Protecting Brand Recognition During the COVID-19 Crisis: MarketWatch Guidance From Partners Caroline Simons and Mark Puzella

MarketWatch
May.11.2020

In this article for MarketWatch, Orrick partners Caroline Simons and Mark Puzella analyze the approach businesses should take to maintain and protect their brand strategies amid the challenges of the COVID-19 crisis.

Caroline and Mark, members of our IP Litigation Practice, warn companies against the temptation to indiscriminately slash ad and marketing budgets because it may risk diminishing brand recognition in a way that can backfire once the economy recovers.

"If companies no longer protect, define and promote their brands, they could emerge on the other side of the pandemic with significantly weaker brand values,"Caroline and Mark wrote.

Authors

Caroline Simons Partner, Cyber, Privacy & Data Innovation, Intellectual Property

Boston; New York Office

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D:+1 617 880 1885
E: [email protected]

Practice:

Cyber, Privacy & Data Innovation
Intellectual Property
Trade Secrets Litigation
Strategic Advisory & Government Enforcement (SAGE)

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Caroline Simons Partner

Boston; New York Office

Caroline Simons is a litigator and trial lawyer who defends technology companies in high-stakes litigation, often at the seams where intellectual property and data meet. Her interdisciplinary experience enables her to problem-solve and guide her clients through crises, defend them in high-stakes litigation, and manage enterprise risk strategically, effectively, and efficiently.

Caroline focuses her practice on disputes in the technology space. She has particular experience representing tech and consumer-facing companies in litigation that involves protecting the intellectual property, brand, and reputation of her clients, including litigating and developing strategy around fast-evolving issues such as Section 230 of the Communications Decency Act, trademark and trade dress infringement, cybersecurity and data privacy litigation, and trade secret theft or misappropriation. Caroline also has advised clients in cyber incident response, including crisis management, government and internal investigations, and government enforcement. Her experience gives her breadth of perspective and allows her to work with her clients to make swift and pragmatic decisions to effectively manage their reputational, legal, and financial risks. Clients appreciate Caroline's ability to engage, listen to, and connect with witnesses, company stakeholders, and factfinders -- both inside and outside the courtroom -- to achieve meaningful results.

Mark S. Puzella Partner, Trademark, Copyright & Media, Intellectual Property

Boston

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D:+1 617 880 1896
E: [email protected]

Practice:

Trademark, Copyright & Media
Intellectual Property
U.S. International Trade Commission
Trials

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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.