Mark H. Jaffe, Partner
Mark focuses on the needs of start-up businesses and creative professionals, from the inception of their companies and throughout each phase of their development. He advises clients regarding their copyrights, trademarks, right of publicity, advertising, brand protection, Digital Millennium Copyright Act, regulatory compliance, labor law, and service contracts. Mark also litigates on behalf of his clients when the need arises. He has served as lead counsel on copyright infringement actions, and as second-chair counsel on the Computer Fraud and Abuse Act trial United States v. Auernheimer.
Linkedin: Mark’s Linkedin Profile
Mark’s transactional experience includes:
- United States and international trademark prosecution and brand strategy for numerous clients
- Advised hedge fund on formation, including drafting subscription agreement and investment questionnaire
- Copyright and trademark licenses for a research and development company, photographers, and arts festivals
- Negotiated settlement between independent record company and major record label over sampled recordings
- Represented trade association on regulatory compliance issues
- Employment and service agreements
- Sending and responding to cease and desist letters
- Shareholder agreements and shareholder buyouts
Mark’s litigation experience includes:
- Second chair trial defense counsel in the federal Computer Fraud and Abuse prosecution United States v. Auernheimer. Mark argued before the District Court judge that Mr. Auernheimer was being tried unconstitutionally in the state of New Jersey. It was on this issue that Auernheimer’s conviction was reversed by the Third Circuit Court of Appeals.
- Lead counsel on copyright infringement actions in New York federal courts, on behalf of an architect and software developers
- Representation on behalf of employees and employers in labor law disputes
- Representation of injured investors bringing actions against financial institutions
Between 2009 and 2011 Mark served as Chair of the Trademark Legislation Committee of the American Bar Association, which under his leadership enacted policy resolutions on online counterfeiting and well-known marks. He served on the Trademark and Unfair Competition Committee of the New York City Bar Association from 2010-2013.
In 2007 the Copyright Society of the U.S.A. awarded him the Charles B. Seton Award for best article of the year written by a young lawyer for Defusing the Time Bomb Once Again: Determining Authorship in a Sound Recording, 53 JCPS 139 (2006).
Before he was a lawyer, Mark worked for record labels as a broker of licensing and distribution deals, and produced the benefit album “Funky Precedent Vol. 2,” for No Mayo/Matador Records.
Mark is admitted in New York State, the Second Circuit Court of Appeals, the Third Circuit Cout of Appeals, and the Federal District Courts for the Eastern and Southern Districts of New York.
Publications and Speaking Engagements:
- California State University Northridge event, Speaker: Free Speech or Property? How Fair is Fair Use? (Apr. 23, 2014)
- New York Legal Hackers event, Panelist, Hacking Revenge Porn (Jan. 2, 2014)
- New York City Bar Association event, Moderator: 3D Printing: The Potential Impact of Open Source Manufacturing on Intellectual Property, New York City Bar Association (Oct. 17, 2013)
- American Bar Association CLE Webinar, Moderator: A New Beginning in the End: Sound Recording Copyright Terminations – A Discussion and Debate (Aug. 16, 2012).
- The Uncertain Future of Initial Interest Confusion, co-author, Landslide Magazine, Vol. 4, No. 6 (July/Aug. 2012).
- Annual Review of Intellectual Property Law Developments 2009 (case summaries, co-author, 2010).
- Defusing the Time Bomb Once Again: Determining Authorship in a Sound Recording, Journal of the Copyright Society of the U.S.A., 53 JCPS 139 (2006).