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1 Answer | Asked in Trademark for Utah on
Q: Is 'where SPF is your BFF' violating a trademark?

I'm going to esthetician school and want to use the tagline 'where SPF is your BFF' for my social media, printed materials, and future branding. How can I ensure it doesn't violate any existing trademarks in the skincare or cosmetics industry?

James L. Arrasmith
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answered on Apr 13, 2025

To ensure your tagline "where SPF is your BFF" doesn't violate any trademarks, you first want to check if that phrase or something very similar is already registered by another business. You can search the U.S. Patent and Trademark Office (USPTO) database online to see if the tagline... View More

1 Answer | Asked in Business Law, Tax Law and Consumer Law for Utah on
Q: Is it legal to add an automatic gratuity to open tabs at a bar in Utah and use signage for customer notification?

I'm a bar owner in Park City and we're handling a large number of open tabs each weekend due to pre-authorizing credit cards and returning them to customers. Many don't close their tabs. We've considered adding an automatic gratuity if the tab isn't closed by the end of the... View More

James L. Arrasmith
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answered on Apr 12, 2025

Yes, in Utah, you can legally add an automatic gratuity to open tabs at your bar, provided you follow specific guidelines. According to Utah Admin. Code R865-19S-94, if a gratuity is mandatory and included on a patron's bill, it is considered a service charge and is subject to sales tax.... View More

1 Answer | Asked in Divorce, Domestic Violence and Civil Rights for Utah on
Q: Am I required to disclose my address in a divorce if my spouse has stalked me?

I have received a petition for divorce and I am concerned about Civil Rule 109, which requires me to disclose my address. I'm hesitant because my spouse has previously stolen from me and stalked me. I haven't taken any legal actions yet regarding these incidents, and I am planning to... View More

James L. Arrasmith
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answered on Mar 24, 2025

You have valid concerns about disclosing your address given your safety situation. Many states and jurisdictions have protective measures for individuals in your circumstances, often allowing you to use an alternative address or file confidentially when there's documented harassment or... View More

2 Answers | Asked in Criminal Law and DUI / DWI for Utah on
Q: Can DUI charges be made in Utah based on footage and eyewitnesses, without tests?

In a hypothetical situation in Utah, if someone is involved in a hit and run accident shortly after leaving a bar, can they be charged with a DUI based on camera footage and eyewitness accounts, even without numerical tests like a breathalyzer or blood test? No additional evidence such as bar... View More

William Melton
William Melton
answered on Mar 19, 2025

Yes, they can be charged. However, it would definitely be a difficult case for the prosecutor to prove. Just because someone is charged with a crime, it doesn't mean the prosecutor can prove it. You should consult with an attorney about the specifics of the case to see what your best options are.

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1 Answer | Asked in Banking and Identity Theft for Utah on
Q: Is it legal for a bank to use my mother's maiden name for security without prior info?

I have been a customer of a major online credit card company that also offers online banking services for several years. Since February, I started facing issues where my password was incorrectly recognized by the app, prompting me to reset it using their website. Previously, resetting a password... View More

James L. Arrasmith
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answered on Mar 24, 2025

Banks are legally required to implement security measures to protect customer information, but there's a significant gray area regarding how they obtain and use security verification data like your mother's maiden name under laws such as the Gramm-Leach-Bliley Act, which requires... View More

1 Answer | Asked in Employment Law for Utah on
Q: Can employer refuse to schedule me without reason?

I have been working part-time for my employer for 6 months, but recently my employer has been refusing to schedule me without providing a reason. I have not received any feedback or warnings related to my performance. Is my employer within the boundaries of the law to do this?

James L. Arrasmith
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answered on Apr 13, 2025

In most cases, your employer can choose not to schedule you for work, especially if you are a part-time employee and there is no contract or union agreement in place requiring a certain number of hours. As long as you're an at-will employee, your employer generally has the right to decide your... View More

1 Answer | Asked in Business Law and Consumer Law for Utah on
Q: Is adding a 20% gratuity to open bar tabs legal in Utah?

