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Background

Mark is a Principal and trial lawyer in the Boston office of Fish & Richardson, where he specializes in trademark, copyright and media litigation.  He has spent his career helping safeguard some of the most recognizable brands in the world as well as assisting start-up and established technology companies develop comprehensive strategies to avoid litigation where possible, and to succeed in litigation when necessary.​

Mark is highly skilled and experienced in conducting accelerated cases.  Most recently he was lead defense counsel for New Balance in a fast-moving 6 month ITC investigation concerning claims of trade dress infringement related to the design of athletic footwear. He also was lead plaintiff counsel for Explorica in a trademark case he tried to a successful jury verdict just 10 weeks after filing the complaint.  During that short span, the parties engaged in complete discovery, including taking and defending numerous fact and expert depositions.

Mark stands out from most attorneys because of his ability to understand and internalize new and complex concepts and technology, and present them to a judge or a jury in a way that is persuasive and easy to grasp.  For example, he led the trial and appellate team’s successful presentation of the key technology on behalf of defendant Aereo in ABC v. Aereo, a widely publicized copyright case recently argued before the United States Supreme Court.  The presentation of that technology was the basis of the trial court’s denial of a preliminary injunction, and the Second Circuit’s affirmance of that decision.

He has successfully represented numerous high-profile clients in significant trademark and copyright matters, including representing Houghton Mifflin Harcourt and The Learning Company in litigation against Zynga, where he obtained preliminary and permanent court orders preventing Zynga from using the famous OREGON TRAIL mark in connection with the planned launch of computer games. Other recent clients include: Microsoft, Samsung, Massachusetts Institute of Technology, and Monotype Imaging.

His exceptional record of success has earned him praise as a problem solver from client and peer surveys.  WTR 1000 has called him “intelligent, thoughtful and client-oriented,” and noted that he has a singular ability to “parse through substantial volumes of information to quickly identify the crux of the matter.”  Legal 500 has described him as a “smart, creative” trial lawyer who “anticipates everything.”​

Education

J.D., Northeastern University School of Law 1999


B.A., Wesleyan University 1994

Admissions

  • Massachusetts 1999
  • Supreme Court of the United States
  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. District Court for the Western District of Michigan
  • U.S. District Court for the Northern District of New York

Memberships & Affiliations

​Member of the International Trademark Association; Media Law Resource Center; Massachusetts Bar Association; Boston Bar Association; and American Bar Association.

Other Distinctions

The World Trademark Review WTR 1000, a peer and client surveyed listing, has identified Mark as a leading practitioner for trademark litigation six years in a row (2011-2016). In 2011, WTR 1000 characterized his work as “incredibly impressive” and further praised Mark as “highly recommended” for court room work. The 2013 edition noted that clients turn to him 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 the 2015 edition, Mark and litigator David Hosp were identified as a “force to be reckoned with.” Most recently, the 2016 edition stated that Mark won “plaudits for his narrative skills before a jury, thanks to his instincts for the best way to present a case.”

The Legal 500, another peer and client surveyed listing, identified Mr. Puzella in 2011 as a “notable practitioner” who is “smart, creative, and anticipate[s] everything.” In 2012, The Legal 500 reported that he “has a quick grasp on trademark law and procedure” and “can be the ‘brains’ behind a team effort.” 

Mark was also recognized as an “IP Star” by Managing Intellectual Property magazine (2014, 2015, 2016), and a Massachusetts and New England Super Lawyer “Rising Star” by Law & Politics and Boston Magazine (2006-2008; 2011).​​

Speaking​ Engagements

World Trademark Review – Trademark Litigation 2016: Practical Strategies​, (April 21, 2016).​

"Trademark Law Update in the US: An In-Depth Review of Case Law and TTAB Decision," McCarthy, Microsoft, and INTA Symposium, Trademark Law and Its Challenges (September 26, 2015).

"Trademark & Copyright Year in Review," Fish webinar (January 7, 2015).

"Investigation and Enforcement Strategies to Counter Evolving Threats to Your Brand and Product," Consero Brand Protection & Anti-Counterfeiting Executive Roundtable (July 25, 2014).

"IP by Design: Protecting Unique Products Using Trade Dress, Patent, and Copyright Law," Fish webinar (June 4, 2014).

SXSW Interactive 2014​ – Intellectual Property IQ: A Workshop For Artists, Developers, And Entrepreneurs, March 11, 2014.

Experience

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What's trending with Mark

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News
June 26, 2015
Best Practice in Trademark Litigation
Articles
News
June 22, 2015
Fish & Richardson Receives Top Tier 1 National Rankings in Patent Prosecution and Patent Litigation from The Legal 500
Press Releases
News
January 29, 2015
Fish & Richardson Named Top Trademark Law Firm for Fifth Straight Year by World Trademark Review
Press Releases
Blog
December 3, 2014
Will Trademark Infringement Suits Become More Common at the ITC?
Author: Mark S. Puzella
Blog
Blog
August 1, 2014
Information v. Intelligence—Providing Actionable Instructions to Trademark Investigators
Authors: Lisa Greenwald-Swire, Mark S. Puzella
Blog
News
August 1, 2014
Information v. Intelligence – Providing Actionable Instructions to Trademark Investigators
Articles
News
July 22, 2014
Fish & Richardson Receives Top Tier 1 National Rankings in Patent Prosecution and Patent Litigation from The Legal 500; Wins 2014 IP Boutique Law Firm Award
Press Releases
News
July 8, 2014
Fish Announces 39 Attorneys Named “IP Stars” by Managing Intellectual Property Magazine
Press Releases
News
June 16, 2014
Attys React To High Court's Pom v. Coke Lanham Act Ruling
Media Coverage
Blog
June 12, 2014
Supreme Court–Lanham Act Claims Not Preempted by FDCA Labeling Requirements
Author: Mark S. Puzella
Blog
Blog
March 27, 2014
Supreme Court Issues Decision in Lanham Act False Advertising Case
Author: Mark S. Puzella
Blog
News
February 4, 2014
Fish Named Top Trademark Law Firm for Fourth Straight Year by World Trademark Review
Press Releases
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