Mark E. Avsec

Routinely negotiate publisher agreements, management agreements, record company agreements, producer agreements of all shapes and sizes.

Represented Vita-Mix Corporation in negotiating deals with Alex Guarnaschelli and other celebrity chefs.

Represented The Rock and Roll Hall of Fame and Museum in a number of content-related agreements and strategies.

Represented Rock and Roll Hall of Fame and Museum in connection with annual Music Masters series.

Successfully represented Entity Production, Inc. in several copyright litigations concerning musical compositions and sound recordings.

Successfully defended national music magazine in libel action brought by members of a musical group.

Successfully represented a multi-media content company in defending copyright infringement action against global transportation company, including obtaining recompense of attorneys’ fees.

Successfully represented a music publisher in copyright infringement action against multi-national television and film company, obtaining favorable settlement.

Successful representation of music publishing company in lawsuit with major telecommunications company for infringement of musical composition in cellular telephone ring tone.

Represented Signet/Sterling Jewelers in negotiating licensing deal with Angel Sanchez.

Represented ringtone provider in clearing music rights for catalogue.

Represented major consumer products companies in trademark licensing agreements.

Represented logistics software company in a number of licensing deals.

Represented leading University art historian and professor in dispute over authenticity of 32 paintings.

Represented leading provider of infrastructure for distributing premium digital content to public libraries in acquiring music content from major independent and major record labels.

Represented investment group focused on acquiring music publishing assets.

Represented investment company in consummating deal with film company.

We were retained by legendary rock group Lynyrd Skynyrd to defend it in copyright infringement action pending in the U.S. District Court for the Northern District of Ohio.  After early summary judgment briefing, the Court dismissed some of the claims.  The Court is presently setting a schedule to address the remaining claims.

Representation of documentary film production company in negotiating rights and licenses for production of major musical artists’ film documentaries, and public television broadcasts of same.

Represented a major production company in licensing music to Electronic Arts for use in Madden VII video game.

Represented songwriter in obtaining settlement from international film company and major beverage chain related to unauthorized use of musical composition and recording in motion picture.

Represented major health care provider in authorship dispute over software.

Prosecuted several copyright infringement actions against several online ringtone companies for infringement of musical compositions.

Fitness Quest, Inc. et al. v. Universal Music Publishing Group, successfully represented Fitness Quest in copyright infringement litigation over music-related content.

Glanton v. Sony Records, successfully represented Sony in copyright infringement action related to plaintiff’s copyright infringement allegation (dismissed after case was fully briefed).

Represented Internet music streaming company consummate a private offering memorandum raising $8.5 Million.

Represented Abercrombie & Fitch in trademark prosecution strategy.

Represented a major label in defending a copyright infringement lawsuit.

Designed technology evaluation agreements for LCD technologies.

Representation of major musical artist in negotiating anniversary concert with major concert promoter and in negotiating related sound recording and music publishing reproduction and distribution licenses from major record company and music publisher for merchandising

Representation of musical artist management companies in drafting, negotiating, and personal management agreements with musical artists.

Representation of several musical artists in negotiating and consummating recording agreements with independent and major recording labels.

Representation of major organizer, producer, and promoter of multiple live concert events in negotiating and consummating $5 million concert and television sponsorship agreement with corporate sponsor.

Representation of ring tone provider in connection with clearing copyrights for use in cellular telephone ring tones and related general business counseling issues.

Representation of investment group procuring and evaluating musical assets investment opportunities.

Representation of angel-financing funded music and media business with proprietary patent technologies in a general counsel capacity.

Represented Fitness Question in book deal.

Represented Cleveland Research Company in a number of copyright and content-related matters.

Represented Cleveland Public Library in devising 3D printing policy.

Represented Altus Capital Partners II, L.P. in the acquisition of Nichols Portland, a division of Parker Hannifin Corporation. Team handled all aspects of the acquisition – the acquisition itself and the equity and debt financing of the acquisition.

Successfully prosecuted several domain name disputes.

Successfully represented a consumer products company in negotiating favorable settlement with multi-national music publishing company.

Testa et al. v. Channel Four Television Corporation; U.S. District Court, Northern District of Ohio Represented plaintiff in copyright infringement action relating to musical composition; negotiated favorable settlement of claim.

Successfully represented music publisher versus multinational company who used song in a film and DVD without permission.

Provides general intellectual property and business counseling to national and multi-national creative content companies.

Presented on 3D printing opportunities and issues to museums.

Successfully obtained judicial approval of contracts with minors for several major labels.

Representation of songwriter in procuring and negotiating worldwide music publishing deal with major music publishing company.

Counseled global provider of specialized polymer materials, services, and solutions in developing a legal strategy for leveraging the production of materials for additive manufacturing.

Dominic Ierace p/k/a Donnie Iris v. MDNH, Inc.; World Intellectual Property Arbitration and Mediation Center Represented complainant, a popular music singer, in UDRP action relating to respondent’s registration of the domain name “donnieiris.com”; respondent voluntarily transferred the domain name to complainant before decision issued

Assisted Telos Systems in a variety of licensing agreements concerning sophisticated audio gear.

