Companies wishing to successfully protect, select, acquire, assign or license trademarks have relied on Mark Mutterperl's superior counsel and representation for decades. Mark is skilled at handling matters in court as well as helping clients avoid litigation. Mark has been honored by The Best Lawyers in America, Chambers USA, Super Lawyers, and was named an IP Luminary. In 2010, Chambers said "Clients describe him as 'exceptionally efficient and cost-effective'."

A partner in the Intellectual Property & Technology Department of Fulbright & Jaworski L.L.P.'s New York location, Mark focuses on trademark matters, including:

• Enforcing trademark rights against trademark infringement, dilution and counterfeiting
• Overseeing counterfeiting and other investigations
• Managing trademark portfolios:
  • Consultation, implementation, and strategic planning for domestic and international trademark and domain name registration and enforcement
  • Trademark clearance, name selection, investigation, prosecution practice before the Trademark Trial and Appeal Board, ADR, and litigation
  • Creative solutions and problem solving for business needs in branding, advertising, and trademark issues
  • Mergers and acquisitions and other transactions, including due diligence projects

A former senior attorney with the U.S. Department of Justice and Special Assistant United States Attorney, Mark has briefed and argued cases throughout the United States including dozens of cases in the United States courts of appeals.

 Recent significant trademark, copyright, trade dress, and unfair competition litigations include representing:

• A prominent homeopathic company in trademark infringement cases in federal court in New Jersey and California
• A multinational baby products company in a trademark, trade dress, unfair competition and design patent case in federal court in Connecticut
• A well known cosmetics company in a trademark and unfair competition dispute in federal court in New York
• A leading paper goods company in a trademark infringement case in federal court in New York
• A leading consumer goods company in a trade dress infringement case involving a famous aluminum foil brand in federal court in Virginia
• A world famous hotel in a trademark infringement case in federal court in California
• A leading consumer goods company in a trade dress and copyright infringement case involving oven bags in federal court in Virginia
• An international non profit organization in a trademark infringement case in federal court in California involving the entity's house mark
• A leading coffee company in appeals before the Second and Fifth Circuits in cases involving trademark infringement and dilution issues; both cases were decided favorably; the Second Circuit favorably decided one case twice
• The manufacturer of the leading aluminum foil brand in a trade dress infringement case in federal court in Virginia and before the Fourth Circuit
• A leading consumer goods company in a trade dress infringement action involving several famous products in federal court in Ohio
• A leading consumer goods company in a trade dress and false advertising case involving well known mouthwash products in federal court in Ohio
• A leading pharmaceutical company in trade dress and trademark dilution and infringement cases against private label manufacturers of famous antibiotic ointment and cream products in federal court in New York
• In federal court in New York the manufacturer of toy horses and a large chain of retail stores which sells the toy horses; the claims involved trade dress and copyright infringement
• A leading men's retail clothing chain in federal court litigation and non-litigation proceedings to stop trademark infringers
• A leading coffee company and men's retail clothing chain who combined to sue an online entity in federal court in Texas for trademark infringement and false advertising
• A party in federal court in New York in a dispute over the worldwide ownership rights to the famous Tetris video game
• An international, quasi governmental agency in federal court in Tennessee to stop the use of its name by a trademark infringer
• A manufacturer of lamps in federal court in Colorado, to stop a distributor who had similar lamps made in China for distribution in the U.S. The claims involved unfair competition, copyrights and design patents
• A hedge fund in federal court in New York in a trademark infringement action involving two hedge funds
• A well known hair care products company in defense of its product name in a trademark infringement lawsuit

Recent significant and successful trademark counterfeiting and infringement matters include:

• Representing a leading manufacturer of hand-held telecommunication devices in federal court litigation in Tennessee concerning the counterfeiting of specialized batteries, including handling numerous ex parte seizures in California, New York, New Jersey, Florida and Tennessee
• Representing a leading manufacturer of hand-held telecommunication devices in an investigation and federal court litigation in New York concerning the counterfeiting of specialized batteries, including handling simultaneous ex parte seizures in California, Texas and Virginia
• Handling a worldwide investigation concerning the counterfeiting of two of the world's bestselling shampoos on behalf of one of the world's largest consumer product companies; this matter includes litigation in federal court in New York against numerous distributors of counterfeit products and seizures in the United States and South America
• Handling an ex parte proceeding in South America on behalf of three major international consumer goods companies whose products were counterfeited
• Handling investigations of counterfeit skin care products in the United States on behalf of one of the world's largest consumer goods companies and litigation in New York, Arizona and California; these cases included ex parte seizures at numerous locations in Brooklyn, New York's Chinatown, Bakersfield and San Francisco, California, and Phoenix, Arizona
• Representing the manufacturer of the leading aluminum foil brand in an investigation and federal court litigation in New York concerning the counterfeiting of aluminum foil
• Representing a leading cosmetics company in an investigation and federal court litigation in California whose products were counterfeited; this matter included seizures of counterfeit products in California
• Representing a worldwide consumer goods company in Florida federal court defeating a purported class action claiming the trademark owner of authentic goods is liable for counterfeit products

• International Trademark Association
  • North America Subcommittee of Anti-Counterfeiting & Enforcement Committee, Chair (2006 - 2009) 
• American Bar Association
  • Section of Intellectual Property Law
    • Books Editorial Board (2007 - present)
    • Former Council Member
    • Division on Trademarks and Unfair Competition, Former Chair
  • Section of Antitrust Law
    • Private Advertising Litigation Committee (2009 - 2010)
• American Intellectual Property Law Association
  • AntiCounterfeiting and AntiPiracy Committee (2008 - Present)
    Vice Chair, Enforcement Subcommittee
• Intellectual Property Owners Association
  • Counterfeiting and Piracy Committee (2008 - Present)
• The Pharmaceutical Trade Marks Group
• United States Council for International Business
  • Intellectual Property Committee
• United States Customs and Border Protection 
  • Subcommittee on Intellectual Property Rights Enforcement for the Commercial Operations Advisory Committee 
• International AntiCounterfeiting Coalition Inc.
• Copyright Society of the U.S.A.
• American University Washington College of Law, Former Adjunct Professor
• Communications and the Law, former Advisory Board Member
• White Collar Crime Reporter, former Editorial Board Member

