Law Offices of Mark H. Barinholtz, P.C.

Background:

Mr. Barinholtz serves as principal in representation and counseling of clients. He has represented clients in litigation before federal and state courts, including courts of appeal, administrative agencies and in arbitration. He is a member of United States District Courts for the Northern District of Illinois, Eastern Division, and the Northern District of Indiana, Hammond Division. He is also a member of the Seventh Circuit Court of Appeals and the United States Supreme Court.

Mr. Barinholtz is a member of the American Bar Association (Litigation and Intellectual Property Law Sections, and Forum on the Entertainment and Sports Industries) and the Chicago Bar Association. He is admitted to practice in Illinois, New York and the District of Columbia.

Mr. Barinholtz was born in 1946. He received his Bachelor of Arts from the University of Wisconsin, Madison. He received his Juris Doctor from Loyola University of Chicago.

Areas of Practice:

Litigation:

Representation and counsel is provided to litigants in civil litigation pertaining to arts, entertainment and media subject matters. Controversies have included copyright infringement and copyright ownership disputes. Related areas include, trademarks and unfair competition, deceptive trade practices, trade secrets, media and First Amendment concerns, rights of publicity, defamation and invasion of privacy, and online content and other Internet related problems.

Some examples of the kinds of clients and matters represented are:

Web site design firm in prosecution of copyright infringement claim against former client concerning online work and content.

Local newspaper and its editor in defense of claims of copyright infringement and trade secrets misappropriation made by government entity.

Internationally known stock photography firm in prosecution of various arbitration and litigation matters pertaining to copyright infringement and lost property issues.

Literary agency in defense of claim by deceased author's heir to terminate ongoing commission arrangement.

Centerfold celebrity in prosecution of claims for infringement of her rights of publicity against swimwear catalog, and manufacturer of trading cards.

Nationally syndicated cartoonist in prosecution of claims for copyright infringement and unfair competition against major distributors of greeting cards, and sportswear.

Gospel music composer in prosecution of claims for copyright infringement and unfair competition against gospel performer and record production company.

Author of book in defense of claim by another author that footnote references attributing source, and other contributions, constituted copyright infringement.

Photographer's heir in prosecution of claim for copyright infringement against U.S. Postal Service arising out of unauthorized use of photographic image on a postage stamp.

Selected reported cases:

Schrock v. Learning Curve Int'l, et al.
586 F.3d 513 (7th Cir. 2009), U.S. Court of Appeals established copyright law principles for derivative works, (i) there is no heightened standard of originality, and (ii) copyright ownership in authorized derivative work vests automatically in the author, ie. no need to obtain permission to register the copyright. Seventh Circuit reverses district court's dismissal, and remands case to trial court.

Bryant v. Mach1, LLC, et al.
503 F.Supp.2d 1062 (N.D.Ill. 2007), upon jury's verdict finding copyright infringement, court entered permanent injunction and impoundment order against Web based publisher barring further infringement of photographer's copyrights in military parachutist and sniper team images, and ordering turnover of infringing articles and digital image computer files.

Natkin v. Winfrey, et al.
111 F.Supp.2d 1003 (N.D.Ill. 2000), 56 USPQ2d 1594, established highly skilled, professional live-event photographers as owners of copyrights in photographs taken of nationally syndicated television show and its featured performer.

Boese v. Paramount Pictures Corporation, et al.
(i) 952 F.Supp. 550 (N.D.Ill. 1996), established triable cause of action for false light invasion of privacy arising out of courtroom video and other matter incorporated into broadcast segment of syndicated television show Hard Copy. (ii) 23 Media L. Rep. (BNA) 1084 (N.D.Ill. 1994), established personal jurisdiction over out-of-state defendant in defamation action.

Leveyfilm, Inc. v. Cosmopolitan Bank & Trust, et al.
653 N.E.2d 875, 274 Ill.App.3d 348 (1st Dist. 1995), established right of action for repairs and improvements by film studio lessee against commercial landlord. Case of first impression in Illinois construing term "contractor," under mechanics lien act, to include a lessee who furnishes services and materials.

Business Transactions:

Representation and counsel is also provided to clients with regard to daily business activities and other forms of dispute resolution primarily involving contract matters.

Some examples of the kinds of clients and matters represented are:

Writer and director in negotiations of theatrical feature film contracts with major motion picture studios.

Regional health associations in negotiations with national association pertaining to disputed trademark and copyright in leading industry guidebook.

Auteur filmmaker in funding and producing small independent theatrical feature film.

Nationally syndicated cartoonist in negotiation of book publishing contract.

Clothing designer in sale of trademark and domain name.