Mark Lafayette’s broad experience includes commercial litigation, catastrophic personal injury litigation, real estate litigation, intellectual property litigation, and entertainment litigation. He has extensive knowledge of real estate, hospitality, contracts, business and bodily injury torts and intellectual property.Mr. Lafayette’s client base has included Fortune 500 companies, owners and lessees of real estate, owners and managers of hotels, insurance companies, entertainers, investors, authors, music publishers, entrepreneurs, and new technology ventures. Mr. Lafayette has served as approved counsel to represent major insurance companies and/or their insureds in matters related to contracts, business and bodily injury torts, disability, life, intellectual property, employment, and media.
In addition to his litigation practice, Lafayette has represented clients in real estate transactions, including those involving the purchase and sale of office buildings, condominiums, cooperative apartments, residential property, and the lease of real property for various uses and has also advised clients on trademark and copyright registration and protection, as well as advertising matters.
Notable Decisions/Results
Secured dismissal of claim for brokerage commission against property owner. See Vasilios Vasiliu v. Chaim “Harry” Miller, Xi Hui Wu A/K/A Steven Wu, 3 Mitchell Place Loft LLC, Beekman Towers LLC, And Beekman Towers Holdings, LLC, 2018 N.Y. Slip Op. 32487 (N.Y. Sup. Ct. 2018).
Obtained 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).
Secured 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).
Represented owner of digital music service in copyright infringement action. Secured new precedent holding that separate owners of copyright of sound recording and musical composition were required to share a single a single statutory damages award. Capitol Records, Inc. v. MP3Tunes, LLC, 28 F.Supp.3d 180 (S.D.N.Y. 2014).
Published Works
• Aereo: Another View, Intellectual Property & Technology Law Journal, December 2014, Vol. 26, No. 12.
• Applying For A U.S. Trademark Registration: Punctuation Mat-ters(?), Intellectual Property Today, March 2013, Vol. 20, No. 3
• Will the COVID-19 Pandemic Impact Your Ability to Secure an “Incontestable” Trademark? Marks Works & Secrets, April 10, 2020.
• Supreme Court Holds Ban on Immoral or Scandalous Trademarks Unconstitutional. Marks Works & Secrets, June 30, 2019.
Awards and Honors
• New York Super Lawyers, 2016 - current
