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, the 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 and trademark infringement actions. Mark is trial and appellate counsel for former Reuter journalist Matthew Keys, and he served as second-chair counsel on the Computer Fraud and Abuse Act trial United States v. Auernheimer. He will also be acting as trial counsel, along with Tor Ekeland, for accused Steubenville hacker Deric Lostutter.
Phone: 718-737-7264, ext. 701
Linkedin: Mark’s Linkedin Profile
Mark’s transactional experience includes:
- United States and international trademark prosecution and brand strategy for numerous clients
- Copyright and trademark licenses for a research and development company, photographers, arts festivals, and other creative industries
- Representing Hollywood actress in connection with podcasting contract
- Represented 90’s alt-rock band in regaining its sound recording rights from its record companies.
- Represented hip-hop record company in copyright litigation over alleged sampling.
- Negotiated settlement between independent record company, record producer, and major record label over sampled recordings
- Employment and service agreements
- Shareholder agreements and shareholder buyouts
- Advised hedge fund on formation, including drafting subscription agreement and investment questionnaire
Mark’s litigation experience includes:
- Trial and appellate counsel for former Reuters journalist Matthew Keys in the federal Computer Fraud and Abuse Act trial United States v. Matthew Keys, in the Eastern District of California and Third Circuit Court of Appeals.
- Second chair trial defense counsel and appellate 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.
- Second chair trial defense counsel of Deric Lostutter a.k.a. “KYAnnoymous” in United States v. Lostutter, Eastern District of Kentucky.
- Lead counsel on copyright infringement actions in the Eastern and Northern Districts of New York, on behalf of architects and software developers
- Represents well-known New York ice cream company in trademark infringement lawsuits.
- 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).
In 2006, Mark graduated from Fordham University School of Law where he was an Associate Editor of the Fordham Law Intellectual Property Law Journal and an assistant to Professor Hugh Hansen.
Mark is admitted in New York State, the third Circuit Court of Appeals, the Ninth Circuit Court of Appeals, and the Federal District Courts for the Eastern, Southern, and Northern 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
- 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).
New York Unified Courts
Passed Feb 2016 California bar exam. Admission is pending.
Eastern District of NY Bankruptcy Court
Eastern District of New York
Southern District of New York
Northern District of New York
Appeared pro hac vice in the Eastern District of California