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2 Answers | Asked in Trademark and Intellectual Property for Utah on
Q: Can I use the same color in general with an app and we do similar business but different UI designs

Is it possible for me to use a color? "blue" which another business already uses, we are similar businesses but our app layout is very different.

David Aldrich
David Aldrich
answered on Aug 3, 2023

Someone can always sue; the important question is whether someone would have a reasonable case against you. Usually, color alone is not sufficient to establish an enforceable trademark right, but there are exceptions, when a color has become associated with a particular product in the minds of... View More

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1 Answer | Asked in Employment Law for Utah on
Q: Can my employee change my pay with one day notice in Utah?

They’re only changing my commission structure not hourly.

T. Augustus Claus
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answered on Jul 31, 2023

In Utah, an employer generally has the right to change an employee's pay structure, including commission rates, with proper notice. However, the specific rules regarding notice and changes to pay can vary depending on the terms of the employment contract, any applicable collective bargaining... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for Utah on
Q: Is there an attorney who can help me get my medical bills for. My doctor said he would and he's not.

I have a voice recording of the doctor that said he was going to pay for my medical bills from this point on. He did plastic surgery on me and it didn't go right and now I've submitted my bills to him and he's not paying them I need help.

Tim Akpinar
Tim Akpinar
answered on Aug 1, 2023

A Utah attorney could advise best, but your question remains open for a week. It's difficult for attorneys to reach out to you - you would need to reach to them. In addition to your own searches, there's a tab above, Find a Lawyer. State and local bar associations also have attorney... View More

1 Answer | Asked in Traffic Tickets for Utah on
Q: Utah-My son is fighting a ticket for failure to obey traffic control device, fighting it, additional charges added

My son is fighting a ticket for failure to obey traffic control device. He is fighting it and the city has now added 2 additional charges that weren’t originally cited. Why?

William Melton
William Melton
answered on Jul 13, 2023

It is a common practice for prosecutors to add charges that were given as a warning when someone fights their ticket. Sort of a way to strengthen their position. The prosecutor is ultimately the one who decides what charges are filed so they have the power to add or remove whatever charges they... View More

1 Answer | Asked in Employment Law for Utah on
Q: Am I still legally required to sign the employment handbook after I quit
T. Augustus Claus
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answered on Jul 11, 2023

Once you have quit your job, you are generally no longer under any legal obligation to sign or agree to an employment handbook or any other employment-related documents. Employment handbooks typically outline policies and guidelines for current employees, and your resignation typically ends your... View More

1 Answer | Asked in Family Law for Utah on
Q: Can a mom request a paternity test when there is already a father on the Birth certificate? Am I required to get tested?

Ex girlfriend had another guy on the side, he signed Birth certificate, now she isn’t sure and want a paternity test from me. She’s in a mother state. (Florida I believe) I received a letter from her requesting paternity test. I have doubts I’m the father. Am I required to submit to testing?

John Michael Frick
John Michael Frick
answered on Jul 10, 2023

A court can order you to submit to paternity testing but you are not legally required to comply with a letter requesting it.

1 Answer | Asked in Consumer Law, Contracts and Personal Injury for Utah on
Q: When does the 21 day clock start ticking on the deadline to respond in a federal civil suit?

If one learns one has been named a defendant in a federal civil suit prior to actually being served (say, for instance, by coming across the complaint while reading other cases), does the 21-day "clock" start counting down to respond from the moment one first becomes aware one is a... View More

Wesley Winsor
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Wesley Winsor
answered on Jul 5, 2023

The clock doesn't start until actual service is made.

1 Answer | Asked in Insurance Bad Faith for Utah on
Q: Investigator came to brothers house asking for me about insurance fraud

I'm being accused of insurance fraud in Utah with car insurance? I think it's when my window broke they denied my claim. I filed it, I was out of town, got the days and times mixed up called them back thinking i had mixed the dates and times, I had just got insurance with them. The lady... View More

Tim Akpinar
Tim Akpinar
answered on Jun 30, 2023

A Utah attorney could advise best, but your question remains open for a week. Depending on the claim examiner, it's sometimes possible to resolve with clarifying the errors on the claim. But it looks like you already tried to do that. If they do not accept your explanations, one option is to... View More

1 Answer | Asked in Real Estate Law for Utah on
Q: I am on the deed of a house in Panguitch UT with my mother. I have been paying half of the mortgage for 15 years.

She was divorced by her husband and now the judge is granting him half of the house AND a life estate. He has paid nothing for 15 years. Any recourse on my part?

Anthony M. Avery
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answered on Jun 21, 2023

Your Mother should have informed the Court of the Title. A Rule 59 Motion To Amend The Judgment might be made now if within 30 days of entry. If all else fails you may want to file suit for Partition. You must hire a UT attorney now.

1 Answer | Asked in Contracts and Family Law for Utah on
Q: if a Utah marriage certificate was signed under duress and did not have an actual 2nd witness, is it a binding contract?
Kenneth Prigmore
Kenneth Prigmore
answered on Jun 20, 2023

What is more important than the certificate is how long you have been married. Clerks make errors on certificates all the time, but that does not automatically void them. Similarly, who signs the certificate and when are not normally a problem.

Your question sounds like you may feel forced...
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1 Answer | Asked in Arbitration / Mediation Law and Civil Litigation for Utah on
Q: Can I sur a family member if I believe they owe me money?

