“Unjust enrichment is a judicially created remedy designed to avoid benefit to one to the unfair detriment of another.” Lawry v. Palm, 192 P.3d 550, 564 (Colo. App. 2008). In Colorado, unjust enrichment requires that: “(1) defendant received a benefit (2) at the plaintiff’s expense (3) under circumstances that would make it unjust for the […]
A Rule 50(a) motion for judgment as a matter of law may be made before a case is submitted to a jury. See Fed. R. Civ. P. 50(a)(2). If the court does not grant the motion, a “renewed motion for judgment as a matter of law” may be filed after entry of judgment. See Fed. […]
Section 230 of the Communications Decency Act (the “CDA”), 47 U.S.C. § 230, states that “[n]o provider . . . of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” 47 U.S.C. § 230(c)(1). Subject to certain exceptions (see § 230(e)), an Internet provider is […]
Cameron Sexton for State Representative (“Applicant”), a Tennessee Political Campaign Committee (“PAC”), sought registration on the Principal Register of the proposed PEOPLE BEFORE POLITICS mark for among other goods and services, T-shirts and political fundraising services. The application was refused on the ground that the phrase PEOPLE BEFORE POLITICS does not function as a trademark […]
The Consumer Review Fairness Act (“CRFA”), enacted by Congress in 2016, states that “[i]t shall be unlawful for a person to offer a form contract containing a provision” that “prohibits or restricts the ability of an individual who is a party to the form contract to engage in a covered communication.” 15 U.S.C. § 45b(b)(1) […]