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Founding Partner

Barnard N. Madsen

Bnm Photo 3 Attorney Utah County

Provo Office:

At Jamestown Square
3301 North University Ave.
Provo, Utah 84604

Phone Number:

801-426-8200

Email:

bmadsen@fslaw.com

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Trademarks & Copyrights, Civil litigation & appeals, Employment Law

Almost 40 years of Legal Experience

Barney’s legal career includes service on a U.S. congressman’s staff, as an Air Force judge advocate, a Special Assistant U.S. attorney, and Assistant Attorney General. He has served as a prosecutor and criminal defense counsel, and full-time for four years as an appellate counsel, and has now served over twenty-five years in private practice. His current practice focuses on intellectual property (trademarks, trade dress, trade secrets, and copyrights), commercial litigation and appeals, and employment law. For four years running, he has been voted by other attorneys in the state as one of Utah’s Legal Elite in intellectual property and business litigation.

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Jose Hernandez-Gil
Jose Hernandez-Gil
I was involved in a case which took five years to settle. Fillmore Spencer was there every step of the way and was as helpful as possible. When we encountered problems, they resolved them as quickly as possible. I was always informed immediately of any developments in my case and had any and all options clearly explained to me. And given what a difficult client I know I am, I can honestly say they know how to handle difficult clients with expert gloves:)! While my lawsuit was miserable, these guys made the experience more tolerable. They are officially my legal team now!!!
Anthony Kleinsmith
Anthony Kleinsmith
I would HIGHLY recommend Fillmore Spencer and in particular, Barney Madsen. Barney has been my attorney for many years and I would have to say, he has been a lifesaver! I would tell you that the service I have received helps me personally and in my business dealings as well more than I can say! Fillmore Spencer is the firm for you!!
Emma Casuga
Emma Casuga
If anyone is looking for a Trade Mark attorney i highly recommend Fillmore and Spencer " Barnard". He took my call and gave sound advice for almost 20min. FREE! He's done 2 of our companies and every penny was worth it.
Jacob Simpson
Jacob Simpson
I found that Barney Madsen and his partners are thorough, quick, and very knowledgeable.

An Intellectual Property Expert to protect your brand

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Proactively Protect Your Brand

Practice Areas

Barnard N. Madsen brings a broad perspective to business and civil legal matters. His advice has steered the effective branding of local and multi-national brands, protecting their trademarks and helping them to build trust and recognition.   Barney also works to defend employers in business and workplace disputes, takes on corporate and civil lawsuits and appeals.

  • Trademark registration and enforcement
  • Branding advice
  • Intellectual property litigation
  • Civil trials and appeals
  • Mediation and arbitration
  • Employment law
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Bar Admissions

  • Utah, 1985
  • U.S. District Court, District of Utah, 1985
  • U.S. Court of Appeals for the Armed Forces, 1985
  • U.S. Court of Appeals, 10th Circuit, 2005
  • U.S. Court of Appeals, 9th Circuit, 2015

Education

Professional Associations

  • Member, International Trademark Association (INTA)
  • Member, J. Reuben Clark Law Society
  • Master of the Bench, Immediate Past President and Former Secretary, A. Sherman Christensen American Inn of Court I, 2008–present

Military Service

  • Lieutenant Colonel, U.S. Air Force (retired)
    • Judge Advocate General’s Corps 1985–2007
      (11 years on active duty; 11 years as a reservist)

Honors

  • Utah’s Legal Elite, intellectual property and business litigation, 2010, 2011, 2012, and 2013 — Utah Business Magazine.

Seminars

  • Knowledge Group Webinars
    • 2/20/2019 – Preparation and Prosecution of Trademark Applications: A Comprehensive Guide
    • 10/17/2018 – Trademark Infringement in the 2019 Landscape: What You Need to Know
    • 12/4/2017 – The Future of Trademark Infringement: What You Need to Know and Do
    • 6/21/2017 – Best Practices in Protecting Your Brand and the Fundamentals of Trademark Law
  • Trademarks 101
    • Utah Valley Entrepreneurial Forum, 2012
    • BNI International, 2011
    • Utah State Bar spring convention, 2010
    • Brigham Young University Campus Education Week, JRCLS CLE, 2009
  • ADA, ADEA, FLSA, FMLA…: The Alphabet Soup of Employment Law
    • Utah County employers committee, Utah Department of Workforce Services, 1998–2006

