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Tag: First Amendment

Credit Card Fees and Florida Statute 501.0117

April 9, 2019 Griffin Klema One comment
credit cards

After the Florida Bar changed its rule on credit card fees, an attorney reached out to me still worried about whether lawyers in Florida could lawfully pass on the costs associated with accepting plastic. His concern stemmed from one of Florida’s consumer laws—a “no surcharge” law—that purported to prevent nearly

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Hate Speech and Porn Trademarks?

July 20, 2017 Griffin Klema 2 comments
Trademark hate speech

Updated: December 15, 2017, to reflect the decision of In re Brunetti, 877 F.3d 1330 (Fed. Cir. 2017). Updated: June 24, 2019, to reflect the decision of the U.S. Supreme Court in Iancu v. Brunetti, __ U.S. __ (2019). Supreme Court invalidated “disparagement” section of trademark statute based on free

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