Florida Real Property and Business Law Update
Florida Real Property & Business Litigation Report, Volume 13, Issue 27
United States Patent and Trademark Office v. Booking.Com B. V., Case No. 19–46 (2020).
Adding “.com” to a generic description that is not otherwise capable of being trademarked is permissible if consumers do not view the name containing “.com” as generic.
Seila Law LLC v. Consumer Financial Protection Bureau, Case No. 19–7 (2020).
The Consumer Financial Protection Bureau’s structure, which states the director cannot be removed at will by the President, is unconstitutional.
DeRoy v. Carnival Corporation, No. 18-12619 (11th Cir. 2020).
A forum selection clause that chooses federal court over state court binds litigants to that forum even though jurisdiction may also lie in state court.
Jackson v. Household Finance Corporation III, Case No. SC18-357 (Fla. 2020).
The predicate for admission of business records can be laid by a qualified witness merely testifying to the foundational elements of the exception, i.e., there is no need for the witness to “detail the basis for his or her familiarity with the relevant business practices of the company or give additional details about those practices as part of the initial foundation . . . .”
Neon Investments, LLC v. Afina Pallada, Inc., Case No. 4D20-281 (Fla. 4th DCA 2020).
Post-judgment intervention is generally not permitted and permitted only when the intervention does not seek to attack the judgment.