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James T. Burton

Shareholder
Key Bank Tower
36 S. State Street
Suite 1900
Salt Lake City, UT 84111

Related Info

Mr. Burton is Chair of the firm’s Intellectual Property section. His practice focuses primarily on litigation of intellectual property matters, including patents, trademarks, copyrights, false advertising and trade secrets.

Mr. Burton has handled cases in courts throughout the United States. He has worked on cases representing a broad spectrum of technologies, including pharmaceutical, material sciences, software, exercise equipment, fiber optic communications, mechanical devices and, apparel products, among others.

Mr. Burton also has experience in appellate matters, having obtained successful results for clients in federal and state court appeals.

Mr. Burton regularly handles Internet domain name disputes using the Uniform Domain-Name Dispute Resolution Policy (UDRP) and other policies available through ICANN.

In 2014, Mr. Burton was appointed by Joachim Gauck, President of the Federal Republic of Germany, and approved by the United States Department of State to serve as the German Honorary Consul to Utah. He also currently serves as the Secretary to the Utah Consular Corps.

Mr. Burton is recognized by his peers as a Legal Elite for intellectual property litigation.  Mr. Burton was also recognized in 2017 by Utah Business magazine as one of Utah’s Forty under 40.

Experience

  • Intellectual Property Litigation: Enforcement of patents, trademarks, copyrights, trade dress and trade secrets
  • Appellate: Successfully represented clients in appeals in federal and state courts

Representative Matters

  • USANA Health Sciences, Inc. v. SmartShake US, Inc. et al., (District of Utah 2017). Lead counsel in trademark declaratory judgment claim.
  • U.S. Polymers, Inc. v. Innovative Coatings, Inc., (Central District of California 2016). Lead defense counsel in patent declaratory judgment claims brought related to extrusion of substrate materials used to manufacture wood shutters. Obtained favorable settlement for client.
  • Garth O. Green Enterprises, Inc. et al. v. Standard Plumbing Supply Company, Inc., et al., 2016 WL 7441636 (District of Utah 2015). Lead defense counsel for claims brought against plumbing supply company for unfair competition premised on trademark infringement and intentional interference relating to purchase of Sprinkler World. Obtained dismissal, with prejudice, of all claims.
  • Young Living Essential Oils, LC v. Piping Rock Health Products, Inc., (District of Utah 2015). Lead counsel in claims brought for trademark infringement related to client’s essential oil products. Obtained favorable settlement for client.
  • Tiscareno v. IHC Health Services, Inc., 2015 WL 735668 (10th Cir. 2015). Obtained reversal of district court’s denial of summary judgment to healthcare client based upon qualified immunity.
  • Skywalker Holdings, LLC v. Vuly Trampolines Pty. Ltd. et al., (District of Utah 2015). Lead counsel in claims brought for patent infringement related to trampoline enclosure net systems. Obtained favorable settlement for client.
  • Infinity Headwear & Apparel, LLC v. Jay Franco & Sons, Inc., 2016 WL 5372843 (Southern District of New York 2014). Lead counsel in claims brought for patent infringement related to stuffed animal products.
  • Albion Laboratories, Inc. v. Virtus Pharmaceuticals, LLC, (District of Utah 2014). Lead counsel in claims brought for patent infringement and false advertising related to chelated minerals. Successfully obtained judgment in client’s favor.
  • Young Living Essential Oils, LC v. Edens Garden Essentials, (District of Utah 2014). Lead counsel in claims brought for trademark infringement of client’s essential oils product names. Obtained favorable settlement for client. 
  • ClearPlay, Inc. v. Dish Network, LLC et al., (District of Utah, 2014). Counsel for claims brought for patent infringement related to content editing technology and against Dish Network’s “Autohop” services. 
  • Hornady Manufacturing Co. v. Doubletap, Inc., 746 F.3d 995 (10th Cir. 2014). Lead counsel in case brought against client for trademark infringement and deceptive trade practices. Successfully obtained summary judgment ruling dismissing all claims three weeks before trial, including award of attorneys’ fees. Affirmed on appeal.
  • Load Zone Marketing and Management v. Clark, 2014 UT App. 194, cert. denied. Lead counsel in defending claims brought for breach of real estate purchase contract. Successfully obtained summary judgment on all claims, including award of attorneys’ fees. Affirmed on appeal to Utah Court of Appeals. Petition for Certiorari to Utah Supreme Court denied.
  • Snowie, LLC v. DTX International, Inc., (District of Utah 2013). Lead counsel in patent and trade dress infringement matter related to in-home snow cone machines. Obtained favorable settlement for client after filing motion for preliminary injunction. 
  • The Sage Corporation, Inc. v. Success Transportation Services, LLC, (District of Idaho 2013). Lead counsel in claims brought for copyright infringement related to client’s truck-driver training materials. Obtained successful resolution for client.
  • Home Design Services, Inc. v. Alan V. Gren Enterprises, Inc., (District of Utah, 2012). Lead counsel in action defending claims of copyright infringement relating to home building drawings. Obtained successful result for client.
  • Miche Bag, LLC v. Be You, LLC, 2011 WL 4449683 (Northern District of Illinois). Obtained Consent Judgment for violation of settlement agreement related to patent and copyright claims.
  • Jerry Leigh of California, Inc. v. Dragon Crowd Garment, Inc., (Central District of California, 2010). Lead counsel for one of China’s largest apparel manufacturers in defending claims asserted against client for trademark, trade dress infringement, and false advertising. Obtained successful result for client.
  • Miche Bag, LLC v. The Marshall Group, 818 F.Supp.2d 1098 (Northern District of Indiana). Obtained temporary restraining order and preliminary injunction enjoining infringement of client’s trade dress rights related to purse products.

