Mark H. Jaffe, Partner
Mark focuses on the needs of start-up businesses and creative professionals, including photographers, media entities, software developers, and architects. He advises clients regarding their copyrights, trademarks, right of publicity, advertising, brand protection, regulatory compliance, labor law, and contracts. His experience includes a wide variety of litigation and transactional needs. In addition to advising companies and individuals, 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.
Mark has years of experience litigating in New York Federal and State courts, representing copyright owners, banks, businesses, hedge funds, and investors. Between November 2008 and April 2011, Mark was a law clerk for Justice Barbara Jaffe (no relation) and Justice Harold B. Beeler, in the Civil Division of the New York State Supreme Court, New York County.
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).
Mark is a member of the American Bar Association, New York City Bar Association, New York State Bar Association, and Brooklyn Bar Association. He is admitted in New York State, and the Federal District Courts for the Eastern and Southern Districts of New York.
Prior to entering law school, 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.
Publications and Speaking Engagements:
- 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).