Salt Lake City, Utah criminal defense lawyers represented the Plaintiff seeking the vacation of a sentenced pursuant to 28 U.S.C. 2255, which provides:

(a) A prisoner in custody under sentence of a court established by Act of Congress claiming the right to be released upon the ground that the sentence was imposed in violation of the Constitution or laws of the United States, or that the c... More...    $0 (07-10-2025 - UT)

Salt Lake City, Utah intellectual property lawyers represented Plaintiff who sued Defendant on a copyright infringement theory.

DP Creations is a retain apparel and fashion company located in Bountiful, Utah.

Denise Pratt sculpted life-like newborn dolls as a hobby. Eventually her creations became so popular that Ms. Pratt and her husband, Nevin, organized DP Creations LLC (DPC)... More...    $0 (08-18-2023 - UT)

Salt Lake City, Utah intellectual property law lawyers represented Plaintiff and Defendant in patent infringement throries.


In this patent infringement case, Plaintiffs Eagle View Technologies, Inc. and Pictometry International Corp. (collectively, “EagleViewâ€�) filed a motion to compel Defendant Nearmap US, Inc.[1] to supplement its discovery responses in two areas.[2] First, Eag... More...    $0 (05-18-2023 - UT)

Xlear, Inc. and Focus Nutrition, LLC are both in the business of selling
sweeteners that use the sugar alcohol xylitol. Xlear filed a complaint raising a trade
2
dress infringement claim under the Lanham Act, a claim under the Utah Truth in
Advertising Act (UTIAA), and a claim under the common law for unfair competition.
The claims all alleged that Focus Nutrition copied the pa... More...    $0 (06-30-2018 - UT)

¶1 This case comes to us on certification from the United States District Court for the District of Utah. UTAH R. APP. P. 41. The certified questions are as follows:
1. Is the Free Speech Clause of the Utah Constitution self-executing? 2. If question 1 is answered in the affirmative, what are the elements of a claim brought under the clause? 3. Does an employee who receives notice that his or ... More...    $0 (02-05-2018 - UT)

In November 2009, Benjamin Rettig and Martin Bond traveled from Vernal, Utah, to the home of Kay Mortensen in Spanish Fork, Utah.1 Mortensen owned a large supply of firearms that were located in a “bunker” behind his home. Bond and Rettig traveled to his home with the intent to steal some of his firearms. The two entered Mortensen’s home with a handgun while wearing ski masks and latex gloves. The... More...    $0 (11-26-2017 - UT)

This matter is before the court on a petition for extraordinary relief filed by Stephanie Gricius, Kamme Edsberg, Melissa Bradley, and Colby Curtis. Previously, a similar petition was filed by Fred C. Cox,1 but we determined he lacked standing because he had not identified himself as one of the prospective sponsors of the proposed referendum petition described by his petition. ¶2 This petition ha... More...    $0 (09-26-2015 - UT)

This case arises out of two separate incidents involving WalMart employees and shoplifters.2 Each of the Employees was tasked with, among other things, investigating, documenting, and preventing the theft of merchandise by customers and employees from Wal-Mart stores. The Employees were fired for violating WalMart‘s Policy AP-09, which provides, If the Suspect is believed to possess a weapon, the... More...    $0 (09-18-2015 - UT)

In our layered system of trial and appellate courts everyone’s assured at
least two chances to air a grievance. Add to this the possibility that a lawsuit
might bounce back to the trial court on remand or even rebound its way to appeal
yet again — or the possibility that an issue might win interlocutory review — and
the opportunities to press a complaint grow abundantly. No d... More...    $0 (06-16-2015 - UT)

¶1 This case presents two related issues: (1) must the prosecution provide proof of a conviction to establish that a defendant failed to comply with a plea in abeyance condition
LAYTON CITY v. STEVENSON
Opinion of the Court
2
prohibiting any further violations of law;1 and (2) what standard of proof must the prosecution meet in order to establish that a defendant failed to comply ... More...    $0 (09-05-2014 - UT)

¶1 William Bolden is the putative father of a child (J.S.) born in 2011. The case before us on appeal is an adoption proceeding involving John and Jane Doe, the would-be adoptive parents of J.S. Bolden tried to intervene in and object to the Does‘ adoption of J.S. He was barred from doing so because he failed to preserve his legal rights as a father by filing a paternity affidavit within the ti... More...    $0 (11-04-2014 - UT)

Two companies, Derma Pen, LLC and 4EverYoung, entered a sales
distribution agreement. Under the agreement, Derma Pen, LLC obtained
the exclusive right to use the DermaPen trademark in the United States.
4EverYoung had a contractual right of first refusal, allowing purchase of
Derma Pen, LLC’s U.S. trademark rights upon termination of the
distribution agreement. Derma Pen, LLC... More...    $0 (12-09-2014 - UT)

¶1 This case arises from a fight at the Utah State Prison.
Uncontroverted evidence at trial established that Defendant
Nathan Redcap, an inmate, stabbed an inmate named Wilson.
Redcap had surreptitiously remained out of his cell after he should
have returned to it. He shielded his torso with body armor
improvised from magazines and attached a shank to each hand.1
Redcap wa... More...    $0 (01-16-2014 - UT)

Plaintiff–Appellant Hornady Manufacturing Company, Inc., appeals from a district court order granting summary judgment to Defendant–Appellee DoubleTap, Inc., on Hornady’s trademark infringement claims. Our jurisdiction arises under 28 U.S.C. § 1291, and we affirm.