Reported Cases

  • Federated Capital Corp. v. Abraham, 2018 UT App 117, 428 P.3d 21 (Utah App 2018)
  • Federated Capital Corp. v. Nazar, 2018 UT App 119, 428 P.3d 1 (Utah App 2018)
  • Federated Capital Corp. v. Shaw, 2018 UT App 120, 428 P.3d 12 (Utah App 2018)
  • ID Electric Inc. v. Gillman, 2017 UT App 144, 402 P3d 802 (2017), cert. denied 412 P.3d 1255 (Utah 2018)
  • Craig v. Provo City, 352 P.3d 139, 2015 UT App 145 (Utah App. 2015)
  • Hansen, et al. v. PT Bank Negara Indonesia, et al, __ F.3d __ (10th Cir. 2013)
  • Young Living Essential Oils, LC v. Marin, 266 P.3d 814 (Utah 2011)
  • Allen, et al. v. Sybase, Inc., et al., 468 F.3d 642 (10th Cir. 2006)
  • Arnell v. Salt Lake County Board of Adjustment et al., 112 P.3d 1214 (Utah App. 2005)
  • State v. Call, 980 P.2d 201 (Utah 1999)
  • State ex rel. M.V., M.V. v. State, 977 P.2d 494 (Utah App. 1999)
  • State v. Wright, 977 P.2d 505 (Utah App. 1999)
  • State v. Parra, 972 P.2d 924 (Utah App. 1998)
  • State ex rel. W.B.J., W.B.J. v. State, 966 P.2d 295 (Utah App. 1998)
  • State v. Lyman, 966 P.2d 278 (Utah App. 1998)
  • State v. Merila, 966 P.2d 270 (Utah App. 1998)
  • State v. Arellano, 964 P.2d 1167 (Utah App. 1998)
  • State v. Betha, 957 P.2d 611 (Utah App. 1998)
  • State v. Stringham, 957 P.2d 602 (Utah App. 1998)
  • State v. McBride, 957 P.2d 539 (Utah App. 1997)
  • State v. Ross, 951 P.2d 236 (Utah App. 1997)
  • State v. Maycock, 947 P.2d 695 (Utah App. 1997)
  • State v. Stephens, 946 P.2d 734 (Utah App. 1997)
  • State v. Winward, 941 P.2d 627 (Utah App. 1997)
  • State v. Struhs, 940 P.2d 1225 (Utah App. 1997)
  • State v. Telford, 940 P.2d 522 (Utah App. 1997)
  • State v. Montoya, 937 P.2d 145 (Utah App. 1997)
  • State v. Byington, 936 P.2d 1112 (Utah App. 1997)
  • State in the interest of JMH, 924 P.2d 895 (Utah App. 1996)

Select reported Military Cases

  • U.S. v. Smith, 44 M.J. 387 (CAAF 1996)
  • U.S. v. McCastle, 43 M.J. 438 (CAAF 1996)
  • U.S. v. Grant, 42 M.J. 340 (CAAF 1995)
  • U.S. v. Lloyd, 43 M.J. 886 (AFCCA 1995)
  • U.S. v. Morrison, 41 M.J. 482 (CAAF 1995)
  • U.S. v. Schloesser, 40 M.J. 453 (CMA 1994)
  • U.S. v. Morgan, 40 M.J. 405 (CMA 1994)
  • U.S. v. Kelly, 39 M.J. 235 (CMA 1994), cert. denied, 513 U.S. 931 (1994)

Community Involvement

  • Board Member, Advisory Board, Veterans Success Center, Utah Valley University 2018-2023
  • Volunteer, Family Watch International, 2013–2014
  • Board Member and Secretary, Gazelam Foundation, 2009–present
  • Board member, Kresimir Cosic Foundation, 2009–2014
  • Brigham Young University Cougar Club, 1998–present
  • Moot Court Judge
    • S. J. Quinney College of Law, 1996–1998
    • J. Reuben Clark Law Society, 1998–2014
  • Volunteer, J. Reuben Clark Law School Mentor Program, 2001–present
  • Legal Advisor, Utah County Employers Committee, 1998–2006
  • Latter-Day Saints Missionary, Germany Frankfurt Mission, 1976–1978

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