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Mark S. Puzella

Principal


617-368-2133
  •  
 

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 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. 

Mark also is highly skilled and experienced in conducting accelerated cases.  He was lead trial counsel for the plaintiff in Explorica v. Elderhostel, 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.  He has successfully represented numerous high-profile clients in significant copyright and trademark 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 high-profile matters include representing The New York Times and the Boston Globe (copyright and trademark litigation); Monotype Imaging and Bitstream (copyright and trademark litigation), and New Balance and Warrior Sports (trademark and trade dress litigation). 

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.”

Admissions

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

Memberships and 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 Mr. Puzella as a leading practitioner for trademark enforcement and litigation four years in a row (2011-2014). In 2011, WTR 1000 characterized Mr. Puzella’s litigation work as “incredibly impressive” and further praised Mr. Puzella as “highly recommended” for court room work. Recently, the 2013 edition noted that clients turn to Mr. Puzella 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 2011, The Legal 500, another peer and client surveyed listing, identified Mr. Puzella as a “notable practitioner” who is “smart, creative, and anticipate[s] everything.” In 2012, Legal 500 reported that he “has a quick grasp on trademark law and procedure” and “can be the ‘brains’ behind a team effort.”

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

Speaking Engagements

"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.

Education

  • BA, Wesleyan University 1994
  • JD, Northeastern University School of Law 1999