Digital Commons Network^™

Triangulating The Likelihood Of Confusion: Linguistics And Consumer Surveys, Eric Derosia, Jesse Egbert, Thomas Lee

BYU Law Review

This Article highlights contributions that linguistic analysis can offer in the assessment of the likelihood of confusion in trademark infringement cases. Parties in such cases often engage an expert witness to conduct a survey that measures the likelihood of consumer confusion. We show how an expert linguist can provide important, nonintuitive dynamics of corroboration. We introduce “expert triangulation” as a conceptual framework to analyze whether, and to what extent, experts in linguistics and consumer surveys can corroborate one another. That is, having two different sources of empirical evidence which lead to similar conclusions should be a benefit to the courts, …

Corpus Linguistics At The U.S. Patent And Trademark Office, Tabrez Y. Ebrahim

BYU Law Review

This Article examines the intersection of corpus linguistics and patent law. It introduces the foundations of corpus linguistics and its application to the law and advances the potential for its application to patent examination at the United States Patent and Trademark Office (USPTO). Historically, the disciplines of corpus linguistics and patent law did not intersect until scholars began to consider the application of corpus linguistics to patent litigation for interpretation of terms in patent claims. Interpretation of legal language provided by corpus linguistics and applied to patent examination at the USPTO has yet to be addressed and is a novel …

Going Generic: A Linguistics Approach To Genericide In Trademark Law, James A. Heilpern, William G. Eggington, Earl Kjar Brown, Zachary D. Smith

BYU Law Review

This Article examines the phenomenon of trademark genericide—the process by which once-protected brand names like “escalator” and “trampoline” lose their legal status by becoming synonymous with entire product categories. Traditional methods used by courts to assess genericide, such as consumer surveys and dictionary definitions, are often criticized for their subjectivity and lack of scientific rigor. In response, this Article introduces corpus linguistics as a more reliable, data-driven alternative for determining whether a trademark has become generic.

By analyzing real-world language usage through large corpora, corpus linguistics can track the public’s shifting perceptions of a trademark over time. Using case studies …

Disclose By Law, Obfuscate By Strategy: A Corpus-Based Analysis Of Patent Filings, Katherine Ireland, W. Michael Schuster, Tim R. Samples

BYU Law Review

The patent system encourages dissemination of technical information by granting inventors exclusive rights to their inventions in exchange for public disclosure of their technology. The American Inventors Protection Act (AIPA), enacted in 1999, advanced this goal by increasing the scope and speed of disclosure. Previously, filings were published only if and when a patent was granted, but under the AIPA most applications are published eighteen months after filing. The sum of those changes amplified a fundamental tradeoff between protection and exposure. Although patents offer protection, competitors can exploit disclosures by integrating the innovations into their own research and development efforts. …

Corpus Linguistics And The Original Meaning Of The Sixth Amendment, Wesley White

BYU Law Review

The Sixth Amendment guarantees the right of an accused to have the assistance of counsel in a criminal prosecution. Put simply, under the U.S. Supreme Court’s current framework, an accused does not enjoy this right until the government has brought a formal charge. Thus, an accused who engages in plea bargaining before being formally charged is not guaranteed the Sixth Amendment right to counsel. Many critics of this framework focus on the purpose of the Sixth Amendment to argue that the right to counsel should be guaranteed in pre-charge plea bargaining. Others point to policy concerns.

This Note is among …

Matthew Barlow V. Raymond Hour : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Third Judicial District Court, Salt Lake County, Honorable Coral Sanchez, District Court No. 170900003

Benjamin S. Ruesch Tony G. Jones Travis Dunsmoor Jeannette Barney RUESCH & REEVE, PLLC Counsel for Appellee

Jeffrey T. Colemere (8527) COLEMERE GIBBS, PLLC Tamara J. Hauge (4334) SMART, SCHOFIELD, SHORTER PC Emily Adams (14937) THE APPELLATE GROUP Counsel for Appellant

State Of Utah V. Lowery : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a conviction for failing to respond to an officer’s signal to stop , a third degree felony , in the Third Judicial District, Salt Lake County, the Honorable William Kendall presiding

EMILY ADAMS RACHEL PHILLIPS AINSCOUGH The Appellate Group Counsel for Appellant

REBECCA BARKER (19445) Assistant Solicitor General SEAN D. REYES (7969) Utah Attorney General CURTIS TUTTLE TEGAN TROUTNER Salt Lake County District Attorney’s Office Counsel for Appellee

Stephanie Sankey Petitioner/ Appellant V. Cameron D. Sawyer, An Individual; Courteny A. Sawyer, An Individual; Picture Picture Films, Llc, A Utah Limited Liability Corporation; And Tim Timmerman, Hope Of America, Llc, A Utah Limited Liability Company, Defendants/ Appellees : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM A FINAL ORDER OF THE FOURTH JUDICIAL DISTRICT, UTAH COUNTY THE HONORABLE ROBERT A LUND

