 a. 253.

Notes of Decisions

Cited in 6 cases, 1975–2011 · leading case: Arris Grp., Inc. v. British Telecomm. PLC, 639 F.3d 1368 (Fed. Cir. 2011).

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Arris Grp., Inc. v. British Telecomm. PLC, 639 F.3d 1368 (Fed. Cir. 2011). “2007) (holding that, under Wisconsin’s UCC, Wis. Stat. § 402.312 (3), a customer without an indemnity contract may nonetheless seek indemnification from a seller if sued for infringement based on its use of the seller’s product).”

Envirex, Inc. v. K.H. Schussler Fur Umwelttechnik GMBH, 832 F. Supp. 1293 (E.D. Wis. 1993). · cites it 2× “Envirex alleges that defendants breached their warranty of title and against infringements in violation of Wis.Stat. § 402.312(3). Instead of answering these amended complaints, the defendants have, for the first time, moved to stay the proceedings in favor of arbitration in…”

WS Packaging Grp., Inc. v. Global Com. Grp., LLC, 505 F. Supp. 2d 561 (E.D. Wis. 2007). · cites it 2× “See Wis. Stat. § 402.312 (3) (“Unless otherwise agreed a seller who is a merchant regularly dealing in goods of the kind warrants that the goods shall be delivered free of the rightful claim of any 3rd person by way of infringement or the like.”

Lader's Tiffany Feed & Supply Co. v. Kohl (In Re Kohl), 11 B.R. 470 (Bankr. W.D. Wis. 1981). · cites it 5× “§ 402.312 states in pertinent part: 402.312 Warranty of title and against infringements; buyer's obligation against infringement.”

Mulvaney v. Tri State Truck & Auto Body, Inc., 235 N.W.2d 460 (Wis. 1975). “There is thus no need to vacate that judgment and return the action for determination of the result under sec. 402.312, Stats., where the parties controvert the factual existence of a disclaimer of the code warranty.”

Arris Grp., Inc. v. British Telecomm. Plc (Fed. Cir. 2011). “2007) (holding that, under Wisconsin’s UCC, Wis. Stat. § 402.312 (3), a customer without an indemnity contract may nonetheless seek indemnification from a seller if sued for infringement 5 See, e.”

— Wis. Stat. § 402.312(1)(b) — 1 case

Lader's Tiffany Feed & Supply Co. v. Kohl (In Re Kohl), 11 B.R. 470 (Bankr. W.D. Wis. 1981). “§ 402.312 states in pertinent part: 402.312 Warranty of title and against infringements; buyer's obligation against infringement.”

— Wis. Stat. § 402.312(3) — 1 case

Envirex, Inc. v. K.H. Schussler Fur Umwelttechnik GMBH, 832 F. Supp. 1293 (E.D. Wis. 1993). “Envirex alleges that defendants breached their warranty of title and against infringements in violation of Wis.Stat. § 402.312(3). Instead of answering these amended complaints, the defendants have, for the first time, moved to stay the proceedings in favor of arbitration in…”

— Wis. Stat. § 402.312(l)(b) — 1 case

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