Legal Opinion
Utah Republican Party v. Herbert
District Court, D. Utah
Decided October 22, 2015No. Case No. 2:14-cv-00876-DN-DBPPublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM DECISION AND ORDER GRANTING STATE DEFENDANTS’ MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS ON TRADEMARK ISSUES
DAVID NUFFER, District Judge.
BACKGROUND
Plaintiff ‘ Utah Republican Party (“URP”) brought suit against Governor Herbert and Lieutenant Governor Cox (the “State Defendants”) over Senate Bill 54 (“SB54”) which was passed during the 2014 Utah legislative session. URP argues that SB54 is unconstitutional and violates URP’s trademark rights. A ruling on preliminary, injunction was issued previously which addressed the constitutionality questions.1 The =instant memorandum decision…
2Cases cited18 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Ex Parte YoungSupreme Court of the United States · 1908
- Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
- Edelman v. JordanSupreme Court of the United States · 1974
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3Cited by3 opinions
- Axcess Global Sciences, LLC v. Xemenry; Xemenry Shop; Xemenry Store; and Xemenry SupplementsDistrict Court, D. Utah · 2026
- Clemente Properties, Inc. v. PierluisiDistrict Court, D. Puerto Rico · 2023
- Clemente Properties, Inc. v. Pierluisi-UrrutiaCourt of Appeals for the First Circuit · 2026