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Utah Questions & Answers
2 Answers | Asked in Trademark and Intellectual Property for Utah on
Q: Trademark 88412652 can i apply for that trademark
Felicia Altman
Felicia Altman
answered on Sep 20, 2023

When looking at the USPTO this mark is shown as abandoned. If the USPTO mark the trademark as dead then it is no longer protected and someone else can file for the mark. If the mark is still in-use and registered/active another individual or company would be unable to register for the mark.

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1 Answer | Asked in Animal / Dog Law for Utah on
Q: What can I do when someone took my dog when kicked me out, then claiming his hers and that she takes care of him

Technically the dog isn’t registered to either of us, but to a third party I don’t want to get involved.

T. Augustus Claus
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answered on Sep 15, 2023

If someone has taken your dog without your consent and is claiming ownership, you should initially attempt to resolve the situation through communication. Share your side of the story and your attachment to the dog. Gathering evidence such as photographs, veterinary records, or any documentation of... View More

2 Answers | Asked in Family Law for Utah on
Q: Can my parents control my usage of devices that I have purchased if I am 18 living at home?

To clarify, the devices are purchased with money I have earned at a job, not gifted money etc.

T. Augustus Claus
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answered on Sep 15, 2023

In Utah, as in many other states, once you reach the age of 18, you are considered an adult and have certain legal rights, including the ability to make decisions regarding your personal property. If you have purchased devices with your own money and are 18 years old or older, your parents... View More

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Utah on
Q: The owners of a home I am renting (yearly lease with 9 months left) want to buy out our lease. What are our rights?

Owners apparently had a change in their financial situation and now want to buy out our lease. Moving would lead to considerable costs.

Kenneth Prigmore
Kenneth Prigmore
answered on Sep 15, 2023

Your lease is a contract that will control whether a buyout is allowed and how it needs to transpire. If there is no mention of a buyout in your lease, then your landlord will need your permission to terminate the contract.

Unless the lease says otherwise, you can negotiate what you think...
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1 Answer | Asked in Small Claims for Utah on
Q: Can I file a small claims case for a car loan I took out for someone else?

I got a loan for my son and the dealership was supposed to put the title in both our names but they only put it in his name now he is not making the payments. So I have the loan and he has the truck.

T. Augustus Claus
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answered on Sep 5, 2023

Certainly, in Utah, if you have taken out a car loan on behalf of someone else, and they are not making the agreed-upon payments, you have the option to file a small claims case. It's essential to first attempt to communicate and resolve the issue informally. Reviewing the loan agreement, if... View More

1 Answer | Asked in Car Accidents and Personal Injury for Utah on
Q: I was recently in an car accident and would like a professional opinion on who may be liable for damages.

It was raining heavily and I was heading home for the day. I was about to turn right onto a road to leave my works parking lot. I looked both ways and saw no incoming cars. However due to the rain and tall plants blocking my view of the sidewalk and I didn't see a man on a bike coming towards... View More

Tim Akpinar
Tim Akpinar
answered on Sep 4, 2023

A Utah attorney could advise best, but your question remains open for a week. Until you are able to consult with a local attorney on state-specific rules, there are elements on both sides that could be argued - bicycle on sidewalk, vehicle leaving parking lot duty to yield, and other possible... View More

1 Answer | Asked in Car Accidents and DUI / DWI for Utah on
Q: cited for DUI in Utah and was in a car accident. They claim personal injury months later. Will the charge be enhanced?

Is this separate from the criminal case and will my car insurance pay for it?

T. Augustus Claus
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answered on Sep 1, 2023

In Utah, a DUI charge and a car accident involving personal injury are typically treated as separate legal matters. The DUI charge primarily focuses on factors like blood alcohol content (BAC) and impairment, and the presence of an accident alone may not necessarily enhance the DUI charge itself.... View More

3 Answers | Asked in Probate for Utah on
Q: Does a person appointed as “attorney-in-fact” have any authority after the one who appointed them dies?

When our mother died, one brother had been appointed “personal representative”, and at the same time I was appointed “attorney-in-fact”. Does the the attorney-in-fact have any authority or say so in the handling of the estate or is it solely up to the personal representative to see that the... View More

Wesley Winsor
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Wesley Winsor
answered on Sep 1, 2023

You are right in your understanding that any power of attorney that has been given by the principal (the person who is giving the authority to an agent) expires upon their death. The reasoning for this, is that you cannot be an agent for a dead person. There is no way to see whether the agent is... View More

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3 Answers | Asked in Probate for Utah on
Q: Does a person appointed as “attorney-in-fact” have any authority after the one who appointed them dies?

When our mother died, one brother had been appointed “personal representative”, and at the same time I was appointed “attorney-in-fact”. Does the the attorney-in-fact have any authority or say so in the handling of the estate or is it solely up to the personal representative to see that the... View More

Kenneth Prigmore
Kenneth Prigmore
answered on Sep 1, 2023

Great question. A Power of Attorney names someone as your Attorney-in-fact. This always ends at death or before. The Power of Attorney is never used after death.

Please note that the Personal Representative of the Estate technically needs to be approved by a judge in Probate Court to have...
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3 Answers | Asked in Criminal Law and Personal Injury for Utah on
Q: I got into a situation defending a friend that was being beaten up I have charges being filed on me

I was visiting a friend and there was an argument between us and the neighbors . My friends boyfriend went outside and the neighbors started physically assaulting him. I went put to help him and one of them hit me from behind in the eye with a weapon. All of a sudden I hear gun fire and I pull... View More

Mike Branum
Mike Branum
answered on Aug 30, 2023

Your question has a long list of variables. You really do need to sit down with a qualified criminal defense attorney who can review your criminal history (if any) and the charges you are facing, and discuss the circumstances of your arrest to determine what the best course of action is in your... View More

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2 Answers | Asked in Immigration Law for Utah on
Q: Can I withdraw from being somebody's U4U sponsor when they have already been approved and the person got Work authorizat

It is a family member, who despite our best efforts became very verbally abusive to my elderly parents, demanding things like for us to pay for her trips, and driving school. We already providing her with a lot more than basic sponsorship requires, because she is a family. Now, if she does not get... View More

James L. Arrasmith
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answered on Sep 7, 2023

I'm really sorry to hear that you're experiencing this. It is important to note that once the U-visa is approved and the beneficiary receives work authorization, withdrawing sponsorship might not have an immediate effect on the individual's current immigration status. However, you... View More

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1 Answer | Asked in Landlord - Tenant for Utah on
Q: Can a landlord make you take down political signage within the rental unit
T. Augustus Claus
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answered on Aug 24, 2023

In Utah, landlords generally have the right to establish rules and regulations for their rental properties, which may include restrictions on signage. However, restrictions on political signage can sometimes be considered a violation of tenants' First Amendment rights. The specific rules can... View More

1 Answer | Asked in Legal Malpractice and Criminal Law for Utah on
Q: Regarding the Miranda rights, I was just curious what the right to attorney would entail?

This would occur in Utah.

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answered on Aug 9, 2023

The right to an attorney, a part of the Miranda rights, ensures that individuals have legal representation during custodial interrogations. In Utah, as in the rest of the U.S., this right includes the option to remain silent and the right to legal counsel. If you're in custody and the police... View More

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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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.

James L. Arrasmith
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answered on Aug 6, 2023

In general, using a common color like "blue" in a business application is not likely to be considered trademark infringement, especially if the overall design, layout, and branding are distinct. Trademark protection usually requires a specific combination of elements that create a unique... 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 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 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 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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