In Utah, is it legal to add a 20% automatic gratuity to bar tabs left open at the end of the night when there is conspicuous signage at every register? We aim to ensure our service staff, who earn $2.13/hour, are compensated. We pre-authorize cards and allow adjustments to the gratuity the next... View More

James L. Arrasmith
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answered on Apr 12, 2025

In Utah, adding a 20% automatic gratuity to open bar tabs is generally permissible if patrons are clearly informed about this policy beforehand. This practice is often employed to ensure fair compensation for service staff, especially when tabs remain open at the end of the night. To implement this... View More

1 Answer | Asked in Internet Law for Utah on
Q: How can I remove personal content from public view online?

I am seeking help to remove personal content that has been made public online, which puts my family and me at risk. I have previously attempted to request removal but have been unsuccessful. I cannot afford a lawyer. What are the steps I can take to have this content removed from public view?

James L. Arrasmith
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answered on Apr 8, 2025

I'm really sorry you're going through this. When your safety and privacy are at risk, the first step is to document everything—screenshots, URLs, dates, and any communication you've had trying to get the content removed. This will help you stay organized and make a stronger case... View More

1 Answer | Asked in Civil Litigation and Contracts for Utah on
Q: Do I have to return an engagement ring if we broke up and never married?

I received an engagement ring from my partner six months ago as a promise to be married. We recently broke up and never got legally married or had a wedding. When we ended the relationship, he did not ask about the engagement ring, only about his personal belongings. Although the police reached out... View More

James L. Arrasmith
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answered on Apr 12, 2025

In Utah, the law regarding engagement rings is a bit tricky. Generally, engagement rings are considered a "gift in contemplation of marriage," which means that if the marriage doesn't happen, the giver may have the right to ask for it back. Even though you never got married, it’s... View More

2 Answers | Asked in Business Law, Contracts and Family Law for Utah on
Q: Do I have to give back my engagement ring after breakup if we never married?

I received an engagement ring as a promise to marry my ex-fiancé, but we broke up after six months without getting legally married or having a wedding. He hasn't asked about the ring but requested other belongings back. I live in Utah, and he lives in California. Do I have to give the... View More

Wesley Winsor
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Wesley Winsor
answered on Mar 14, 2025

Given the ring’s status as a symbol of a promise that didn’t pan out, and since he hasn’t brought it up, you’re not obligated to proactively return it. But if he requests it, the default legal stance in both states leans toward giving it back unless you have a solid reason tied to his fault... View More

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1 Answer | Asked in Criminal Law and Employment Law for Utah on
Q: Will paying a shoplifting citation close the case or start legal process in Utah?

I was caught shoplifting at my local grocery store, and the police issued me a citation, which states that I must either pay or schedule an arraignment within 14 days. This is my first time facing any charge, and I'm worried about how this might affect my criminal record and employment. If I... View More

James L. Arrasmith
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answered on Apr 13, 2025

Paying the citation for shoplifting in Utah may not fully close the case. While paying the fine might seem like an easy solution, it could be viewed as a guilty plea, which might result in a criminal conviction. This could be recorded on your criminal record, potentially affecting future job... View More

2 Answers | Asked in Criminal Law, Insurance Bad Faith and Traffic Tickets for Utah on
Q: Is it legal to be pulled over in Utah due to incorrect insurance database info?

In Utah, is it legal for someone to be pulled over solely because the database erroneously showed they didn't have insurance, even though their insurance was valid? I was stopped with no other reason, received a warning about the insurance, and was issued two tickets for a suspended license... View More

William Melton
William Melton
answered on Mar 12, 2025

Unfortunately, yes. This is an issue that we see frequently. The cop made a stop in good faith that he believed you were operating the vehicle without insurance. Those databases are wrong all the time, but the Utah Supreme Court has ruled cops may make mistakes and the stop is valid as long as they... View More

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1 Answer | Asked in DUI / DWI, Traffic Tickets and Consumer Law for Utah on
Q: Can I fight tickets for suspended license and no breathalyzer if insurance was valid in Utah?

I was pulled over because an officer ran my plates and it indicated I didn't have insurance; however, my insurance was valid, and I have proof from my agent. During the stop, the officer informed me that my license was suspended and that I was required to have a breathalyzer in the vehicle,... View More

James L. Arrasmith
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answered on Apr 11, 2025

I’m really sorry you’re facing this—it’s stressful trying to make sense of everything when it feels like the system is stacked against you. The fact that your insurance was valid is a strong point in your favor. If the stop was based on a database error, you can present written proof from... View More

1 Answer | Asked in Business Law, Intellectual Property and Contracts for Utah on
Q: Who owns rights to scans of cosplayers and use in games?

