Trademark and copyright litigator Mark Puzella protects some of the world’s most powerful brands and emerging technologies. Clients rely on his ability to anticipate and resolve problems before they arise, whether developing comprehensive strategies to avoid litigation where possible, or succeeding in litigation when necessary. With Mark standing guard, clients can focus on what matters – growing their business.

Mark’s gift for handling accelerated, complex cases earned him Law360’s most significant trademark win of 2016. As lead counsel for New Balance, Mark won a swift six-month International Trade Commission (ITC) investigation concerning claims of trade dress infringement. The ITC ruled in favor of his client, finding that the plaintiff had no rights in the claimed design. As lead plaintiff counsel for Explorica in a trademark case, he won a jury verdict just ten weeks after filing the complaint. During that short span, the parties engaged in complete discovery, including taking and defending numerous fact and expert depositions.

He is also skilled at explaining complex concepts and technology to judges and juries in a persuasive, intelligible style. In the high-profile Supreme Court case ABC v. Aereo, he led the trial and appellate team’s presentation of the key technology. That presentation was the basis of the trial court’s denial of a preliminary injunction, and the Second Circuit’s affirmance of that decision.

Mark draws upon that technical aptitude to anticipate legal issues concerning emerging technology. For example, Mark has advised and litigated matters on behalf of tech and media companies, as those industries converge over the creation and delivery of content. He also helps early-stage start-ups grow by ensuring his clients’ products withstand investor and competitor scrutiny.

Mark’s exceptional record has earned him praise as a problem solver from client and peer surveys. World Trademark Review 1000 has called him “intelligent, thoughtful and client-oriented” and “incredibly impressive.” Legal 500 has described him as a “smart, creative” trial lawyer who “anticipates everything.” And in 2016, IP Law360 named two of his cases among the top ten trademark decisions of the year. However, Mark’s greatest accomplishment lies with his client relationships. At every turn, in every case, Mark’s clients know their problems are his problems, their success is his success.

  • The World Trademark Review WTR 1000, a peer and client surveyed listing, has identified Mark as a leading practitioner for trademark litigation eight years in a row (2011-2018). WTR 1000 has characterized Mark’s work as “incredibly impressive” and further praised him as “highly recommended” for court room work. Clients turn to Mark because he is “intelligent, thoughtful and client-oriented” and one who can “expertly parse through substantial volumes of information to quickly identify the crux of the matter.” In 2015, both Mark and litigator David Hosp were identified as a “force to be reckoned with” and Mark won “plaudits for his narrative skills before a jury, thanks to his instincts for the best way to present a case.” Most recently, the 2018 edition of WTR 1000 acknowledged him as a “truly superb” and “first-class” practitioner. He and David Hosp were praised by their clients for being “far and away the most knowledgeable, hard-working and talented attorneys [they] have ever encountered.”

    The Legal 500, another peer and client surveyed listing, has also repeatedly identified Mark as a leading trademark litigator. He is identified as a “notable practitioner” who is “smart, creative, and anticipate[s] everything.” He “has a quick grasp on trademark law and procedure” and “can be the ‘brains’ behind a team effort.” Most recently, in 2016, he was praised for his “extensive experience” in trademark litigation.

    Mark is also recognized as an “IP Star” by Managing Intellectual Property magazine (2014, 2015, 2016, 2017, 2018), a Massachusetts and New England Super Lawyer “Rising Star” by Law & Politics and Boston Magazine (2006-2008; 2011), and listed in the 2019 “The Best Lawyer’s in America” List by Best Lawyers.

  • Mr. Puzella has advised clients in all phases of litigation, from the preliminary injunction stage through trial and appeal. Recent work includes representing:

    • One of the world’s largest retailers in the prosecution and defense of trademark and unfair competition claims in various federal courts.
    • New Balance in a purported class action concerning “Made in the USA” marketing.
    • New Balance in an ITC investigation concerning trade dress infringement claims related to certain Converse footwear.
    • Samsung in a trademark infringement litigation related to its use of MILK in connection with a streaming music application.
    • Microsoft in a copyright litigation brought by Getty Images concerning the Bing Image Widget.
    • Aereo, a provider of remote antenna and RS-DVR technology platform, in multi-district copyright litigation brought by the major television networks alleging violation of their “public performance” rights. 
    • Monotype Imaging, Linotype, International Typeface Corporation, and Bitstream in connection with trademark and copyright issues, including royalty disputes with licensees of their font software.
    • Houghton Mifflin Harcourt and The Learning Company in successfully obtaining preliminary court orders prohibiting Zynga from using the iconic mark OREGON TRAIL in connection with the planned launch of a computer game.
    • The New York Times and the Boston Globe in copyright and trademark litigation concerning the use of third-party ledes and hyperlinks.
    • Explorica, Inc., a market leader in educational travel, in several matters, including as lead counsel in a trademark infringement trial against a competitor that rebranded as EXPLORITAS. After a five day trial the jury returned a verdict in favor of Explorica and the court issued a permanent injunction.