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Utah Questions & Answers
1 Answer | Asked in Business Formation and Business Law for Utah on
Q: I’d like to know if a company can go after you for essentially doing the same thing that they do?

For example, could Airbnb sue me if I created my own property rental app?

Kenneth Prigmore
Kenneth Prigmore
answered on Jan 30, 2023

The answer depends on a few things. First, if you copy a product, you can sometimes get sued for breach of Patent or Copyright. There are several companies offering similar services, so it is unlikely they could sue you for offering the same or similar services. But if you reverse engineer their... Read more »

1 Answer | Asked in Child Support, Divorce and Family Law for Utah on
Q: Ex filed for reduced child support. He was making 88k a year, was fired twice, now makes 44k. Is his potential 88k/yr?

My ex husband just filed for a modification to his child support payment. He will pay nothing after this modification. He has been fired from multiple jobs in the last year. He originally made 88k when we divorced. Can I argue that his potential income is 88k, but that he is trying to earn less to... Read more »

Mike Branum
Mike Branum
answered on Jan 26, 2023

You can and you should argue that he is "willfully underemployed." He will need to explain the reasons for being separated from those jobs. If the Court determines he has the capacity to earn the 88k, they should leave the child support intact.

If you have not retained competent...
Read more »

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Utah on
Q: Is there a patent for a Helmet in a baseball cap?
Stephen E. Zweig
Stephen E. Zweig
answered on Jan 24, 2023

One good way to research this is to use patents.google.com, type in various relevant keywords, and see what you find. For example, try: https://patents.google.com/?q=helmet+baseball+cap&oq=helmet+in+baseball+cap and various other variations.

1 Answer | Asked in Intellectual Property and Trademark for Utah on
Q: Can I use the tagline "The Whoniverse, the Multiverse, to infinity and beyond..." in a logo for a travel agency

I am designing a logo for a travel agent that will be used at comic conventions and similar fan experiences to advertise a service that arranges travel to such conventions.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Jan 22, 2023

Although there are trademark registrations for marks including the words WHONIVERSE and MULTIVERSE, use of these words in a slogan should be considered fair use and not infringing as they are generic terms.

1 Answer | Asked in Workers' Compensation for Utah on
Q: I got injured at work work back in June 2020. I received a letter recently for a termination on my case.

Workers comp sent me to a doctor of their choose to get a independent medical evaluation. The doctors opinion was that my injuries are not work related, now workers comp sent me papers saying that my case was denied and terminated because of the doctors opinion.

Tim Rose
PREMIUM
Tim Rose PRO label
answered on Jan 22, 2023

I'm sorry you are having trouble with your claim. This is a very common way for the workers compensation insurance company to stop paying for your injury. You should consult with an attorney to see if you can dispute the denial of your claim. You may need to have your treating doctor write an... Read more »

1 Answer | Asked in Personal Injury and Education Law for Utah on
Q: Can you sue a school for not taking action after three separate assaults occur - including injuries/concussion
Tim Akpinar
Tim Akpinar
answered on Jan 15, 2023

A Utah attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal with the assaults. It's possible you could - but more information is needed in terms of location and other details. You could reach out to local attorneys to try to arrange a free... Read more »

1 Answer | Asked in Legal Malpractice and Criminal Law for Utah on
Q: My son almost got hit by a bus yesterday. The bus has not been following safety rules for awhile. What can I do legally?

For months the bus driver has been allowing the kids to cross right in front of the bus. Yesterday the bus driver drove off right as my son was starting to cross and other kids were still in the street. My son is young and is now scared of crossing the street.

Aric M. Cramer
PREMIUM
Aric M. Cramer
answered on Jan 10, 2023

This is not a criminal law question. If you think the driver is committing crimes, you need to contact the police.

1 Answer | Asked in Criminal Law and Juvenile Law for Utah on
Q: I pressed charges for finding marijuana in my son's(15) but now 2 days later I am dying with regret. Can I drop those?
William Melton
William Melton
answered on Jan 8, 2023

No, you can't. It is a common misconception that the person who reports something to the police is "pressing charges." That is now how it works. You may report the case, but one you do it is out of your hands. The government (the prosecutor) is always the one who brings the charges.... Read more »

1 Answer | Asked in Traffic Tickets for Utah on
Q: I was issued a speeding ticket on I 15 , the police officer was in an unmarked car .

He didn't have radar, he said he paced me . Gave me a ticket for 25 over. Is it possible to have prosecutor lower the speed?

William Melton
William Melton
answered on Dec 22, 2022

Yes, but it depends on the prosecutor/jurisdiction where you got the ticket. Also, just so you know pacing is a pretty common way for an officer to get your speed.

1 Answer | Asked in Criminal Law for Utah on
Q: If I live in a household with a felon and I have guns in a safe only I have access to is it okay for them to live there?
Aric M. Cramer
PREMIUM
Aric M. Cramer
answered on Dec 19, 2022

It's ok for you. Not for them. They could be charged for felon in possession by the feds. Get rid of the guns and ammo or the roommate.

1 Answer | Asked in Landlord - Tenant for Utah on
Q: Our apartment forgot to charge us for the garage in the lease but still gave us access. Can they ask for money later?

Our apartment gave us access to our garage, but we noticed this month that they aren't charging us for it. I looked through our lease and they never added on the additional fee for renting a garage. We aren't planning to mention it to them since this isn't the first time they have... Read more »

Kenneth Prigmore
Kenneth Prigmore
answered on Dec 7, 2022

Your relationship with your landlord is partially controlled by state law, but the relationship is mostly controlled by the agreement you signed with them. Usually agreements are prepared in haste and are often missing things that leave issues that are important to you in limbo.