Represented Bleacher Creatures, LLC in Pope Francis plush doll matter.

Represented Cleveland-San Jose Ballet regarding private equity investment and resolving various copyright issues, public television issues, and Musicians’ Union issues concerning staging of “Blue Suede Shoes”.

Fitness Quest, Inc. et al. v. Universal Music Publishing Group, Inc.; U.S. District Court, Northern District of Ohio Represented declaratory judgment plaintiff in action involving use of plaintiff’s music in fitness videotape series; negotiated favorable settlement after court granted clients’ motion for partial summary judgment

Represented agency of LeBron James in negotiating Sprite deal with Coca-Cola.

Represented a production company in consummating agreements with creators, Maryland Public Television, and multiple composers, authors, and performers involved in PBS television special and related DVD and compact disc

Representation of major music magazine regarding various licensing and co-branding deals with major music publishers and record companies, podcasting issues, freelance agreements, and libel and copyright issues.

Representation of leading sports, entertainment, cultural and leisure sponsorship and event management agency in drafting major rock and roll institution anniversary concert.

Representation of major ballet company regarding obtaining private equity investment and resolving various copyright issues, public television issues, and Musicians’ Union issues, concerning successful stage and video production.

Quarterbacked launch of new beer affiliated with nationally-known rock singer.

Represented OverDrive, Inc. in rolling out music content initiatives for their consumers.

Represented music publishing and record company in consummating Internet download and streaming arrangement with Armstrong OneWire.

Represented Global Tel Link* Corporation in a number of music streaming and technology licensing agreements.

Represented Entity Production in feature film project.

Represented Estate of photographer Art Kane (copyright audit, including “A Great Day In Harlem”).

Represented estate of major songwriter in assigning copyrights to heirs/successors-in-interest.

Represented Elevation Group of Companies in consummating exclusive sponsorship agreements for its ORCHESTRA series (Jewel, Counting Crows, etc.).

Designed and implemented document retention programs for companies.

Represented Vita-Mix Corporation in keyword strategy and various litigations and trademark policing.

Represented American Greetings Corporation in AAA dispute over creative content.

Represented orchestral “printing” company in negotiating licenses from music publishing companies.

Quarterbacked launch of new King Cool “beer” associated with recording artist Donnie Iris.

Represented Global Tel Link* in rolling out music content initiatives for their consumers.

Serving as lead counsel to the Rock & Roll Hall of Fame and Museum.

Represented Vita-Mix Corporation in domain name and trademark infringement matters.

Assisted numerous multi-national companies with trademark clearance strategies.

Represented Sony Music in litigation and in gaining judicial approval of a contract with ‘Lil Bow Wow, then a minor.

Represented Ray Charles Marketing Group in leveraging Ray Charles assets in certain sectors.

Represented new musical artist in financing deal with investors.

Represented Internet radio company in launching music streaming service.

Represented holding company of bakery goods and intellectual property in sale of company.

Represented Elevation Group of Companies in various concert and personal management agreements (including Red Sun Rising and the Trinity Cathedral Concert series).

Represented companies of all sizes in trademark prosecution strategies.

Represented American Greetings Corporation in a number of music-licensing projects (Michael Bolton, Taylor Swift, etc.).

Represented Alternative Press Magazine in a number of transactions.

Represented a production company in licensing music to Electronic Arts for use in Madden VII video game.

Represented a production company in consummating deal with a major beverage company concerning use of musical composition and other content in conjunction with theme song for major NBA sports figure.

Representation of music publisher in completing intellectual property audit and attending to remedial issues uncovered by same.

Representation of various Internet music, media, and entertainment companies in drafting streaming and distribution agreements, and in providing general copyright and trademark counseling.

Representation of major record labels in obtaining judicial approval of minority recording agreements for international recording artists.

Representation of music publishing and record company in drafting, negotiating, and consummating Internet download and streaming licenses with major cable company for selling and streaming musical compositions and sound recordings.

Representation of investment company in drafting, negotiating, and consummating stock purchase agreement for investment in film production company.

Successfully registered product design trademarks for multinational consumer products company.

Successfully prosecuted a copyright infringement action against a major cellular telephone manufacturer for infringement of a musical composition in cellular telephone ring tones.

Successfully prosecuted a copyright infringement action against a major recording artist and his record label for infringement of a musical composition and sound recording in new sound recordings.

Successfully prosecuted infringer in action involving copyright infringement and anti-circumvention claims.

Represented several companies in developing e-commerce and web site privacy policies/terms and conditions.

Represented Root Candles in endorsement agreement with famous celebrity.

Represented major energy drink product companies in the negotiated of various sponsorship agreements.

Representation of several independent record companies in drafting form recording agreements and in negotiating and consummating recording agreements with both emerging and establishing musical artists.

Representation of members of major musical artist in internal trademark dispute with other members over use of artist’s federally-registered name.

Representation of various music production companies in drafting, negotiating, and consummating agreements with musical artists.

Representation of major consumer products company in negotiating various infomercial music composer agreements.

Provided general business counseling to a variety of streaming media companies and other Internet technology companies.