• "The Best Lawyers in America," Intellectual Property Law (2011)
• Chambers & Partners USA, ranked among the top attorneys in Intellectual Property: Trademark & Copyright (2008 - 2010)
• "IP Luminary," TrademarkWorld (2007)
• "New York Super Lawyer," Intellectual Property, Law and Politics (2007 - 2010)

• Co-Author with Chehrazade Chemcham, "Buyers of Counterfeits: BEWARE!," Landslide, September/October 2008
• Co-Author with Bruce Longbottom, "Counterfeit Drugs, One Click Away," Pharmaceutical Executive, September 2007
• Co-Author with Kathy Keneally, "Ethical Considerations In Seeking The Truth," The Champion, August 2007
• Co-Author with Paul Krieger and Marc Delflache, "Pirated And Counterfeit Goods Affect More Than Business Revenue," Houston Business Journal, April 20, 2007
• Co-Author with Jessica Parise and Chehrazade Chemcham, "Taking Back A Fake World: Recommendations For Combating The Spread Of Global Counterfeiting And Piracy Before It's Too Late," The Manufacturer, February 26, 2007
• Co-Author with Jenifer McIntosh, "Weighed Down By Counterfeiting," GC New York, February 13, 2006
• Co-Author with Shannon Vale, Cynthia Henderson and Patrick Gallagher, "U.S. Accession to the Madrid Protocol Should Streamline International Protection for Trademarks Owned by American Businesses and Citizens," Intellectual Property Update, October 2002
• "Federal Criminal Enforcement of Intellectual Property Rights"
• "Copyright Protection for Design Professionals"
• "Federal Government Civil Litigation"

• "Pretexts, Evidence and Conducting In-House Investigations," International AntiCounterfeiting Coalition Annual Spring Conference, Boston, Massachusetts, May 20, 2010
• "Building IP Cases In The Private Sector For Civil Action And Referral To Law Enforcement," Los Angeles Property Rights Conference: Intellectual Property Crimes, Victims & Cases, Los Angeles, California, April 20, 2010
• "Building IP Cases In The Private Sector For Civil Action And Referral To Law Enforcement," New York/New Jersey Intellectual Property Rights Conference: IP Crimes, Victims & Cases, New York, New York, November 5, 2009
• Moderator, "A View from the Boardroom," American Bar Association Third Annual Institute on Criminal Enforcement of Intellectual Property Rights, Washington, D.C., October 9, 2009
• Moderator, "Partnering with Private Companies and Law Firms to Deliver Operational Successes," 2009 International Law Enforcement IP Crimes Conference, Dublin, Ireland, September 30, 2009
• "Developing IP Cases For Civil Actions and Referral to Law Enforcement," Washington Intellectual Property Rights Conference: IP Crimes, Victims & Cases, Seattle, Washington, June 24, 2009
• "A U.S. Perspective," Global Enforcement: Fighting Counterfeiting in the U.S., Canada, Europe and China, Association of Corporate Counsel and Smart & Biggar, Toronto, Canada, June 18, 2009
• Event Chair, "Global Enforcement: Fighting Counterfeiting in the U.S., Canada, Europe and China," Association of Corporate Counsel and Fulbright & Jaworski L.L.P., New York, New York, June 16, 2009
• "Intellectual Property Rights Enforcement," 23rd Annual National Institute on White Collar Crime, American Bar Association, San Francisco, California, March 5, 2009
• "Building IP Cases In The Private Sector For Civil Action and Referral To Law Enforcement," Texas Intellectual Property Rights Conference: IP Crimes, Victims & Cases, Houston, Texas, February 24, 2009
• "The Use of Alternative Dispute Resolution With Trademark Matters," Fulbright & Jaworski's International Arbitration Program, New York, New York, February 12, 2009
• “Counterfeiters and Pirates: Knocking Them Off Of Their Game,” American Bar Association 2008 Annual Meeting, New York, New York, August 10, 2008
• "Managing IP Crime Prosecutions," 2008 International Law Enforcement IP Crime Conference, Halifax, Nova Scotia, June 24, 2008
• "Anticounterfeiting Best Practices," 2007 International Law Enforcement IP Crime Conference, Niagara Falls, Canada, June 20, 2007
• "Investigators: Ethical Implications For Trademark Lawyers To Consider," New York City Bar, March 27, 2007
• Moderator, "Prosecutors and F.B.I. Perspective," Program on Anti-Counterfeiting and Brand Protection, International Quality and Productivity Center, October 26, 2006
• "Trademark Infringement From the Industry Perspective," Joint United States Patent and Trademark Office and World Intellectual Property Organization Program, July 20, 2006
• "Copyright Infringement and Enforcement," State Bar of Texas Meeting
• "Use of Alternative Dispute Techniques In Intellectual Property Disputes," Trade Secret Law Institute
• "Copyright Damages," American Intellectual Property Law Association Meeting

J.D., Georgetown University Law Center
B.A., cum laude, Political Science, Boston University

Mark is admitted to practice law in New York, the District of Columbia and Maryland. He also is admitted to the Supreme Court of the United States and numerous other federal courts throughout the United States.

Mark enjoys playing tennis and golf.