My sister and I went on a trip to Oregon. I paid roughly 600 for the lodging and she paid about 240 for the rental vehicle. Not even 24 hours later she left me in Oregon. I was forced to pay for a rental car, stuck in lodging that was paid for 2 people, and lyft fees in order to pick up the vehicle... View More

Tim Akpinar
Tim Akpinar
answered on Jun 23, 2023

A Utah attorney could advise best, but your question remains open for a week. I hope you're able to find a friendly solution here. One option might be looking into whether this falls under your local court system's small claims part. Most small claims courts have online resources that... View More

1 Answer | Asked in Employment Law for Utah on
Q: I am a PRN receptionist who has a question

My employer refuses to give me any assignments when I can see the multiple positions online. I went on unemployment because of this and they threatened to terminate me. My unemployment just ran out. This has been going on for 6 months now. I just reached out again after seeing a few more positions... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Jun 13, 2023

Whether you can pursue a legal claim in this situation depends on two things: (1) whether there actually is work available for you; and (2) if so, why you aren't being selected to perform it. If you suspect the company is passing you over for available jobs due to a protected class... View More

1 Answer | Asked in Traffic Tickets for Utah on
Q: I was caught speeding on a public highway by an officer who was parked on private property. Is this legal in Utah?

As I said, I was on a public highway. The officer was parked on a privately owned road, monitoring traffic. I've been told this is not legal unless they have permission from the property owner. Is this true or just an urban myth?

Maurice Mandel II
Maurice Mandel II
answered on Jun 9, 2023

It is an urban myth. This case arises in the area of traffic violations/traffic ticket law. You need to discuss with an attorney in your jurisdiction that specializes in this kind of law. Thank you for using Justia, Ask a Lawyer.

1 Answer | Asked in Land Use & Zoning for Utah on
Q: there is a field can i visit it?

the two entrances are marked with "no trespassing" signs but the location is marked as a park on google maps and has signs posted marking a curfew on the park. it specifically calls it a park. It's not very well maintained but there are a fair amount of people there often.... View More

Tim Akpinar
Tim Akpinar
answered on Jun 26, 2023

I'm sorry your question remains open for four weeks. At this point, one option might be to check with local lawmakers, representatives or other officials. You could also check with state park, wildlife, or natural resources agencies if they might be able to offer guidance. Good luck

1 Answer | Asked in Business Law, Insurance Bad Faith and Landlord - Tenant for Utah on
Q: Covered business claim, landlord is forcing to evict because of utilities

I am a business owner, and my building had a covered claim under my landlords policy. A water heater broke. This happened in feb 2023. The insurance company refused my contractors, and used the ones they picked, along with the ones my landlord chose. The building is still not accessible in terms of... View More

Wesley Winsor
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Wesley Winsor
answered on May 31, 2023

The first step would be to look to the lease agreement. It should speak to what happens if there is a breach in the agreement and how to move forward from there. It may even speak to a situation where you are disallowed occupation of the property due to some repair work and what their duty is to... View More

2 Answers | Asked in Contracts and Employment Law for Utah on
Q: As an independent contractor, how do I go about after clients who don’t pay after agreeing to a contract?

I was working online remotely for a company based out of California as an independent contractor and they were due to pay the remainder of what they owed us and they never did. The total came out to over $9000 and all attempts to get them to pay have been met with dead ends.

Wesley Winsor
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Wesley Winsor
answered on May 30, 2023

You mentioned in your prompt that they agreed to a contract. I assume that means that you have a contract signed by the company regarding the terms of your services. First look to the contract and see what it says under default.

If you are just using the word "contract" as a...
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1 Answer | Asked in Traffic Tickets for Utah on
Q: I got a speeding ticket on the interstate but they didn't make me sign it is it still valid?

I was never prompted to sign the ticket in the first place. I should have specified.

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

My research showed me that in Utah, when a driver declines to sign the ticket the officer has options, one of which is to simply leave the ticket in the car with the driver. There was a highly publicized case in 2007 about a Taser incident with a driver who refused to sign. The officer also has... View More

1 Answer | Asked in Consumer Law and Collections for Utah on
Q: Knight Adjustment garnished my wages. never served papers. The name is not mine. SS# is. No original debt info offered

Old RC Willey account. $2000 original. Now $21000 They wont return inquiries for help or info.

Joel Gary Selik
Joel Gary Selik
answered on May 23, 2023

Look into filing a motion to set aside the judgment for failure to serve. Review the court file to see how they claim served.

1 Answer | Asked in Collections for Utah on
Q: What irrefutable information must a collection agency have to garnish someone's wages?

My work place has been served garnishment of wages papers. I have been unable to get any original information about the debt from the collection agency. It was not my name on the court paperwork but it was my social security number.

Joel Gary Selik
Joel Gary Selik
answered on May 23, 2023

In order to garnish wages, there must be a valid judgment. Research the court files, mini available online, for cases against you. If you were not served properly with a lawsuit, you might win a motion to set aside judgment.

1 Answer | Asked in Copyright and Intellectual Property for Utah on
Q: Am I able to use motivational/inspirational quotes and make a profit?

Think famous quotes from Oprah or Steve Jobs or Dale Carnegie. Say I'm compiling a book of quotes to sell, or even emailing them out each day for a fee or something like that. Can I use other people's motivational/inspirational quotes (with or without attributing it to them) legally?... View More

James L. Arrasmith
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answered on May 24, 2023

Using motivational/inspirational quotes from famous individuals in a book or for profit can potentially raise copyright concerns. While short phrases or expressions may not be protected by copyright, using substantial portions of copyrighted works or attributing quotes without permission can... View More

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