"He is very personable and engaged with understanding our business and industry." - Benesch client, Chambers USA
A copyright, trademark, and media lawyer by trade, and a litigator and business attorney, Mark focuses his practice on “old” and “new” media issues, consumer products, technotainment (including music and other entertainment-related technology licensing matters), and general mobile commerce.
Mark provides general legal support to various types of museums, technology and software companies, consumer products companies, and media, music, film, creative content, and content distribution companies. His practice focuses on complex technology licensing deals involving creative content, 3D-printing industry-related counseling, copyright, trademark, and trade dress litigation, copyright and trademark prosecution, fair use and rights of publicity/privacy counseling, celebrity endorsements, and an expertise in privacy and data security compliance. Before becoming a lawyer, Mark earned a living as a studio musician, producer and songwriter, writing over 500 songs and producing or performing on more than 35 albums for, among other artists, Carlos Santana (“Angel Love”), Bon Jovi (“She Don’t Know Me”), Donnie Iris (“Ah! Leah!” and “Love Is Like A Rock”), Mason Ruffner (“Gypsy Blood”) and Wild Cherry (“Play That Funky Music, White Boy”).
Representative Experience
- Represented a global leader in labeling and packaging materials in its acquisition of a leading provider of sports apparel customization & retail experience technology.
- Legal/intellectual property assistance with music festivals.
- Licensing matters, various matters concerning exhibits.
- Stopping trademark infringements, policing domain names, assisting with general intellectual property matters concerning gutter guards.
- Legal assistance with licensing arrangements, data security and privacy issues, employment matters, and software development.
- Copyright infringement litigation concerning technology for the e-book industry, representing OverDrive, Inc. as plaintiff
- Represented Altus Capital Partners II, L.P. in the acquisition of Nichols Portland, a division of Parker Hannifin Corporation.
- Represented Bleacher Creatures, LLC in Pope Francis plush doll matter.
- Routinely counsel companies on nominative trademark use.
- Routinely counsel museums and major, top-tier creative content companies on fair use/First Amendment defenses (specific examples intentionally omitted).
