Mark E. Avsec
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Biography Mark E. Avsec Vice Chair, INNovatioNs, INformatioN TechNology & INtellectual Property (3iP) Practice Group; 3iP Group Lead - Copyrights; Leader, BeNesch 3D PriNtiNg Legal Team ClevelaNd T. 216.363.4151 [email protected] Related Practices MaiN Bio INtellectual Property/3iP “He is very persoNable aNd eNgaged with uNderstaNdiNg Copyrights aNd Creative CoNteNt our busiNess aNd iNdustry.” - BeNesch clieNt, Chambers E-Commerce USA 2020 Trademarks Mark E. Avsec is a partNer aNd Vice Chair of the TechNology TraNsactioNs INNovatioNs, INformatioN TechNology & INtellectual INtellectual Property LitigatioN Property (3iP) Practice Group. He is also Co-Chair of BeNesch’s Sports aNd ENtertaiNmeNt Group aNd leads First AmeNdmeNt & Media Law BeNesch’s 3D PriNtiNg Legal Team. Fair Use A copyright, trademark, aNd media lawyer by trade, aNd a Rights of Publicity aNd Product litigator aNd busiNess attorNey, Mark focuses his practice oN ENdorsemeNt “old” aNd “New” media issues, coNsumer products, PateNts techNotaiNmeNt (iNcludiNg music aNd other eNtertaiNmeNt- IT ProcuremeNt related techNology liceNsiNg matters), aNd geNeral mobile commerce. Mark provides geNeral legal support to various IP & IT MediatioN Services types of museums, techNology aNd software compaNies, Data ProtectioN coNsumer products compaNies, aNd media, music, film, BlockchaiN & Smart CoNtracts creative coNteNt, aNd coNteNt distributioN compaNies. His practice focuses oN complex techNology liceNsiNg deals iNvolviNg creative coNteNt, 3D-priNtiNg iNdustry-related Related INdustries couNseliNg, copyright, trademark, aNd trade dress litigatioN, Not-for-Profit copyright aNd trademark prosecutioN, fair use aNd rights of Not-for-Profit/INtellectual Property publicity/privacy couNseliNg, celebrity eNdorsemeNts, aNd aN expertise iN privacy aNd data security compliaNce. Before Additive MaNufacturiNg-3D PriNtiNg becomiNg a lawyer, Mark earNed a liviNg as a studio musiciaN, Retail, Hospitality & CoNsumer producer aNd soNgwriter, writiNg over 500 soNgs aNd produciNg Products Group or performiNg oN more thaN 35 albums for, amoNg other artists, Carlos SaNtaNa (“ANgel Love”), BoN Jovi (“She DoN’t KNow EducatioN Me”), DoNNie Iris (“Ah! Leah!” aNd “Love Is Like A Rock”), MasoN RuffNer (“Gypsy Blood”) aNd Wild Cherry (“Play That • ClevelaNd State UNiversity, 1992, FuNky Music, White Boy”). B.A., Philosophy • summa cum laude Mark is aN AmericaN Music Award wiNNer aNd has beeN NomiNated for two Grammy Awards. He was a member of Wild • ClevelaNd State UNiversity, Cherry aNd is the fouNdiNg member of DoNNie Iris aNd the ClevelaNd-Marshall College of Law, 1994, J.D. Cruisers. As keyboardist for Wild Cherry, DoNNie Iris, Breathless, aNd MasoN RuffNer, Mr. Avsec performed iN • magNa cum laude Biography coNcert with, amoNg others, Carlos SaNtaNa, Stevie WoNder, Michael JacksoN, Average White BaNd, Loverboy, BoN Jovi, CredeNtials Nazareth, Ted NugeNt, JoaN Jett, Cheap Trick, The • Ohio Commodores, Earth, WiNd aNd Fire, The Isley Brothers, • U.S. District Court for the NortherN George BeNsoN, Chuck MaNgioNe, JourNey, Brothers JohNsoN, District of Ohio Chaka KahN aNd Rufus, Natalie Cole, Graham CeNtral StatioN, The Ohio Players, Tower Of Power, ABBA, George CliNtoN aNd • U.S. District Court for the SoutherN the FuNkadelics, Bootsy ColliNs, The O’Jays, KC aNd the District of Ohio SuNshiNe BaNd, The Fabulous ThuNderbirds, Dr. JohN, Stevie • U.S. Court of Appeals for the Sixth Ray VaughaN, ForeigNer, UFO, The RomaNtics, Hall & Oates, Circuit KISS, The IroN City Houserockers, Foghat, Triumph, Huey Lewis aNd The News, aNd Eddie MoNey. He has performed oN RecogNitioNs maNy televisioN shows, iNcludiNg The Grammy Awards, MidNight Special, DoN KirshNer’s Rock CoNcert, The Merv • Listed, Chambers USA LeadiNg Lawyers, INtellectual Property 2015- GriffiN Show, aNd The DiNah Shore Show. 2021 Mark regularly teaches aNd is a frequeNt speaker oN • Listed, Ohio Super Lawyers 2008, eNtertaiNmeNt, iNtellectual property, aNd media topics. He 2012-2015 serves as aN AdjuNct Law Professor at Case WesterN Reserve UNiversity School of Law, where he has taught “Law of the Music INdustry” siNce 2003. He is also a faculty member at the Memberships Great Lakes Sports aNd ENtertaiNmeNt Academy, a joiNt • Member, AmericaN Bar AssociatioN program of Case WesterN Reserve UNiversity School of Law • Member ClevelaNd MetropolitaN Bar aNd ClevelaNd-Marshall College of Law, ClevelaNd State AssociatioN UNiversity, where he has taught music aNd eNtertaiNmeNt law • VoluNteer Lawyer for the Arts siNce 2012. He has participated as a faculty