Terms Used In Utah Code > Title 70 > Chapter 3a > Part 4 - Violations and Remedies

• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Dilution: means the lessening of the capacity of a famous mark to identify and distinguish goods or services, regardless of the presence or absence of:
            (1)(c)(i) competition between the owner of the famous mark and another person; or
            (1)(c)(ii) the likelihood of:

                 (1)(c)(ii)(A) confusion;

                 (1)(c)(ii)(B) mistake; or

                 (1)(c)(ii)(C) deception. See Utah Code 70-3a-103
• Division: means the Division of Corporations and Commercial Code within the Department of Commerce. See Utah Code 70-3a-103
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Mark: means any trademark or service mark entitled to registration under this chapter whether or not the trademark or service mark is registered. See Utah Code 70-3a-103
• Person: means :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Registrant: means :
            (1)(f)(i) the person to whom the registration of a mark under this chapter is issued; and
            (1)(f)(ii) a legal representative, successor, or assign of a person described in Subsection (1)(f)(i). See Utah Code 70-3a-103
• State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
• Use: means the bona fide use of a mark in the ordinary course of trade, and not made merely to reserve a right in a mark. See Utah Code 70-3a-103
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5