Posts Categorized: Business & Commercial Litigation

The Doctrine of Election of Remedies in Utah

July 2019 One procedural issue parties occasionally face in civil litigation is the requirement to make an election of remedies. In its most basic terms, the election of remedies doctrine prevents double redress for a single wrong and avoids legally or factually inconsistent recoveries for the same wrong. There may be a claim alleged in… Read more »

Steven H. Bergman April 2019 Based on information contained in the Department of Commerce’s most recent annual report, there are currently more than 300,000 businesses operating in Utah, with approximately 60,000 new business filings each year. For the past decade, the most common form of new entity in Utah has been the limited liability company…. Read more »

An Epic Battle of Blockbuster Proportions: Part II What is Genericide in Trademark Law and How Do I Avoid It?

Barry Scholl February 2018 In our last action-packed blog posting, we discussed the trademark battle between San Diego’s Comic-Con and Salt Lake City’s Comic Con. The two parties had traded (symbolic) powerhouse blows in a California federal court over whether Salt Lake City’s use of the term “Comic Con” (without a hyphen) infringed on San… Read more »

Tread Carefully – An Ethics Reminder

Zack (Zachary) Peterson January 2018 In State v. Ellis, 2018 UT 02, Justice Himonas wrote a separate, concurring opinion that provides a reminder of an attorney’s ethical obligations as an officer of the Court and of candor to the tribunal.  Before the district court, the prosecutor requested to use a preliminary hearing transcript at trial… Read more »

An Epic Battle of Blockbuster Proportions Underscores the Importance of Protecting your Trademarks from Genericide, Part I

January 2018 In December 2017, the epic trademark infringement battle pitting San Diego’s long-running “Comic-Con” versus Salt Lake City’s upstart “Comic Con,” reached what appeared to have been at least a temporary lull when a federal jury in California found that contrary to Salt Lake Comic Con’s claims, the San Diego group’s trademark is valid…. Read more »

Tips for Effectively Using Your Business Lawyer

March 2017 Savvy business people understand that lawyers play an indispensable role in the successful execution of a business plan. Here are seven keys to get the most from lawyers for your business. 1. Call sooner rather than later. Problems are more expensive to solve than avoid. Call your lawyers before you get served with… Read more »