Represented Bleacher Creatures, LLC in a number of content licensing deals with major professional and collegiate leagues.

Represented artists in executing terminations of transfer.

Represented buyers and sellers of music publishing catalogs in private capital raising, company valuation techniques, and merger and acquisition analysis.

Represented Alternative Press in negotiating sponsorship agreements with major beverage company.

Represented Belkin Productions consummate deal with Live Nation.

Represented a major public library in licensing software system to a consortium of Ohio libraries.

Represented a major production company in licensing music to Electronic Arts for use in Madden VII video game.

Represented a client in the sale of its trade show division.

Represented a concert promotion company in connection with drafting and consummating a multi-million dollar exclusive sponsorship agreement with a national mortgage company to underwrite a live concert tour and a series of cable television specials featuring marquis musical artists

Successfully represented Dealer Tire in trademark litigation.

Successfully prosecuted and defended many actions involving trademark infringement.

Successfully represented a regional concert promotion company in a sale of substantially all assets to a national concert promotion and radio company.

Successfully represented BEMA Music, music publisher of “Play That Funky Music,” in copyright infringement litigation versus major consumer products company.

Routinely counsel museums and major, top-tier creative content companies on fair use/First Amendment defenses (specific examples intentionally omitted).

Represented Internet music streaming consummate merger with a potential competitor.

Represented Fitness Quest in negotiating infomercial and composer agreements.

Represented Elevation Group of Companies in producing a PBS documentary film about Irish music (features performances by six Grammy Award winners, Academy Award and Golden Globe winners, three Rock and Roll Hall of Fame music inductees).

Represented Elevation Group of Companies in producing a PBS documentary film about Irish music (features performances by six Grammy Award winners, Academy Award and Golden Globe winners, three Rock and Roll Hall of Fame music inductees).

Represented Global Tel Link* Corporation in a number of music streaming and technology licensing agreements.

Represented companies of all sizes in copyright prosecution and licensing strategies.

Assisted OverDrive, Inc. in rolling out music offering to all public libraries in network.

Assisted licensing Ray Charles Marketing Group in implementing licensing strategies.

Represented Signet/Sterling Jewelers in negotiating licensing deal with Sofia Vergara.

Represented Homax Group in false advertising litigation in Northern District of Ohio.

Represented leading University art historian in dispute over authenticity of Jackson Pollock works.

Quarterbacked music content licensing program for OverDrive, Inc. and its public library customers.

Represented a legendary rock artist in copyright infringement litigation and negotiated favorable settlement after summary judgment rulings.

Successfully represented Terry’s Tire Town in trademark litigation before the TTAB.

Represented the Contemporary Youth Orchestra in negotiating concert performance deals with several major musical artists for annual “Rock the Orchestra” series.

Successfully prosecuted several Uniform Dispute Resolution Policy actions.

Representation of music publishing company/record company in bringing copyright action against major film production company and DVD manufacturer for incorporating musical composition and sound recording in major commercial film without authorization.

Successfully stopped infringers and obtained favorable settlements in several product design/trade dress infringement cases.

Issued numerous opinion letters to companies and organization concerning parody and other forms of fair use.

Represented Arizona arts dealer in copyright infringement litigation.

Represented Cleveland Public Library in connection with the licensing of software among a consortium of Ohio libraries.

Representation of start-up orchestral print company in negotiating licenses from music publishing companies for “motif quoting” in symphonic works.

Represented major hair clinic in intellectual property litigation.

Representation of major musical artist in negotiating product endorsement agreement with major telecommunications company.

Representation of music publishing company in early-stage discussions regarding Broadway production.

Represented OverDrive, Inc. in various litigations.

Represented Homax Group in trade dress litigation concerning various consumer products.

Represented Mavea, a division of Brita GmbH, in Northern District of California trademark infringement litigation, and other ancillary matters.

Represented House of Spices in numerous trademark litigations (obtaining injunctions, consent judgments, and damages).

Represented Lynyrd Skynyrd in copyright infringement dispute in the Northern District of Ohio.

Represented Ideastream (public television and public radio) in American Archives Pilot Project.

Representation of legendary rock recording artist as Ohio touring counsel.

Represented Sherwin-Williams in “App” development agreements.

Representation of orchestras in drafting, negotiating, and consummating orchestral concert performance agreements with contemporary musical artists.

Negotiated record deals and music publishing deals for several artists, with significant advances.

Represented Turning Technologies in a number of licensing matters.

Represented architectural firm in copyright infringement dispute concerning building design.

Represented Cleveland-San Jose Ballet regarding private equity investment and resolving various copyright issues, public television issues, and Musicians’ Union issues concerning staging of “Blue Suede Shoes”.

Representation of major musical artist in negotiating with symphony orchestra, concert promoter, and concert sponsor, concert performance agreement featuring musical artist and symphony orchestra (and recordings of same).

Representation of various music and media companies in drafting, negotiating, and consummating Internet web site development agreements.

Legal/intellectual property assistance with music festivals.

Stopping trademark infringements, policing domain names, assisting with general intellectual property matters concerning gutter guards.

Licensing matters, various matters concerning exhibits.

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