Gerald M. Salcido, Jon M. Hogelin, Attorneys for Appellees/Defendants

Stephanie E. Sankey, Appellant/Plaintiff

Trishna Paulson, Petitioner/ Appellant V. Christopher Paulson, Respondent/ Appellee : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Fourth Judicial District Court, Honorable Christine Johnson, District Court No. 184400701

Rodney Parker, Attorney for Appellant Christopher Paulson

Julie J. Nelson, Aaron Harris, Attorneys for Appellee Trishna Paulson

Clark Memorandum: Fall 2024, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• No Room for Compromise: Religious Polarization in the United States
• A Banking Lawyer’s Perspective on the Kirtland Safety Society Anti-Banking Company
• Hope in Dark Times
• Becoming a Master of Your Thoughts

James K. Moyle Petitioner/ Appellant V. Brianna Moyle Respondent/ Appellee : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from ruling of the Honorable Judge Jennifer Mabey of the Fourth Judicial District in and for Wasatch County as to a Petition for Divorce under U.C.A. § 30-3-1, et. seq

Brody N. Miles, Grant Dickinson, Attorney for James Moyle Appellant

Sarah Jenkins Dewey, Bart Johnsen, Hannah Ector, Attorneys for Brianna Moyle Appellee

James Moyle V. Brianna Moyle : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appellant’s Reply Brief and Response to Appellee’s Cross-Appeal Appeal from ruling of the Honorable Judge Jennifer Mabey of the Fourth Judicial District in and for Wasatch County as to a Petition for Divorce under U.C.A. § 30-3-1, et. seq.

Brody N. Miles Grant Dickinson Moody Brown Law Attorney for James Moyle

Sarah Jenkins Dewey Bart Johnsen Hannah Ector Parsons Behle & Latimer Attorneys for Brianna Moyle

Aslan Lomsandize V. Mekhti Musayev, Defendants/Appellants. Appellate No. 20231113 : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Honorable Failed To Disqualify

Mr. Aslan Lomsandize, Appellee

DAVID DRAKE, USB # 0911 DAVID DRAKE, P.C Attorneys for Appellant Mekhti Musayev

State Of Utah, Plaintiff And Appellee V. Jessica Buck, Defendant And Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a sentence, judgment, and commitment issued on August 28, 2023, in the Seventh Judicial District, Carbon County, the Honorable Jeremiah Humes presiding K.

K. ANDREW FITZGERALD, Counsel for Appellant

CHRISTIAN B. BRYNER, DOMINIQUE KIAHTIPES, Counsel for Appellee

Sumukh Llc And Nalin Bhatt, Appellants V. Russell A. Cline Pc, Russell Cline, Crippen & Cline, L.C, Appellees : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

appeal from the Third Judicial District Court, Salt Lake County, Honorable James D. Gardner, District Court No. 190902530 __________________ Russell A. Cline CRIPPEN and CLINE, LC

State Of Utah, Appellee V. Robert Kyle Payne, Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from post sentencing judgment and commitment entered June 10 th, 2024, in the Second Judicial District, Farmington, by the Honorable David J. Williams presiding

Colleen K. Coebergh, Counsel for Appellant

ADAM BLANCH, Troy Rawlings, Counsel for Appellee

Bonnie Peragallo V. W&T Holdings And Jason Laursen : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM THE FIRST JUDICIAL DISTRICT COURT FOR CACHE COUNTY, STATE OF UTAH HONORABLE SPENCER WALSH

ROBERT JANICKI MATTHEW JONES STRONG AND HANNI Counsel for Appellee

PETER R. MIFFLIN – 12595 ROBERT J. DEBRY & ASSOCIATES Counsel for Appellant

Capital Stack Ut Llc, Appellee V. Gowtham Reddy; Genesis Capital Investments, Llc; Jga Development, Llc; Genesis Opportunity Zone Fund; Shiva Holdings, Llc; And Project 557 First St Development, Appellants : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Third Judicial District Court, Salt Lake County Honorable Patrick Corum

Kennedy D. Nate, Austin C. Nate, Counsel for Appellants

Anna Rubin, Erik A. Christiansen, Alex N. Vandiver, Counsel for Appellee

State Of Utah, Plaintiff/ Appellee V. Justin Simnitt, Defendant/ Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

appeal from the Fifth Judicial District Court, Iron County Hon. Ann Marie McIff Allen

