Not an insult. The first Amendment applys everywhere there is not a binding agreement and even with an agreement what can be limited is limited. I didnt mean to insult you I just was pointing out my example was exstreme to make a point. Obviously there is a big difference between packers gear and MLK but the later is easier to see a violation. However they are equally protected.
No they simply wave the fees if the case is not won, Just like personal injury cases. Not uncommon at all.