I started a business doing 3D scans at comic conventions where I scan people dressed as copyrighted characters, such as Deadpool. I give the scan to the customer after payment and haven't obtained any permissions or agreements regarding the copyrighted characters. I'm trying to determine... View More

James L. Arrasmith
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answered on Mar 12, 2025

When you create a 3D scan of someone dressed as a copyrighted character, the rights to the scan become complicated. Generally, the copyright owner of the original character, such as Marvel for Deadpool, retains exclusive rights to reproduce or profit from their intellectual property. Simply... View More

1 Answer | Asked in Landlord - Tenant and Civil Rights for Utah on
Q: Excessive noise from new tenants upstairs, management refused lease renewal, accused wife of racism.

I have been living peacefully in my apartment for 15 years. Recently, new tenants moved in upstairs, and their excessive noise has become unbearable, requiring constant adjustments in our home. Although we contacted management last week about this issue, it has worsened, and they have now stated... View More

James L. Arrasmith
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answered on Mar 24, 2025

Your situation is deeply troubling, especially after being a model tenant for 15 years. The sudden refusal to renew your lease following legitimate noise complaints could potentially be retaliatory action, which is prohibited in many jurisdictions. The racism accusation adds another troubling... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Utah on
Q: Is search without consent or warrant legal based on suspicious behavior during traffic stop?

During a traffic stop in which I was a passenger, the vehicle was stopped for a suspended license. The officer instructed us to get out of the car and conducted a search without asking for consent or providing a warrant. The officer mentioned the search was due to me scratching myself, which he... View More

James L. Arrasmith
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answered on Mar 23, 2025

The legality of this search hinges on whether the officer had "probable cause" - a legal standard requiring more than mere suspicion. Courts have repeatedly ruled that nervousness or physical behaviors like scratching typically don't constitute probable cause by themselves. For a... View More

2 Answers | Asked in Collections, Consumer Law, Bankruptcy and Lemon Law for Utah on
Q: Seeking legal help for wrongful wage garnishment in Utah over a time-barred debt related to a lemon vehicle purchase.

I am seeking legal assistance regarding a wrongful wage garnishment related to an old debt associated with a vehicle purchase. The vehicle, a lemon, became inoperable the year I purchased it, and I have not possessed it for well over the statute of limitations period in Utah. Despite this, a debt... View More

Timothy Denison
Timothy Denison
answered on Mar 7, 2025

You should hire a lawyer to sue the debt collector as you have some pretty substantial damages. Looks like a pretty easy case to prove on your part.

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1 Answer | Asked in Consumer Law and Civil Rights for Utah on
Q: Can my parents legally control my phone usage and lock it?

I am 21 years old and live with my parents, who pay for my phone. They use the app Quistodio to monitor my phone usage and can lock my phone completely or restrict it to select apps. I believe I am listed as a user on their phone plan. I have offered to contribute financially, but my mother... View More

James L. Arrasmith
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answered on Mar 27, 2025

From a legal perspective, your situation involves property rights since your parents own and pay for the phone service. When someone owns a device and pays for the service, they typically have the legal right to control how that property is used, even if the user is an adult. This applies to the... View More

1 Answer | Asked in Family Law, Landlord - Tenant, Civil Rights and Real Estate Law for Utah on
Q: Living in condo without formal HOA rules; charged for unknown violations

I have lived in a family-owned condo in Utah for about 7 years, initially placed here by my brother, who covered my living and medical expenses. After his passing, his daughter, who now handles my expenses, told me a few months back that I need to take over the overdue power and gas bills.... View More

James L. Arrasmith
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answered on Mar 27, 2025

You're facing a challenging situation that touches on several legal areas including property law, contract law, and possibly elder law.

Based on what you've shared, you likely aren't personally responsible for HOA fines since you aren't the property owner - these...
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1 Answer | Asked in Patents (Intellectual Property) and Civil Litigation for Utah on
Q: How to handle potential patent infringement for sun visor extender?

I have a utility patent (approved in June 2021, applied in August 2019) for a sun visor extender. I've noticed someone else is selling a similar product, and I'm concerned it may infringe on my patent. How can I search for their patent status, and what steps should I take to address this... View More

Babak Akhlaghi
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answered on Mar 10, 2025

This is a good question. The key issue is not whether the other party has a patent, but whether their product infringes on the claims of your patent. To determine this, you need to carefully compare their product to the specific claims outlined in your patent. If their product matches any of your... View More

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