Background

Hornady was founded in 1949 by Joyce Hornady. Aplt. App. 1047. Since that time, Hornady has manufacture... More...    $0 (03-19-2014 - UT)

This interesting case calls upon us to decide whether, incident to an arrest for aggravated assault, police may seize a shotgun from a home when the weapon was not

- 2 -

involved in any apparent criminal offense, the crime scene had been secured, and there was no immediate danger to any individual. Our answer to that question−NO−begs another. Does a de minimis violation of a defe... More...    $0 (01-27-2014 - UT)

Kody Brown, Christine Brown, Janelle Brown, Meri Browan and Robyn Sullivan sued Gary Hebert, Jeffrey R. Buhman and Mark Shurtleff on civil rights violation theories under 42 U.S.C. 1983 seeking to prevent them from enforcing Utah's prohibition against co-habitation. The Browns are a polgyamous family that were the subject of TLC's reality series "Sister Wives". They claimed that the phrase "or coh... More...    $0 (12-15-2013 - UT)

Klein-Becker USA and Klein-Becker IP Holdings (collectively “Klein-Becker�)
sued Patrick Englert and Mr. Finest, Inc., for trademark infringement, copyright
infringement, false advertising, and unfair competition under the Lanham Act; false
advertising under the Utah Truth in Advertising Act; unfair competition under the Utah
Unfair Practices Act; fraud; civil conspiracy; and i... More...    $0 (03-27-2013 - UT)

judgment to defendants on Mr. Newton’s due process claim regarding the suspension of his employment. Newton v. Utah Nat’l Guard, 688 F. Supp. 2d 1290, 1308-09 (D. Utah 2010). It denied summary judgment on Mr. Newton’s due process claim regarding the withdrawal of his ATCS certificate, holding this claim is not barred by qualified immunity, id. at 1305-07, or by intramilitary immunity under t... More...    $0 (04-24-2012 - UT)

Phillip M. Adams & Associates, L.L.C. sued Lenovo International and others on a patent infringement theory.... More...    $0 (02-10-2012 - UT)

The jury found Ensil International Corporation (Ensil) (1) breached a contract with BC Technical, Inc. (BC) by failing to repair damaged circuit boards and (2) converted BC’s property by unreasonably refusing to return the circuit boards BC had sent for repair. Before the jury retired for deliberations, Ensil moved for judgment as a matter of law. Following the trial, Ensil again moved for judgm... More...    $0 (02-07-2012 - UT)

This contract interpretation case is the second appeal arising out of a dispute between SCO Group, Inc. and Novell, Inc. over copyright ownership of early versions of the UNIX operating system and the scope of Novell’s rights in licenses issued to its former customers prior to its partial sale of UNIX to SCO. In the first appeal, we reversed a summary judgment in favor of Novell because question... More...    $0 (08-30-2011 - UT)

This matter is before the court on Defendants’ Motion to Quash Subpoenas, Issue Protective Order, and Dismiss Complaint. The court held a hearing on the motions on April 28, 2011. At the hearing, Plaintiff was represented by Juliette P. White and Judith Powell, and Defendants were represented by Deepak Gupta and Lester A. Perry. The court took the motion under advisement. The court has carefully... More...    $0 (05-11-2011 - UT)

Plaintiff-Appellant Novell, Inc. (“Novell�) appeals from the district court’s grant of summary judgment in favor of Defendant-Appellee Vigilant Insurance Company (“Vigilant�). Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.

Background

On January 20, 2004, SCO Group (“SCOâ€�) sued Novell in state court in Utah, alleging a single cause of action—slander of tit... More...    $0 (04-29-2011 - UT)

Defendants-appellants Advantage Software, Inc. (“ASI�), Greg Seely, and Portia Seely (collectively “appellants�) appeal from the district court’s order, which effectively denies them any recovery from the receivership estate of Merrill Scott & Associates, Ltd. (“Merrill Scott�). We have jurisdiction under 28 U.S.C. § 1291 and AFFIRM.

