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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.

Most recently, Mark was lead defense counsel for New Balance in a fast-moving six-month International Trade Commission (ITC) investigation concerning claims of trade dress infringement related to the design of athletic footwear. The ITC ruled in favor of his client, finding that the plaintiff had no rights in the claimed design. IP Law360 selected the matter as the most significant trademark case of 2016.

Mark stands out from most attorneys because of his deep experience conducting accelerated cases. For example, he was lead plaintiff counsel for Explorica in a trademark case he tried to a successful 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 understanding new and complex concepts and technology, and presenting 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 Microsoft, Samsung, Massachusetts Institute of Technology, and Monotype Imaging.

Mark’s exceptional record of success 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 selected two of his cases among the top ten trademark decisions of the year.

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

Industry Recognition

The World Trademark Review WTR 1000, a peer and client surveyed listing, has identified Mark as a leading practitioner for trademark litigation seven years in a row (2011-2017). In 2011, WTR 1000 characterized his work as “incredibly impressive” and further praised Mark as “highly recommended” for court room work. 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.” Both Mark and litigator David Hosp were identified as a “force to be reckoned with” and Mark wins “plaudits for his narrative skills before a jury, thanks to his instincts for the best way to present a case.” Most recently, the 2017 edition praised him as “efficient and effective” and “clearly a subject matter expert at the top of his field.”

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), and a Massachusetts and New England Super Lawyer “Rising Star” by Law & Politics and Boston Magazine (2006-2008; 2011).​​

Speaking​ Engagements

“Empirical issues in Trademark Law,” McCarthy, Microsoft, and INTA Symposium, Trademark Law and Its Challenges (February 17, 2017).

Trademark Litigation 2016: Practical Strategies​,” World Trademark Review (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).

“Intellectual Property IQ: A Workshop For Artists, Developers, And Entrepreneurs,” SXSW Interactive (March 11, 2014).

Experience

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What's trending with Mark

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News
March 29, 2017
Fish & Richardson Wins “Case of the Year” Award and “U.S. Specialty IP Firm of the Year” Award by Managing Intellectual Property
Press Release
News
January 25, 2017
Fish & Richardson Named Top Trademark Law Firm for Seventh Straight Year by World Trademark Review
Press Release
Media Mention
News
December 20, 2016
Trademark Litigation: A Global Guide 2017
Articles
News
June 29, 2016
Fish Receives Top Tier 1 National Rankings in Patent Prosecution and Patent Litigation from The Legal 500
Press Release
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 Release
News
January 29, 2015
Fish & Richardson Named Top Trademark Law Firm for Fifth Straight Year by World Trademark Review
Press Release
Event
January 7th, 2015 | 1:00 pm EST
Trademark & Copyright Webinar: Trademark & Copyright Year in Review
Speaking Engagement
Webinar
Event
June 4th, 2014
IP by Design: Protecting Unique Products Using Trade Dress, Patent, and Copyright Law
Speaking Engagement
Webinar
Event
July 25th, 2014
Consero 2014 Brand Protection & Anti-Counterfeiting Executive Roundtable
Speaking Engagement
Event
March 11th, 2014
Intellectual Property IQ: A Workshop For Artists, Developers, And Entrepreneurs
Speaking Engagement
Event
March 11th, 2014
South by Southwest Interactive: Patents on Tap with Fish & Richardson
Speaking Engagement
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