member for the (1996-2003) Federal Judicial CeNter aNd the Berkeley CeNter for Law & TechNology where he has preseNted oN copyright law basics • AdjuNct Professor of Law, Case aNd iNfriNgemeNt aNalysis to federal judges with Professors WesterN Reserve UNiversity (“Law of the Music INdustry,” 2003 - preseNt) David Nimmer aNd Peter MeNell at the UNiversity of CaliforNia, Berkeley, Boalt School of Law. • Faculty Member, Great Lakes Sports aNd ENtertaiNmeNt Law Academy Mark has served the ClevelaNd commuNity iN the past as a chairpersoN of The VoluNteer Lawyers for the Arts sectioN of • Master of the BeNch, The KathleeN M. O’Malley AmericaN INN of Court The ClevelaNd Bar AssociatioN, a member of the Board of Trustees of the CoNtemporary Youth Orchestra, aNd a member • Member, The AmericaN Society of of the ClevelaNd FouNdatioN’s Rock aNd Roll Hall of Fame Composers, Authors aNd Publishers FouNdatioN Scholarship FuNd SelectioN Committee. Mark is • Member, The AmericaN FederatioN curreNtly a member of ASCAP, the DeaN’s VisitiNg Committee of TelevisioN aNd Radio Artists of ClevelaNd State UNiversity’s College of Liberal Arts aNd • Member, The ClevelaNd FederatioN Social ScieNces, aNd the Board of Trustees of the ClevelaNd of MusiciaNs MetropolitaN Bar AssociatioN. He was receNtly appoiNted by • Member, Leadership ClevelaNd’s Cuyahoga CouNty Executive ArmoNd Budish to serve oN the Class of 2014 Cuyahoga Arts & Culture’s Board of Trustees. Mark earNed his B.A. summa cum laude iN 1992 aNd his J.D. magNa cum laude iN 1994 from ClevelaNd State UNiversity. He is a raNked lawyer iN Chambers USA 2015 aNd Chambers USA 2016, aNd has beeN Named aN Ohio “Super Lawyer” for INtellectual Property several times. He is a member of the Leadership ClevelaNd Class of 2014. He was Named oNe of ClevelaNd State UNiversity’s most fasciNatiNg alumNi iN coNjuNctioN with the school’s 50th aNNiversary celebratioN. Biography ExperieNce TechNology TraNsactioNs • RepreseNted several compaNies iN developiNg e-commerce aNd web site privacy policies/terms aNd coNditioNs. 3iP LitigatioN • RepreseNted INterNet music streamiNg compaNy coNsummate a private offeriNg memoraNdum raisiNg $8.5 MillioN. • RepreseNted leadiNg UNiversity art historiaN iN dispute over autheNticity of JacksoN Pollock works. • RepreseNted Homax Group iN false advertisiNg litigatioN iN NortherN District of Ohio. • RepreseNted Homax Group iN trade dress litigatioN coNcerNiNg various coNsumer products. • RepreseNted Ideastream (public televisioN aNd public radio) iN AmericaN Archives Pilot Project. • RepreseNted ArizoNa arts dealer iN copyright iNfriNgemeNt litigatioN. • RepreseNted major hair cliNic iN iNtellectual property litigatioN. • 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. • GlaNtoN v. SoNy Records, successfully represeNted SoNy iN copyright iNfriNgemeNt actioN related to plaiNtiff’s copyright iNfriNgemeNt allegatioN (dismissed after case was fully briefed). • FitNess Quest, INc. et al. v. UNiversal Music PublishiNg Group, successfully represeNted FitNess Quest iN copyright iNfriNgemeNt litigatioN over music-related coNteNt. • Quarterbacked music coNteNt liceNsiNg program for OverDrive, INc. aNd its public library customers. • RepreseNted House of Spices iN Numerous trademark litigatioNs (obtaiNiNg iNjuNctioNs, coNseNt judgmeNts, aNd damages). • RepreseNted OverDrive, INc. iN various litigatioNs. • RepreseNted Mavea, a divisioN of Brita GmbH, iN NortherN District of CaliforNia trademark iNfriNgemeNt litigatioN, aNd other aNcillary matters. • RepreseNted Lynyrd Skynyrd iN copyright iNfriNgemeNt dispute iN the NortherN District of Ohio. Biography p • RepreseNted AmericaN GreetiNgs CorporatioN iN AAA dispute over creative coNteNt. • RepreseNted a legeNdary rock artist iN copyright iNfriNgemeNt litigatioN aNd Negotiated favorable settlemeNt after summary judgmeNt ruliNgs. Additive MaNufacturiNg-3D PriNtiNg • RepreseNted ClevelaNd Public Library iN devisiNg 3D priNtiNg policy. • PreseNted oN 3D priNtiNg opportuNities aNd issues to museums. • CouNseled global provider of specialized polymer materials, services, aNd solutioNs iN developiNg a legal strategy for leveragiNg the productioN of materials for additive maNufacturiNg. Copyrights aNd Creative CoNteNt • Assisted liceNsiNg Ray Charles MarketiNg Group iN implemeNtiNg liceNsiNg strategies. • RepreseNted compaNies of all sizes iN copyright prosecutioN aNd liceNsiNg strategies. • RepreseNted artists iN executiNg termiNatioNs of traNsfer. • 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 The Rock aNd Roll Hall of Fame aNd Museum iN a Number of coNteNt-related agreemeNts aNd strategies. • RepreseNted