I. BACKGROUND

Mr. and Mrs. Seely ar... More...    $0 (03-04-2011 - UT)

This case primarily involves a dispute between SCO and Novell regarding the scope of intellectual property in certain UNIX and UnixWare technology and other rights retained by Novell following the sale of part of its UNIX business to Santa Cruz, a predecessor corporate entity to SCO, in the mid-1990s. Following competing motions for summary judgment, the district court issued a detailed opinion gr... More...    $0 (08-24-2009 - UT)

¶1 This case asks us to decide whether Utah’s long-arm statute extends to defendants who allegedly engaged in a conspiracy to tortiously interfere with the plaintiff’s contract and economic opportunities. We address whether Utah’s long-arm statute provides for jurisdiction over individuals who never physically entered Utah but who conspired to cause tortious injury in Utah, and directed the... More...    $0 (12-23-2008 - UT)

¶1 This case comes before us on appeal from the Third District Court. Plaintiff Overstock.com, Inc., (Overstock) appeals (1) the district court’s grant of summary judgment to defendant SmartBargains, Inc. (SmartBargains) holding that SmartBargains’ use of Internet pop-up advertisements (pop-ups)1 is not unfair competition and is not tortious interference with Overstock’s prospective busines... More...    $0 (08-19-2008 - UT)

In this case, two companies with similar names find themselves in the midst of a trademark dispute. Over the course of several years, Sure Foot Corp. has repeatedly accused Surefoot LC, of infringing on its trademark, occasionally threatened litigation if Surefoot LC failed to change its name, and filed five administrative petitions opposing Surefoot LC’s attempts to obtain trademark registratio... More...    $0 (07-14-2008 - UT)

Sharon Johnson was an officer with the LaVerkin City, Utah, police department. During an out-of-... More...    $0 (06-11-2008 - UT)

General Motors Corporation ("GM") appeals from the district court's denial of a motion for preliminary injunction against Urban Gorilla, LLC ("Urban Gorilla"). GM alleges that Urban Gorilla's "body kits" infringe upon and dilute GM's trade dress rights in its Hummer line of vehicles. Because the district court did not abuse its discretion in finding that GM failed to make a strong showing o... More...    $0 (09-20-2007 - UT)

In this appeal, we consider the scope of the "unclean hands" defense to an action for trademark infringement.(1) Appellants Gary Worthington and Colleen Worthington appeal from the district court's order dismissing, after a bench trial, their action against the defendants for federal and common law trademark infringement, deceptive trade practices, misrepresentation and false designation of o... More...    $0 (10-14-2004 - UT)

In 1998, Plaintiff Christina Axson-Flynn entered the University of Utah's Actor Training Program (ATP). Axson-Flynn, who is Mormon, refused to say the word "fuck" or take God's name in vain during classroom acting exercises. During Axson-Flynn's first semester in the program, Defendants--all ATP faculty members--told Axson-Flynn to "get over" her refusal to use those words, saying that not usin... More...    $0 (02-04-2004 - UT)

South Salt Lake City is a municipality of some 9,800 people, located immediately south of Utah's capital. The City's main artery, State Street or U.S. Highway 89, was the primary north-south highway in the area prior to construction of Interstate-15. State Street is the locus of a virtually uninterrupted string of gas stations, retail outlets, fast food restaurants, pawn shops, used car dealers... More...    $0 (11-05-2003 - UT)

In this 42 U.S.C. § 1983 action, Summum, a church, alleges that the City of Ogden (sometimes, "the City"), and various officials of the City, violated the church's First Amendment rights. Both parties moved for summary judgment; the district court granted summary judgment in favor of the City of Ogden. Exercising jurisdiction pursuant to 28 U.S.C. § 1291, we affirm in part, reverse in part, and re... More...    $0 (07-25-2002 - UT)

In 1997, Deseret Book Compa... More...    $0 (04-22-2002 - UT)

In this trademark infringement case arising under the Lanham Trademark Act of 1946 ("Lanham Act"), specifically 15 U.S.C. §§ 1114(1) and 1125(a), plaintiffs-appellants Delta Western Group, LLC, Daniel B. McCauley, and Donald E. Little (collectively "DWG") appeal an order from the United States District Court for the District of Utah granting a preliminary injunction in favor of defendants-appellee... More...    $0 (12-19-2001 - UT)

Plaintiffs brought this 42 U.S.C. § 1983 action against the defendant state officials, seeking declaratory and injunctive relief for alleged violations of the First Amendment. The district court denied the plaintiffs' request for a preliminary injunction, as well as their motion for summary judgment. Plaintiffs now appeal the denial of the preliminary injunction; we have jurisdiction pursuant to 2... More...    $0 (07-24-2001 - UT)

Robert Alan Jones and Bad Ass Coffee Limited Partnership entered into numerous agreements with Appellee Bad Ass Coffee Company of Hawaii, Inc. These agreements governed, inter alia, BACLP's use of the Bad Ass Coffee Company trademark in the states of Hawaii and Nevada. BACH unilaterally terminated several of the agreements thereby affecting BACLP's continued right to use the Trademark. After the ... More...    $0 (10-31-2001 - UT)