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Mark S. Puzella

Partner

Boston

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.

As a trial lawyer, Mark excels at handling accelerated, complex cases. For example, as lead counsel for New Balance, Mark won a swift six-month International Trade Commission (ITC) investigation concerning claims of trade dress infringement. And, 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. Clients routinely ask him to take over matters at the close of discovery, prior to trial, or on remand, which presents unique challenges and time constraints.

He is also skilled at explaining complex concepts and technology to judges and juries in a persuasive, intelligible style. For example, 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 his litigation experience to help clients anticipate and avoid legal issues related to new technologies and brands. Mark has advised numerous technology and media companies on the creation, use, and delivery of content and helped clients assess whether their products will withstand investor and competitor scrutiny. He also has significant experience advising on branding and re-branding projects, including private brand or store brand clearance and risk assessments.

Mark’s exceptional record has earned him praise as a problem solver from client and peer surveys. Most recently, Chambers USA described him as "extremely skilled and effective." World Trademark Review 1000 has called him “intelligent, thoughtful and client-oriented” and “incredibly impressive.” The 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.

  • The World Trademark Review WTR 1000, a peer and client surveyed listing, has identified Mark as a leading practitioner ranked Nationally and in Massachusetts for trademark litigation twelve years in a row (2011-2022). In 2015, Mark was identified as a “force to be reckoned with” and won “plaudits for his narrative skills before a jury, thanks to his instincts for the best way to present a case.” The 2018 edition acknowledged him as a “truly superb” and “first-class” practitioner. More recently, he and fellow Orrick partner 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 "an extremely strong trademark litigator" who is "smart and thorough." He “has a quick grasp on trademark law and procedure” and “can be the ‘brains’ behind a team effort.” 

    Mark is also recognized by Chambers USA, noted as an “IP Star” by Managing Intellectual Property magazine, listed in the “The Best Lawyer’s in America” List by Best Lawyers, included in the “IP Strategy 300” by IAM, and identified by the World Trademark Review as a “Global Leader,” which recognizes the “best of the best” among the WTR 1000.

  • Mark’s work includes representing:

    • The world’s largest retailer in product clearance matters and in the prosecution and defense of trademark and unfair competition claims at trial and on appeal nationwide.
    • Loeffler Randall and a national retailer respondent in an ITC investigation concerning trade dress claims related to Crocs footwear.
    • New Balance and its affiliates in trademark and trade dress litigations and ITC investigations adverse to numerous entities, including Golden Goose, Karl Lagerfeld, Steve Madden, Converse, Vision Streetwear, and Nautica, among others.
    • Polar Beverages in a trademark and licensing litigation against Circle K regarding its use of POLAR POP.
    • House Industries in a font software licensing litigation adverse to Rite Aid concerning its unauthorized use of the Neutraface font in its rebranding. 
    • Williams Sonoma in design patent and false advertising claims adverse to Wayfair concerning furniture designs.
    • Pegasystems in a false advertising and defamation litigation against Appian.
    • Instacart in a copyright infringement, DMCA, and CFAA case against Cornershop concerning its scraping of Instacart’s product image library.
    • Mahindra & Mahindra in an ITC investigation and companion district court action concerning trademark and trade dress claims brought by FCA US LLC related to the Jeep Wrangler.
    • Locast, an over-the-air broadcast platform, in copyright litigation brought by the major television networks.
    • New Balance in purported multi-state class actions concerning “Made in the USA” marketing.
    • Williams Sonoma in trade dress claims adverse to Nespresso concerning coffee pod designs.
    • Sazerac, a leading spirits company, in various trademark and trade dress matters.
    • Samsung in a trademark 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.
    • RTIC in trademark and trade dress litigations brought by Yeti concerning coolers and drinkware.
    • Aereo, a remote antenna and RS-DVR technology platform provider, in multi-district copyright litigation brought by the major television networks.
    • Monotype Imaging, Linotype, International Typeface Corporation, and Bitstream in connection with trademark and copyright issues, including royalty disputes with licensees of their font software.
    • Cabelvision in copyright litigation concerning its RS-DVR technology brought by the major television networks.
    • Houghton Mifflin Harcourt and The Learning Company in trademark litigation concerning the mark OREGON TRAIL in connection with video games.
    • The New York Times and the Boston Globe in copyright and trademark litigation concerning the use of third-party ledes and hyperlinks.
    • Salvator Mundi LLC, the owners of a “lost” DaVinci painting, concerning copyright claims related to photographs of the restored work.
    • 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.