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Proskauer Rose LLP

11 TIMES SQUARE, NEW YORK, NEW YORK 10036-8299, USA
Tel:
Work +1 212 969 3000
Fax:
Fax +1 212 969 2900
Email:
Web:
www.proskauer.com

Alexander Kaplan

Tel:
Work (212) 969-3671
Email:
Proskauer Rose LLP

Work Department

Litigation

Position

Alexander Kaplan is a partner in the Litigation Department. Alex is a commercial litigator and trial lawyer with expertise in intellectual property litigation and counseling, with a wealth of experience in copyright, trademark, advertising and trade secrets law. In copyright and related matters, Alex has represented record labels, publishing companies, recording artists and other entities. He counsels clients regarding the Digital Millennium Copyright Act, digital rights management and content encryption issues. Alex has represented consumer product, fashion, food, beverage, pharmaceutical and medical device companies in Lanham Act cases and disputes before federal courts, TTAB and NAD courts for 15 years.


United States: Intellectual property

Copyright

Within: Copyright

Proskauer Rose LLP’s bicoastal practice is retained by major performers, songwriters and music studios as well as wider media and entertainment content owners and producers. Recent highlights included successfully defending long-term client Lady Gaga in separate infringement lawsuits relating to music and artwork on her album, Born This Way. The group is also defending Blackwell Fuller Music Publishing and Fifty-Six Hope Road, owners of the publishing rights to Bob Marley’s back catalogue, in a claim brought by Allan Cole, who claimed to have co-written the songs War and Natty Dread. Other music industry clients include Madonna and Ariana Grande. The practice is led by Los Angeles’ Sandra Crawshaw-Sparks and New York’s Brendan O’Rourke. Also in New York, Alexander Kaplan is recommended for non-contentious matters and has particular expertise in Digital Millennium Copyright Act (DMCA) and rights management work.

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Trademarks: litigation

Within: Trademarks: litigation

Proskauer Rose LLP’s ‘excellent’ New York-based team often acts for high-profile brands and has experience handling litigation with an international element. Co-head Brendan O’Rourke led advice to Energizer in a lawsuit brought against Spectrum Brands alleging trademark, trade dress and copyright infringement claims regarding Spectrum’s confusingly similar packaging. O’Rourke and Alexander Kaplan successfully assisted Triangl with litigation brought against a former Chinese supplier of swimwear manufactured by Triangl alleging trademark and trade dress infringement. Kaplan acted for Ascena Retail Group in a trademark and trade dress infringement dispute brought against BlueStar Alliance. The team, which is also led by Lawrence Weinstein, includes Sandra Crawshaw-Sparks.

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United States: Media, technology and telecoms

Advertising and marketing: litigation

Within: Advertising and marketing: litigation

Proskauer Rose LLPsets the bar for advertising litigation’, particularly false advertising disputes. Recent highlights include successfully representing Church & Dwight in litigation against SPD Swiss Precision Diagnostics regarding the advertising of pregnancy tests; practice co-head Lawrence Weinstein led the matter. Weinstein also obtained a dismissal for Monini North America in a class action false advertising lawsuit against plaintiffs who claimed its white truffle flavored extra virgin olive oil falsely advertised the product as containing white truffle, and defended Ralph Lauren in two consumer class actions alleging deceptive advertising and false outlet store pricing. Clients also praise co-head Brendan O’Rourke and Alexander Kaplan; Kaplan was part of the team which acted for Ascena Retail Group and its subsidiary Tween Brands in litigation against Bluestar Alliance regarding false advertising, copyright and trademark infringement issues. All attorneys mentioned are based in New York.

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Media and entertainment

Within: Media and entertainment

Proskauer Rose LLP’s experience in content distribution deals was evident in its recent work; the team advised Altice on the renewal of its distribution agreements with Disney and EPSN Media Networks and acted for Major League Soccer on a distribution deal with Facebook to stream regular season games on Facebook Live. Other transactional work for the department included advising Hulu on the launch of its live subscription television service, assisting Discovery Communications with a joint venture agreement with The Enthusiast Network, and handling the acquisitions of NBC- and Fox Network-affiliated television stations for Bain Capital Credit. Robert Freeman is the key name for transactions, while Sandra Crawshaw-Sparks focuses on music litigation; she represented Lady Gaga in a copyright infringement case brought by a French sculptor who claims the Born This Way album cover infringes several of her works, and acted for Madonna in a copyright lawsuit relating to Vogue, which plaintiffs allege uses unauthorized samples. Other noteworthy practitioners include litigator Alexander Kaplan and senior counsel Paresh Trivedi. All attorneys are based in New York.

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