Lloyd Jan Jassin

Lloyd Jan Jassin

Publishing and entertainment law
  • Intellectual Property, Entertainment & Sports Law, Trademarks ...
  • New Jersey, New York
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Biography

My focus is on publishing and entertainment transactions. I counsel authors, agents, composers, literary estates, publishing professionals, publishers and other businesses and individuals on copyright, licensing, fair use, defamation, privacy, and trademark related matters. I also review or "vet" manuscripts for media perils such as libel. Before becoming an attorney I was Director of Publicity for Prentice Hall Press and the Simon & Schuster General Reference Group. Prior to forming my firm, I was a trademark associate with Cowan, Liebowitz & Latman in NYC. Clients gain access to all of the knowledge, counsel, and advocacy that my firm can provide. I'm co-author of The Copyright Permission & Libel Handbook (John Wiley & Sons). A graduate of Benjamin N. Cardozo School of Law, I'm admitted in New York and New Jersey. Memberships include the Trademark & Unfair Competition Committee of the Bar of the City of New York and The Authors Guild. Contact: jassin@copylaw.com Tel: (212) 354-4442 ATTY ADV

Practice Areas
Intellectual Property
Entertainment & Sports Law
Trademarks
Trademark Litigation, Trademark Registration
Communications & Internet Law
Internet Law, Media & Advertising, Telecommunications Law
Additional Practice Area
  • Publishing Law
Fees
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
New Jersey
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New York
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Languages
  • English: Spoken, Written
  • Spanish: Written
Professional Experience
Partner
Law Offices of Lloyd J. Jassin
- Current
Education
Benjamin N. Cardozo School of Law
J.D. (1991)
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Professional Associations
Association of the Bar of the City of New York
Member
- Current
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New York State Bar  # 2432136
Member
- Current
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New York Center for Independent Publishing
Chair, Executive Committee
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Speaking Engagements
Celebrity Lessons & Estate Planning: Copyright Termination, National Estate Planning & Legacy Week, Webinar
Dramatists Guild
The Real Person in Your Play, Webinar
Dramatists Guild
On April 16, at 4pm EST, Ralph Sevush will join attorney Lloyd Jassin to answer all of your questions about putting a real person in your play.
Representing Writers, Designers, Artists, Musicians and More: Getting the Best Results For New Jersey’s Finest Creative Minds, Continuing Legal Education Program, New Jersey Law Center
NJ State Bar
• Common legal pitfalls experienced by creative minds • Successfully negotiating contracts for creative endeavors • Recording agreements from the artist’s perspective • Understanding publishing deals for art, writing, and music • Terminating copyright assignments/licenses under Sections 203 & 304 of the Copyright Act • Agents and managers: how to structure deals and negotiate contracts • Deal making
Book Publishing Contracts, Continuing Legal Education Program, Philadelphia, PA
PBI: Philadelphia Bar Association
CLE program. Additional speakers include: Steve Gordon, Esq., Peter M. Thall, Esq., and S. Jean Ward, Esq., Kirk Schroder, Esq.
2013: YEAR OF THE TERMINATION?, Continuing Legal Education Program, Woodcock Washburn LLP, Cira Centre, Philadelphia, PA
The Copyright Society
2013 is the first year that terminations under section 203 of the Copyright Act take effect. Many have predicted that the section 203 terminations will create an additional layer of disruption in the publishing and music industries, which are already struggling with significant technological, consumer, and piracy-driven disruptions. Our panel will discuss whether the termination right is understood and being used by authors; whether re-negotiations are yielding better contract deals for aut
Copyright, Intellectual Property Rights, and Licensing Issues in the Digital Era, Tools of Change for Publishing | Feb. 14-16, 2011 • New York, NY, New York City
O'Reilly TOC Conference
Panel participant examining digital’s effects on rights and licensing issues from the perspectives of legacy publishers and startups.
Book Publishing in Transition, Symposium
Publishers Weekly & Book Industry Study Group
The frightened subject of ebook rights and royalties, the the future of print and book and mortar bookstores.
Getting Published: What Agent and Editors Are Looking for Now, Conference, General Society of Mechanics and Tradesmen
Small Press Center (SPC)
Moderator: Top editors and literary agents offer advice and tips on how to get published in the competitive market of 2004.
Publishing Law: Recent Developments (CLE), Conference, NYU
Publishers Weekly & New York University
Publishers Weekly and New York University will present a one-day continuing legal education seminar covering emerging trends in publishing law. The seminar is being taught through NYU's Law and Taxation division and will provide a broad overview of recent legal developments affecting the publishing industry, focusing on the specific practices and procedures of publishers, authors and editors.
Websites & Blogs
Website
Website
Blog
Copylaw
Legal Answers
1 Questions Answered
Q. I'm writing a book which is called "The Tinder Killer", is it legal to use the word "Tinder" in the title and the logo?
A: Fortunately, the First Amendment states that there shall be “no law” restricting freedom of speech or the press. The fair use doctrine allows the use of a trademark when it is used in a way not to deceive the public. For example, it is a fair use to use a trademark in the title of a literary work if done in “fairly and in good faith” to convey a message about what the work is about, provided you don’t suggest that the work is approved or endorsed by the trademark holder.

To qualify as a fair use, courts consider the following three factors:

1. Whether the product is “readily identifiable” without the use of the mark

2. Whether more of the mark was used than is necessary

3. Whether the use falsely suggests the work is sponsored or endorsed by the

trademark owner

Avoid using the same distinctive lettering style, font, color scheme, or other visual cues in a way that is likely to cause confusion. And while it’s not necessary to expressly disavow association with the trademark owner, the prominent use of disclaimers may negate an incorrect assumption there’s an association with the trademark owner.

In the realm of book titles, the use of trademarks has been a complex and evolving area of law, influenced by both trademark and unfair competition principles and the protections afforded by the First Amendment. For nearly four decades, the so-called Rogers test has been used by media companies and publishers to clear titles that included a person’s name or a third-party trademark. This test recognized the legitimate interest of authors and other creators in selecting appropriate titles and protected free speech rights when a trademark or person's name had “artistic relevance to the underlying work” and does not explicitly mislead consumers as to the source of the work.

To succeed, a plaintiff must assert that there is no artistic relevance and demonstrate that the use of the name or likeness would confuse consumers into believing that the celebrity or trademark owner was somehow involved with the creative work. Further, they must have explicitly attempted to deceive consumers into purchasing something they believed was authorized by them.

Under Rogers, weak right of publicity and trademark claims against authors and other creators are typically thrown out quickly. However, a recent U.S. Supreme Court decision has questioned the legal underpinnings of the Roger Test.

Because the “explicitly misleading” test sets a high bar, which requires a misstatement to be obvious and express, in June 2023, in their Jack Daniel's Properties, Inc. v. VIP Products LLC decision, the Supreme Court expressed concern that “few trademark cases would ever get to the likelihood-of-confusion analysis” if the Rogers Test is applied. While the Supreme Court left the Rogers two-part test that balances free speech with false endorsement claims intact, the likely result of the decision is that Rogers will be challenged by brand owners – with the cost born at the expense of the public’s interest in free expression under the First Amendment.
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Contact & Map
Law Offices of Lloyd J. Jassin
The Paramount Bldg
1501 Broadway, FL 12
New York,, NY 10036
Telephone: (212) 354-4442