Shane A. Klenk, Attorney for Appellee State of Utah

Scott A. Hagen, Attorney for Appellant Justin Simnitt

State Of Utah, Plaintiff/Appellee V. Debra Kay Youren, Defendant/Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from convictions for one count of exploitation of a vulnerable adult and one count of theft, both second-degree felonies, in the Fourth Judicial District, Juab County, the Honorable Anthony L. Howell presiding

ANN M. TALIAFERRO Brown Bradshaw & Moffat Counsel for Appellant

WILLIAM M. HAINS (13724) Assistant Solicitor General SEAN D. REYES (7969) Utah Attorney General Counsel for Appellee

Clark V. Clark : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a Judgment of the Fifth Judicial District Court in and for Iron County, State of Utah, Hon. Matthew L. Bell presiding. APPELLEE’S RESPONSIVE BRIEF

Brett W. Hastings [15442] HASTINGS|SMOAK Wells Fargo Center Attorneys for Appellees

Frank D. Mylar [5116] MYLAR LAW, P.C. Attorney for Appellants

Bonnie Peragallo V. W&T Holdings And Jason Laursen : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal From the First Judicial District Court, Cache County, State of Utah The Honorable Judge Spencer Walsh

Peter R. Mifflin (#12595) ROBERT J. DEBRY & ASSOCIATES Attorney for Plaintiff/Appellant

Robert L. Janicki (#5493) Matthew A. Jones (#15792) STRONG & HANNI Attorneys for Defendant/Appellee W&T Holdings, LLC

State Of Utah Plaintiff/ Appellee V. Michael Curwick Defendant/ Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Third Judicial District Court, Summit County, Honorable Richard Mrazik, District Court No. 231500076

Sean Reyes, Counsel for Appellee

Freyja Johnson, Rachel Phillips Ainscough, Counsel for Appellant

Al-Imari V. Udot : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Attorneys for Appellants and Plaintiffs Brad H. Bearnson (#3633) Waynam M. Stodar (#16650) BEARNSON & CALDWELL, LLC

Attorneys for Appellee and Defendant UDOT Joseph E. Minnock Anna Nelson MORGAN, MINNOCK, RICE & MINER, L.C. Attorneys for Appelle and Defendant Staker George W. Burbidge II W. Kevin Tanner CHRISTENSEN & JENSEN, P.C.

State Of Utah V. Bridgewaters : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a jury trial conviction of manslaughter, a second degree felony; and tampering with a witness, a third degree felony, in the Third Judicial District, Salt Lake County, the Honorable Douglas Hogan presiding

ROBERT DENNY Salt Lake Legal Defenders Counsel for Appellant

LINDSEY WHEELER (14519) Assistant Solicitor General SEAN D. REYES (7969) Utah Attorney General BRADFORD COOLEY Salt Lake District Attorney's Office Counsel for Appellee

Rosser V. Elite Craft Homes : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On Appeal from the Second Judicial District Court, Weber County The Honorable Craig Hall District Court No. 220903070 APPELLEES’ BRIEF

Peter H. Barlow (7808) Axel Trumbo (14816) STRONG & HANNI Counsel for Appellees

James Mortensen V. Labor Commission, Quality Pool & Spa : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM THE LABOR COMMISSION OF UTAH

Jaceson Maughan/Christopher Hill Utah Labor Commissioner Labor Commission of Utah CODY G. KESLER RICHARDS BRANDT MILLER NELSON Attorneys for Appellees

Loren M. Lambert, No. 5101 Attorney for Appellant ARROW LEGAL SOLUTIONS GROUP, PC

James Cordery, And A.S., A Minor, On Behalf Of The Estate And Heirs Of Joshua Cordery, Plaintiffs-Appellants V. University Of Utah School Of Dentistry, And Intermountain Healthcare Defendants-Appellees : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM THE THIRD DISTRICT COURT,

NELSON NAEGLE PLLC Attorneys for Defendants

/Appellees Sarah Elizabeth Spencer, #11141 Jeffrey B. Teichert, #7000 S PENCERWILLSON, PLLC Attorneys for Plaintiffs

Glenn Howard Griffin, Petitioner/ Appellant V. State Of Utah, Respondent/ Appellee : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from an order granting summary judgment and denying a petition for postconviction relief, Case No. 170100200, in the First Judicial District Court, Box Elder County, the Honorable Spencer Walsh presiding.

DAVID FERGUSON, Counsel for Appellant

ERIN RILEY, SEAN D. REYES, Counsel for Appellee

Compagni V. Klemesrud : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

ON APPEAL FROM THE FOURTH JUDICIAL DISTRICT COURT THE HONORABLE JARED ELDRIGE

Kristin A. VanOrman Jessica J. Johnston Scarlet R. Smith STRONG & HANNI Attorneys for Defendants/Appellees

Jefferson W. Gross (#8339) Seamus W. Appel (#17783) GROSS & ROONEY Attorneys for Plaintiff/Appellant