Education

The George Washington University Law School, LL.M., with highest honors, 2006

  • Highest Grade, Mediation & Alternative Dispute Resolution
  • Highest Grade, Ethics in Adjudication and Settlement

The Florida State University College of Law, J.D., 2005

  • Dean's Academic Honor List
  • Highest Grade, Advanced Legal Research
  • Blank-Miller Scholarship recipient
  • Research Assistant, Donald J. Weidner, Dean, Florida State University College of Law
  • Student Ambassador
  • Founder, J. Reuben Clark Law Society, Florida State University Chapter
  • Pro Bono Volunteer, Legal Services of North Florida

Utah State University, B.A., cum laude, 2002

  • Dean's Academic Honor List
  • Volunteer Peer Tutor
  • Pi Sigma Alpha

Clerkship

  • Judicial Extern, Florida First District Court of Appeals

Bar Admissions

  • Utah, 2008
  • Nevada, 2007
  • Virginia (in-active), 2006
Other Admissions
  • U.S. Court of Appeals, Tenth Circuit
  • U.S. Court of Appeals, D.C. Circuit
  • U.S. Court of Appeals, Federal Circuit
  • Utah State and Federal Courts
  • Nevada State and Federal Courts
  • United States District Court for the Northern District of Indiana
  • United States District Court for the Eastern District of Michigan

Honors & Awards

  • Utah Legal Elite: Intellectual Property (2017)
  • 2017, honored by Utah Business magazine as a Forty Under 40 Rising Star (40 executives under 40 years old)
  • Mountain States Super Lawyer: Rising Star for Intellectual Property Litigation (2012 - 2017)
  • Most Dedicated New Senior Attorney, Trial By Peers Pro Bono Youth-Offender Diversion Program (2007)

Affiliations

German-American Society

Barrister, American Inn of Court

Bar Examination Committee member, Utah State Bar

American Intellectual Property Law Association

J. Reuben Clark Law Society

Community/Civic Involvement

Salt Lake Rotary Club (Club 24)

Volunteer Leader, Boys Scouts of America, 2006 - present

Secretary, Utah Consular Corps

Former Board Member, J. Reuben Clark Law Society, Salt Lake City Chapter

Volunteer coach for multiple little league teams (basketball, football, baseball and soccer)

Executive Committee member, Christkindlmarkt SLC (German Christmas market)

Former high school varsity basketball official

Language