In this...
Read more »

1 Answer | Asked in Traffic Tickets for Utah on
Q: If I’m driving in city A with no headlights can city B pull me over and have the case held In city B court.

Didn’t/wasn’t driving in city B when the offense happened

William Melton
William Melton
answered on Dec 6, 2022

Police officers can pull you over in any city. They are not restricted to "their" city for jurisdiction. However, if they pull you over in another city, the case would be in that other city. This is a slightly more complicated answer, because there may be times when that can happen. It... Read more »

1 Answer | Asked in Contracts, Business Law and Lemon Law for Utah on
Q: Is it legal to deny a person a foreign vehicle when applying for an auto loan?

I bought a vehicle from a dealership 6 months ago I just found out a week and a half ago that the vehicle they sold me was stolen they told me to bring back the vehicle and they would get me a new vehicle and now when I put my application in I was told that I don't qualify for European... Read more »

Kenneth Prigmore
Kenneth Prigmore
answered on Dec 6, 2022

I am not aware of a law preventing a specific individual from owning a foreign car. Some foreign cars will have difficulty being imported to the US without a lot of paperwork, but I can't imagine how a particular individual would be prevented from making a purchase.

Also, it is...
Read more »

2 Answers | Asked in Criminal Law for Utah on
Q: Im wondering what an affirmative defense means in utah pertaining to an overdose and who can claim it and how

Im wondering if the person who overdosed can claim affirmative defense and how it works. Its 58-37-8(16) of the utah crimial code im wondering about. About a month ago i overdosed and i was arrested. Now im facing possesion charges. I dont have a lawyer so i have been trying to research as much as... Read more »

Mike Branum
Mike Branum
answered on Dec 1, 2022

As Mr. Cramer has stated, you really need an attorney whether you qualify to have one appointed or whether you are able to retain private counsel. You can argue an affirmative defense, but that defense would be argued at trial and over 90% of criminal cases resolve before trial. Counsel will be... Read more »

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1 Answer | Asked in Immigration Law and Civil Rights for Utah on
Q: If a citizen married an immigrant does that immigrant become a citizen

My friend is having trouble getting medicine for epilepsy because they say he's not a citizen but he's married and has filed w-2s before

Monica E Rottermann
Monica E Rottermann
answered on Nov 29, 2022

No, marriage to a U.S. citizen does not confer citizenship on the spouse. Your friend’s wife would have to immigrate him for him to obtain lawful permanent residency in the United States. Your friend should consult with an immigration attorney to find out if he is eligible to immigrate through... Read more »

2 Answers | Asked in Criminal Law for Utah on
Q: My husband hit my ex’s car window, now he’s being charged with disorderly conduct. Is getting an attorney worthwhile?

I was trying to speak to my ex husband about our children, and he disrespectfully rolled up his window while repeating, “I don’t care.” My husband approached the vehicle. He slapped the car window (open palm) to get my ex’s attention and asked him to listen to me. My ex then rolled the... Read more »

William Melton
William Melton
answered on Nov 25, 2022

It is always a good idea to consult with an attorney. Disorderly conduct can be charged as an infraction or as a misdemeanor. You should definitely at least speak to an attorney so they can advise your husband on the potential penalties of the charge. Having the disorderly conduct could come back... Read more »

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1 Answer | Asked in Arbitration / Mediation Law, Business Formation and Contracts for Utah on
Q: I live in Utah and signed a contract with an LLC located in Nevada. Where do I file for arbitration?

They have not fulfilled their end of the contract and now owe me $12,000. They are no longer answering my messages and I would like to get this money back as soon as possible.

Wesley Winsor
PREMIUM
Wesley Winsor
answered on Nov 21, 2022

You will first need to look to the contract provisions to see what they say about arbitration. If the other party is nonresponsive, then you could likely set up the arbitrator, give them notice of the time and place of arbitration and if they don't show up then the arbitrator can give you a... Read more »

1 Answer | Asked in Traffic Tickets for Utah on
Q: I receive a speeding ticket in UT for driving 92 in a 70 mph zone. I live in CA. Can I contest without court appearance?

I would like to dispute the ticket as I don’t believe I was driving that fast and was going with the flow of traffic. Is there a way to dispute or dismiss a ticket without appearing at court?

William Melton
William Melton
answered on Nov 20, 2022

Many courts are still allowing people to appear by video when they live out of state. You can either contact the court and see if they'll allow you to appear by video. Or, you can contact an attorney in Utah who handles traffic tickets to assist you.

2 Answers | Asked in DUI / DWI for Utah on
Q: I have a appointment with the DMV for my licence because of a driving with metabo in my system. What am i supposed ……

What am i supposed to say? What do i want to avoid saying? I wasnt high driving there was just drugs in my blood i was on lunch from work….

Aric M. Cramer
PREMIUM
Aric M. Cramer
answered on Nov 19, 2022

Your attorney will ask all the pertinent questions. You should not try this on your own any more than you should remove your own appendix.

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1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Utah on
Q: I was stereo typed, passing this cop, he flipped around as i pulled into my trailer park which is posted no trespassing

Our lots are owned by the people not rented. He sped up im already around the corner and pulled up to my house. Flips his lights. He asks for my info and pulled me out of my truck. Doesnt say or ask anything takes his dog and goes right in my truck. Can he do that? Im asking him hey where is your... Read more »

William Melton
William Melton
answered on Nov 18, 2022

You need to contact an attorney to review and assist you in your case. You need an attorney. Do not speak to anyone about the case and consult with an attorney. Based of what you're saying there are likely many issues with the officers conduct, but until an attorney looks at all the police... Read more »

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