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Utah Intellectual Property Questions & Answers
Q: How can I find patents filed on my truck?

I have good reason to believe my truck was modified for patents

Omar Darwich
Omar Darwich answered on Jul 7, 2021

You could consult with an attorney.

To be clear you believe your truck had aftermarket parts installed in order to somehow get a patent on the truck?

4 Answers | Asked in Intellectual Property and Trademark for Utah on
Q: Is the name of my podcast infringing a trademark, and should I change it?

I have a podcast, and we are just coming up on 10 episodes this weekend. After a google search, and I don't know why I didn't think to do this before, we realized that there is another podcast by the same exact name as ours! In fact, there are two or three. I'm worried we could get... Read more »

Omar Darwich
Omar Darwich answered on Jun 29, 2021

So I don't want to sound like Im beating a dead horse, but you should consult with an attorney.

That might not be enough to pass the likelihood of confusion test or perhaps there might not be a need to add that subtitle.

consult with an attorney! we dont bite

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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Utah on
Q: If I were to market/sell a caffeine free energy substitute using a pouch delivery system would that be against patent?

I understand there are many products that use saliva based delivery (pouch) methods. Are all of these required to gain permission or establish patents to market and sell these types of products?

Thank you

Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 2, 2021


consult with an attorney

you would need to look and see if there are any patents associated with that in the jurisdiction where you plan to make, sell or import

1 Answer | Asked in Intellectual Property and Personal Injury for Utah on
Q: Left personal property behind in nevada hotel room. Staff say nothing has been found since april 2018

Contacted them by email and by phone many times. I am certain staff did not turned it in.

Wesley Winsor
Wesley Winsor answered on Dec 12, 2018

I am not sure that you posited a question. I will try to answer what you might be asking and that is whether a hotel is liable to disclose or facilitate the return of property left at their hotel by tenants if the tenant reports that it was left there.

The hotel's position is that...
Read more »

1 Answer | Asked in Intellectual Property and Trademark for Utah on
Q: If I am using the name DadPoolTV for streaming online and creating content, am I violating any tradmarks for DeadPool?

I am using the username DadPoolTV for creating videos and streaming content online through Twitch.TV and and YouTube.

Am I at risk of violating DeadPools copyright on the name?

Griffin Klema
Griffin Klema answered on Nov 14, 2018

The answer to your question should be obtained in a confidential setting with a lawyer, not here on a public forum. You wouldn't want a "bad" answer to be public information and then used against you later. The short answer is maybe, and I recommend you consult an attorney if you are... Read more »

1 Answer | Asked in Intellectual Property and Trademark for Utah on
Q: If a company has their logo elements trademarked and another company wants to sell products in the same category with

an almost identical brand logo with the same meaning, is there a way to co-exist? Can the 2nd company offer to pay an up front and/or annual trademark usage fee to the first company in order to selling similarly-branded products in the same category? If so, what is a customary fee to secure the... Read more »

Griffin Klema
Griffin Klema answered on Nov 14, 2018

Short answer: Maybe.

Long answer: It depends on the willingness of the first company (who has the trademark registration) to either license its trademark rights, or otherwise work out a deal with the second company to allow a potentially confusingly similar mark to exist in the same market....
Read more »

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Utah on
Q: My dad invented insta fire and on most of the the patent abstracts his name is changed not only the he named him produc

Pantent #6093224 inventer Gary T Jones

Griffin Klema
Griffin Klema answered on Nov 14, 2018

It is not clear what your question is (maybe you submitted the form before typing the full question?). The USPTO shows "Gary T. Jones" as the first named inventor on U.S. patent no. 6,093,224. The abstract for that patent does not include any names.

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Utah on
Q: Would I be able to sell rainbird an idea/ improvement to their original impact pop up sprinkler?
Kevin E. Flynn
Kevin E. Flynn answered on Jul 2, 2018

It is possible to sell an idea without a patent or at least a pending application but it is very difficult. Without patent protection, other people will be able to make the same product without paying you so the company that pays you is at a disadvantage unless there was some big advantage to... Read more »

1 Answer | Asked in Internet Law, Copyright and Intellectual Property for Utah on
Q: I have designed a logo for an LLC, but when it was time to pay my agreed-upon fees, they ceased communication.

Our communication, agreement, and design-files, were all exchanged via e-mail. Also I have included "Copyright 2018 name" in my initial file-proposals. Lastly, I am not located in the U.S.

What can I do to claim my fees?

Benton R Patterson III
Benton R Patterson III answered on Apr 23, 2018

If you have not been paid for your work under a valid contract, you should contact an attorney in the US about collecting what is owed to you.

1 Answer | Asked in Gaming, Intellectual Property and Trademark for Utah on
Q: If trademark is registered as board game (Goods and Services is: Board games) would it be enforceable under video games?
Andrew Zulieve Esq
Andrew Zulieve Esq answered on Jan 31, 2018

Possibly. The respective goods or services need not be identical to one another, only sufficiently related such that consumers would be expected to encounter the respective goods or services under similar buying conditions.

1 Answer | Asked in Copyright and Intellectual Property for Utah on
Q: How can i protect writers on a public app from having their work stolen or Infringed upon?

I want to make an app where authors and writers can show their work and sell it to others. How can i do something like this and still protect them from having their work stolen?

Brian K Jackson
Brian K Jackson answered on Oct 28, 2016

There are lots of ways to go about it. Some people use watermarks, you can also write a disclosure of copyright infringement. The most important thing to do is to ensure that all the documents are dated to prove when they were created. Registering them would most likely be too expensive of an... Read more »

1 Answer | Asked in Intellectual Property for Utah on
Q: Is it legal to create an alphabet board book featuring recognizable characters (from movies/TV) for each letter?

In order for the character or creature to be immediately recognizable I wouldn't want to stray too far from the original (probably trademarked) designs, but the art might be considered fan art, which I understand is in fuzzy copyright territory. Derivative works and fan art is regularly sold... Read more »

Jefferson S Cannon
Jefferson S Cannon answered on Sep 9, 2015

If you are using this for personal use then you are just fine; however, if you intend to mass produce and re-sell then could and probably would be infringing on other companies rights.

1 Answer | Asked in Intellectual Property for Utah on
Q: A company approached us about intellectual property because they have patents and trademarks but our timeline supports u

do I need a lawyer or am I out of luck

Adam Studnicki
Adam Studnicki answered on Jul 14, 2015

Not enough information to answer. Talk to a Utah intellectual property lawyer.

1 Answer | Asked in Intellectual Property for Utah on
Q: I have registered a trademark and it remained commercially unused for more than 3 years. Can this trademark be revoked?
Zaven Andranik Sargsian
Zaven Andranik Sargsian answered on Dec 9, 2013

Not using a trademark "in commerce" can create significant issues if the trademark holder later attempts to enforce his/her trademark against an alleged infringer. Registration of a trademark is, as the law states it, prima facie evidence of validity (in other words, the law presumes the... Read more »

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