Mark Puzella, a partner in the firm’s Litigation Department, focuses his practice on trademark, copyright, false advertising and licensing disputes. Mr. Puzella has handled numerous lawsuits in federal and state courts nationwide, and has significant experience practicing before the U.S. Patent and Trademark Office’s Trademark Trial and Appeal Board. He also works closely with the firm’s Technology and Private Equity Groups, helping to counsel clients on general corporate matters and litigation avoidance strategies relating to intellectual property.
WORK FOR CLIENTS
Mr. Puzella has advised clients in all phases of litigation, from the preliminary injunction stage through trial and appeal. His recent work includes:
- Representing Houghton Mifflin Harcourt and The Learning Company in trademark, copyright, and licensing matters, including a trademark litigation adverse to Zynga concerning THE OREGON TRAIL brand video games.
- Representing New Balance and its affiliate Warrior Sports in connection with numerous trademark, trade dress, copyright, trade secret, and advertising matters in mediations and in federal and state litigations nationwide.
- Representing 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. After a five day trial the jury returned a verdict in favor of Explorica and the Court issued a permanent injunction.
- Representing Euro-Pro, Inc, the makers of the famous SHARK brand steam mops, in advertising litigation.
- Representing Melissa & Doug in copyright litigation against a counterfeiter of its best selling toys.
- Representing Monotype Imaging, Inc. in connection with copyright issues, including royalty disputes with licensees of its font software.
Mr. Puzella’s past work includes:
- Representing The New York Times and The Boston Globe in first impression copyright and trademark litigation concerning fair use and news aggregation on the Internet.
- Representing Cablevision in connection with copyright litigation filed by the MPAA and the major television networks concerning the RS-DVR.
- Representing Wham-O, Inc. in connection with several trademark litigations and numerous TTAB proceedings related to the company’s famous FRISBEE, SLIP 'N SLIDE, and HULA HOOP marks.
- Representing RBS, Inc. and Citizens Financial Group, Inc. in several trademark litigations in federal court and the TTAB.
- Representing Carroll Shelby and Shelby American, Inc., the designer of the famous Shelby Cobra 427 S/C, Shelby Daytona Coupe and Ford Shelby Mustang, in connection with various trademark and trade dress litigation and licensing matters.
- Representing General Electric Company in a mediation concerning a work for hire copyright dispute.
- Representing Recorded Books, the world’s largest independent publisher of audiobooks, in several matters, including copyright litigation that established new law with respect to the extension of the first sale doctrine to audiobooks.
PROFESSIONAL ACTIVITIES
Mr. Puzella is a member of the International Trademark Association and the Boston and American Bar Associations.
MEDIA
Mr. Puzella is the author of “Bing’s Video Preview Feature Stretches Fair Use – But Too Far?” (MLRC Media Law Letter, June 2009), and co-author of “What’s Fair in Love and War: Copyright, Fair Use and News Aggregation on the Web” (MLCR Media Law Letter, April 2009) and “News Aggregation Issues Joined, But Not Resolved: A Review of Past and Pending Litigation Worldwide” (MLRC Bulletin, September 2009).
BAR AND COURT ADMISSIONS
Mr. Puzella is admitted to practice before the Massachusetts state and federal bars, the U.S. Supreme Court, the U.S. Court of Appeals for the First, Second and Sixth Circuits, and the U.S. District Courts for the Northern District of New York and the Western District of Michigan. He has also practiced in numerous federal courts around the country on a pro hac basis.
RECOGNITION
The World Trademark Review WTR1000, a peer and client surveyed listing, identified Mr. Puzella as a leading trademark practitioner in 2011 and 2012. The WTR1000 recognized Goodwin’s trademark practice as “first class” and characterized Mr. Puzella’s litigation work as “incredibly impressive”. The Legal 500, another peer and client surveyed listing, has recognized Goodwin’s trademark group as a leading practice for five consecutive years. In 2011, Legal 500 identified Mr. Puzella as a “notable practitioner” who is “smart, creative and anticipate[s] everything.” Mr. Puzella also was recognized as a Massachusetts and New England Super Lawyer “Rising Star” by Law & Politics and Boston magazine in 2006, 2007 and 2008.