Barnard N. Madsen

Barnard N. Madsen: Attorney with Fillmore Spencer, LLC
  • Partner at Fillmore Spencer, LLC (16 Attorneys)
  • 3301 North University Avenue, Provo, UT 84604
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Barney's 30-year 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 fifteen years in private practice. His current practice focuses on intellectual property, employment law, commercial litigation, and appeals. 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.


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

Community involvement

Volunteer, Family Watch International, 2013–present
Board Member and Secretary, Gazelam Foundation, 2009–present
Board member, Kresimir Cosic Foundation, 2009–present
Brigham Young University Cougar Club, 1998–present
Moot Court Judge
S. J. Quinney College of Law, 1996–1998
J. Reuben Clark Law Society, 1998–present
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

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)

Areas of Practice (9)

  • Civil and Commercial Litigation including Class Actions
  • Domain Name and other Internet-Related Intellectual Property Disputes
  • Trademarks Registration, Enforcement and Dress Infringement
  • Branding Advice
  • Trade Secrets
  • False Advertising Litigation
  • Employment Law
  • Medical Malpractice
  • Appeals

Education & Credentials

Contact Information:
855-575-1385  Phone
801-426-8208  Fax
University Attended:
Haifa University, Israel, Overseas Studies Program, 1980; Brigham Young University, B.A., English, 1982
Law School Attended:
J. Reuben Clark Law School, J.D., 1985
Year of First Admission:
2005, U.S. Court of Appeals, 10th Circuit; 1985, U.S. District Court, District of Utah; 1985, Utah; 1985, U.S. Court of Appeals for the Armed Forces
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
Reported Cases:
Reported cases

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)


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Provo, Utah

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