Mark S. Lafayette Partner

Mark S. Lafayette is a Partner of Stern Tannenbaum & Bell LLP specializing in the areas of commercial and intellectual property litigation, real estate, and entertainment. He has extensive knowledge of contract, business torts, real estate, construction, employment, and securities matters. He also represents clients in cases involving trademarks, including counterfeit product and license related litigation, copyrights, and trade secrets. Mark's client base has included Fortune 500 companies, owners and lessees of real estate, entertainers, investors, authors, music publishers, entrepreneurs, and new technology ventures.

In addition to his litigation practice, Mark advises clients on trademark and copyright registration and protection, as well as advertising matters. He also represents clients in real estate transactions, including those involving the purchase and sale of office buildings, condominiums, cooperative apartments, and residential property, and the lease of real property for various uses. Mark has served as approved counsel to represent major insurance companies and their insureds in matters related to contracts, business torts, disability, life, intellectual property, employment, and media.

Super Lawyers Magazine 2016-2019, Listed in New York Metro for Intellectual Property Litigation.

  • Global Trading and Investment Company: Represented client in obtaining dismissal of an action asserting wrongful termination of branded product distribution agreement, breach of fiduciary duty, tortious interference and misappropriation of trade secrets. Epic Sports International, Inc. v. Samsung C&T America et. al., 2012 WL 5947826 (Sup. Ct. New York County Nov. 26, 2012).
  • Apparel Manufacturer: Represented client in securing summary judgment in a case concerning termination of license agreement. Woodland Designs PLC v. Nautica Apparel, Inc., 2012 WL 426518 (S.D.N.Y. Feb. 10, 2012).
  • Start-up Company: Represented client in securing assignment of third party’s infringing domain name. Managed By Q Inc. v. XL Liu, Case No. D2016-1857 (World Intellectual Property Organization).
  • Licensor of Intellectual Property: Represented client in action concerning licenses for the use of the classic literary property “Babar” in connection with television, motion pictures and merchandise. The Clifford Ross Company v. Nelvana, Ltd., 710 F. Supp. 517 (S.D.N.Y. 1989), aff'd., 883 F.2d 1022 (2d Cir. 1989) (Cited by Nimmer on Copyrights, §6.10(b), (2000)).
  • Breach of Distribution Agreement: Represented client regarding footwear distribution agreement and commercial loan transaction. See Diesel Props S.r.l. et. al. v. Greystone Business Credit II LLC, et. al., 631 F.3d 42 (2d Cir. 2011).
  • Contract Dispute: Represented client in dismissing breach of contract action brought by an inventory company involving unique account stated defense. Hart Systems, Inc. v. Tommy Hilfiger Retail, Inc., 2007 WL 4978144 (Sup. Ct. Nassau County Dec. 31, 2007).
  • Trademark Infringement: Represented client in trademark action involving use of the mark "Glow" by celebrity in connection with licensed products. Glow Industries, Inc. v. Jennifer Lopez, Coty, Inc. and Sweetface Fashion Company, LLC, 273 F. Supp.2d 1095 (C.D. Cal 2003).
  • Law Firm Malpractice: Represented client in securing dismissal of each and every cause of action in complaint, including attorney malpractice claim. Argyle Capitol Corp. v. Lowenthal, Landau et. al., 261 A.D.2d 282, 690 N.Y.S.2d 256 (1st Dept. 1999).
  • Employment Discrimination: Represented Liberty Lines Transit, Inc. in case involving age discrimination, defamation and hostile work environment. Terranova, et. al. v. Liberty Lines Transit, Inc., et. al. 292 A.D. 2d 441 (2nd Dep't 2002).
  • Artist/Management Dispute: Represented client in claims against his former manager. William M. Joel v. Francis X. Weber (see, In re Weber, 118 B.R. 441 (E.D. Va. 1990)).
  • Artist/Management Dispute: Represented client in case involving musical artist's claims against her management company. Ashlee Nicole DeLoach v. Just-In-Time Entertainment, Inc., 02 Civ. 106521 (Sup. Ct., N.Y. Co. 2000).
  • First Amendment: Represented client in case involving First Amendment issues with respect to criminal charges against Globe Communications, Inc., publisher of The Globe, relating to its coverage of the rape allegations against William Kennedy Smith. The State of Florida v. Globe Communications Corp., 622 So.2d 1066 (Fl. App. 1993).
  • New York
  • United States Supreme Court
  • United States District Courts for the Southern and Eastern Districts of New York
  • United States District Court, Eastern District of Wisconsin
  • J.D., Georgetown University Law Center
  • B.A., State University of New York at Albany, Political Science and Psychology, summa cum laude
  • Akerman LLP (Partner)
  • Olshan Grundman (of counsel)
  • Gursky & Partners, LLP (of counsel)
  • Sonneschein Nath & Rosenthal (of counsel)
  • Gold Farrell & Marks, LLP (Partner)
Areas of Experience

Intellectual Property Litigation
Litigation
Commercial Disputes
Construction Litigation and Dispute Resolution
Copyrights
Entertainment
Intellectual Property
Intellectual Property Licensing
Internet Law
Real Estate Acquisitions and Sales
Real Estate Litigation
Securities Litigation
Trade Secrets, Restrictive Covenants, and Unfair
Competition
Trademarks
Real Estate and Construction
Financial Services

Published Works and Lectures

Marks, Works & Secrets Blog, Past Editor

ALM-Akerman Intellectual Property Protection Forum, Moderator, "Protecting Your Trade Secrets: Identifying, Preserving, and Enforcing Your Hidden Intellectual Property," October 2015

Aereo: Another View, Intellectual Property & Technology Law Journal, December 2014, Vol. 26, No. 12

Applying For A U.S. Trademark Registration: Punctuation Matters(?), Intellectual Property Today, March 2013, Vol. 20, No. 3

Will the COVID-19 Pandemic Impact Your Ability to Secure an “Incontestable” Trademark?

Second Circuit Further Clarified DMCA Safe Harbors in Vimeo (July 7, 2016)