About

Jeffrey Fabian, principal of Fabian, LLC, has experience in the following types of matters:

Intellectual Property and Domain Names

Trademark clearance, monitoring and enforcement; successfully prosecuting trademark registration applications through adverse USPTO Office Actions; enforcing trademark and domain name rights through cease and desist demands; drafting and negotiating copyright license and assignment agreements; drafting domain name assignment and administration agreements; drafting trademark and certification mark license agreements; and successfully prosecuting copyright registrations with the U.S. Copyright Office.

Contracts and Transactional Matters; Franchising 

Drafting agreements and handling other transactional matters for numerous commercial endeavors in a wide range of industries and areas of law, including: drafting the franchising documents and prosecuting registration applications for start-up franchisors in industries ranging from architecture to children’s fitness; reviewing and negotiating franchise agreements for prospective franchisees; drafting asset purchase agreements and financing documents for the sale of restaurants; drafting membership agreements for a private recreational enterprise; drafting music production agreements; drafting employment and independent contractor agreements.

Media and Entertainment

Drafting and negotiating publishing contracts, recording contracts, talent agreements, band agreements, music engineering contracts, contracts for film production, distribution contracts, and others.

Education and Affiliations:

Jeff Fabian is a graduate with honors of Virginia Tech and the University of Maryland School of Law. Prior to starting Fabian, LLC, Jeff spent four years, first as a law clerk and then as a full-time associate, at a boutique law firm near Baltimore specializing in franchise law and other small business transactions.

Jeff Fabian is an active member of the Publication Committee of the MSBA Intellectual Property Law Section, the Franchise and Distribution Law Committee of the MSBA Business Law Section, the MSBA Entertainment and Sports Law Section, and the MSBA Young Lawyers Section. He is a member of the American Bar Association’s Intellectual Property and Young Lawyer Sections, and Entertainment & Sports Law and Franchising Forums.

Click here to learn more about Fabian, LLC.

Quoted:

• Lady Gaga and Excite in Bad Romance (subscriber access), Managing IP (Sept. 30, 2011).
• How to Legally Protect Your Business, Interview by Melinda Emerson (Nov. 9, 2011).
• When the Parent Company Drags You Down, The Street (Jan. 26, 2012).

Published:

Jeff Fabian has published scholarly articles on trademark use in the Internet context and state franchise relationship laws, and has authored and co-authored numerous articles appearing in various legal, business and industry publications.

• “This Meat Stinks!” – A Primer on Warranties, The Franchisee Voice (AAFD) (Fall 2006).
• U.S. Supreme Court Changes Course on Minimum Resale Price Maintenance, Franchising World, p.59 (Nov. 2007).
• Rescuecom Corp. v. Google, Inc., A Misuse of the Federal Trademark Doctrine of Commercial Use, 3:1 J. Bus. Tech. Law 147 (2008).
• Top 10 Things to Consider for Prospective Franchisees, Opportunity World (2008-2009).
• Qualitative Due Diligence for Prospective Food Franchisees, Opportunity World, p.26 (Mar.-Apr. 2009).
• Purchasing an Existing Franchised Business: Due Diligence, Pitfalls and Protecting Your Investment, Opportunity World, p.68 (Winter 2009).
• General Assembly Bill Reinstates the Per Se Ban on Minimum Resale Price Maintenance in Maryland, MSBA Section of Business Law Newsletter, p.13 (Spring 2010).
• Washington Ruling Raises Area Developer Disclosure Issues, The Franchise Lawyer (ABA) (2010).
• When Does Trademark Licensing Become Franchising?, MSBA IP Section Newsletter (Vol. 2:2010).
• What You Need to Know About the Legal Side of Your Startup, Under30CEO.com (Aug. 18 2010).
• Are You Protecting Your Ideas? Learn How to do it Right!, Under30CEO.com (Aug. 27 2010).
• My Trademark is Registered—So…What Can I Use and What Can I Use it On?, Biznik.com (Sept. 22 2010).
• An Introduction to Trademarks for the Uninitiated Solopreneur, The Solopreneur Life (Oct. 28 2010).
• Mobility, the Home, and the Scope and Application of State Franchise Relationship and Termination Laws, 30:2 Franchise Law Journal 107 (Fall 2010).
• Franchise Relationships 101 – An Overview of the Franchise Disclosure and Negotiation Process, Biznik.com (Dec. 1, 2010).
• Fridays with Fabian Legal Column on 365daysofstartups.com (2010-2011).
• Why You Need a Relationship with a Business Lawyer, Under30CEO.com (Feb. 21 2011).
• Franchise Disclosure Documents for Dummies (multi-part series) on FranchiseHelp.com (2011).
• Cybersquatting: What it is and What You Can Do if Someone Cybersquats on Your Trademark, Biznik.com (May 18, 2011).
• A Fair Use of Nominative Fair Use? Toyota Motor Sales, U.S.A. v. Tabari, Annual Intellectual Property Law Update (MSBA Intellectual Property Law Section), Vol. IV (June 2011).
• Franchises and Business Opportunities: Understanding the Difference, Asia Franchise & Business Opportunities (July – Sept. 2011).
• Trademarks 101, DealUmpire.com (Sept. 27, 2011).
• Four Benefits of a Trademark Monitoring Program, IAFD (www.franchise-info.ca) (Oct. 17, 2011).
• 5 Tips for Young Entrepreneurs Considering Franchises, Yahoo! Small Business Advisor (Oct. 19, 2011).
• What Can a Lawyer Do for Your Online Business, TheFoundersDesk.com (Nov. 10, 2011).
• What Happens to Franchisees when their Franchisor Goes Out of Business?, Franchise Chatter (Nov. 11, 2011).
• 7 Due Diligence Tips for Future Franchisees, The Franchise King (Nov. 15, 2011).
• What Solopreneurs Can Learn from ING’s Failed Trademark Efforts, The Solopreneur Life (Nov. 15, 2011).
• Regular legal column for FranchiseHelp.com (2010-2012).
• Regular legal column for Under30CEO.com (2011-2012).
• Regular legal column for Tech.li (2012).

Jeff’s personal interests include, among other things, rock climbing, photography, videography, guitar, music, soccer, billiards, poker and collegiate athletics.