"He is very personable and engaged with understanding our business and industry." - Benesch client, Chambers USA
A copyright, trademark, and media lawyer by trade, as well as 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, fashion, technology, consumer products, media, music, film, creative content, and content distribution companies. His practice primarily focuses on complex licensing deals involving music content, copyright, trademark, publicity rights, fair use, and celebrity endorsements. Before becoming a lawyer, Mark earned a living as a studio musician, producer, and songwriter, writing many songs and producing or performing on many albums for, among other artists, two members of the Rock and Roll Hall of Fame: Carlos Santana (“Angel Love”) and Bon Jovi (“She Don’t Know Me”); as well as Donnie Iris (“Ah! Leah!” and “Love Is Like A Rock”), Mason Ruffner (“Gypsy Blood”), and Wild Cherry (“Play That Funky Music, White Boy”).
Mark won a national prize in ASCAP’s Nathan Burkan Memorial Competition for an article he wrote about music copyright infringement that has been cited in the Nimmer on Copyright treatise. He's taught the course, “Law of the Music Industry,” at Case Western Reserve University School of Law for about 25 years. He has also regularly participated as a faculty member for the Federal Judicial Center and the Berkeley Center for Law & Technology.
Mark was named one of Cleveland State University’s most fascinating alumni in connection with the school’s 50th anniversary. Mark still performs as keyboard player with Donnie Iris and the Cruisers and The James Gang, featuring Joe Walsh, Jimmy Fox, and Dale Peters.
On December 14, 2020, The New York Times reported that "Ah! Leah!" (produced and written by Mark) was named among the 2,020 greatest-ever songs according to a survey conducted by WXPN, a public radio station in Philadelphia.
Recent Representative Matters:
- Represented Wrangler Jeans in negotiating a product collaboration deal with country superstar Lainey Wilson.
- Negotiated music festival agreements for big fashion brands.
- Regularly clear sync and master use licenses for big fashion brands.
- Represented several large companies accused of infringing songs and recordings in social media.
- Represented a large technology company in a trademark dispute with an AI company.
- Represented a large multinational record and publishing company in acquiring record and publishing interests.
- Routinely counsel the Rock and Roll Hall of Fame on various IP and licensing issues.
- Represented a publishing company disposing of its assets (including a worldwide number one song) to Warner Chappell Music.
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).
