Gene Markin is a Shareholder in Stark & Stark’s Complex Commercial, Intellectual Property, and Cannabis Litigation Groups where he concentrates his practice on complex litigation matters involving copyright protection and infringement, trademark and trade dress infringement and enforcement, trade secret litigation, false advertising, domain name disputes, unfair competition, class actions, fraud and consumer fraud, shareholder and partner disputes, breach of contract, cannabis business disputes, cannabis intellectual property matters, cannabis insurance coverage claims, cannabis regulatory compliance, RICO actions, and state licensing agency appeals .
Mr. Markin represents individuals and businesses in all aspects of intellectual property litigation in federal district courts, appellate courts, and state courts. Mr. Markin also represents trademark owners and challengers in trademark opposition and cancellation proceedings before the U.S. Trademark Trial and Appeal Board (TTAB) as well as in domain name disputes in Internet Corporation for Assigned Names and Numbers (ICANN) Uniform Dispute Resolution Policy (UDRP) Complaints before the World Intellectual Property Organization (WIPO) and in other country-specific proceedings.
In addition, Mr. Markin’s business background and entrepreneurial spirit has propelled his involvement with the burgeoning cannabis and hemp industries. In this space, he counsels plant-touching and ancillary businesses and individuals, including growers, cultivators, processors, distributors, dispensaries, infused-product manufacturers, suppliers, investors, and shareholders in a wide variety of legal matters ranging from intellectual property development and protection to issues pertaining to liability exposure, tax, banking, licensure, regulatory compliance, and insurance. Mr. Markin is a member of the New Jersey State Bar Association Cannabis Committee, the National Cannabis Bar Association, the New Jersey CannaBusiness Association, and the New Jersey Cannabis Industry Association.
He also has extensive experience litigating multi-million dollar construction defect cases involving faulty workmanship and negligent installation of exterior building envelope components. Successfully prosecuting and defending claims arising out of negligent construction, breaches of fiduciary duty by sponsor-appointed board members, violations of the New Jersey Condominium Act, the Planned Real Estate Development Full Disclosure Act, the New Jersey Consumer Fraud Act, the Contractor’s Registration Act, and the New Jersey Home Improvement Practice Regulations, Mr. Markin has substantial experience dealing with a multitude of complex insurance issues that arise in litigation, including policy interpretation and analysis, liability coverage disputes, and declaratory judgment actions.
While attending law school, Mr. Markin was a member of the Drexel Law Review as well as the Drexel Law National Trial Team and competed in several competitions across the country. He was also honored with the Philadelphia Trial Lawyers Association James J. Manderino Award for Trial Advocacy.
More Legal and Business Bylines From Gene Markin
- Jack Daniels v. Bad Spaniels: Parody and First Amendment Protections Do Not Shield Users of Expressive Commercial Source-Identifying Marks From Trademark Infringement Liability - (Posted On Wednesday, October 18, 2023)
- Injury v. Discovery: When Copyright Holders Can Recover Damages for Infringement that Occurred More than Three Years Before Discovery of the Infringement - (Posted On Thursday, June 22, 2023)
- The Cannabis Paradox: Clarifying the Confusing Legality of Delta-8, THC-O, THCV, and Synthetically Derived THC - (Posted On Wednesday, March 08, 2023)
- The Limits of Artistic Expression: A Look Behind How MetaBirkin NFTs Infringed on Hermès’ Famous Trademark and Handbag Trade Dress - (Posted On Thursday, February 23, 2023)
- Interstate Cannabis Commerce on the Horizon Thanks to California - (Posted On Friday, February 10, 2023)
- Proprietary Ink: How One Tattoo Artist Took Take-Two to the Mat Over Unauthorized Use of Replica Tattoos on Wrestlers in WWE 2K Games - (Posted On Thursday, February 02, 2023)
- Road to Safe Harbor: Implementation of Repeat Infringer Policy Necessary for DMCA Safe Harbor Protection from Copyright Infringement Liability - (Posted On Friday, January 27, 2023)
- The Fight for Red: Fashion Statement or Protected Trademark? - (Posted On Tuesday, January 24, 2023)
- High Stakes: What to do Now That Your New Jersey Cannabis Business Application Has Been Approved by the CRC - (Posted On Monday, January 23, 2023)
- Franchisor Beware: Registered Trademarks Does Not Mean Impunity from Priority Local Use Challenge - (Posted On Friday, June 17, 2022)
The National Law Review named Gene Markin a National Law Review Go-To Thought Leader for his articles focusing on intellectual property litigation, specifically trademark and copyright infringement and false advertising claims. Covering the technical side and famous names like LeBron James, Drake and Seinfeld, Mr. Markin’s work explains and analyzes complex principles in copyright and trademark law with an entertaining and real-world hook.