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Alexander Kaplan is a partner in the Litigation Department. Alex is a trial lawyer and works on a broad range of commercial litigation matters, but devotes the greater part of his practice to intellectual property litigation and counseling. He has substantial experience in the fields of copyright and false advertising and also frequently advises on and litigates trademark, trade secret and non-compete matters.

Copyright

In copyright and related contract and tort disputes, Alex has represented various major record labels, publishing companies and recording artists, as well as other media and entertainment companies. He also counsels clients with respect to The Digital Millennium Copyright Act (DMCA), digital rights management and content encryption issues. Alex’s copyright clients have included:

  • Madonna
  • Lady Gaga
  • U2
  • Eminem
  • Sony BMG Music Entertainment Group
  • Universal Music Group
  • Warner Bros. Records
  • Warner/Chappell Music
  • EMI Music Publishing
  • Reed Elsevier
  • Advanced Access Content System Licensing Administrator (AACS)

Trademark and False Advertising

In trademark and false advertising matters, Alex represents and advises a range of consumer product, food and beverage, pharmaceutical and medical device companies before the federal courts and the NAD. He has represented both plaintiffs and defendants in numerous Lanham Act matters in courts across the country, including having participated in preliminary injunction hearings and jury trials. Alex also frequently counsels clients concerning advertising and marketing claim substantiation and review. He is an editor of and contributor to Proskauer’s advertising law blog, Watch This Space: Proskauer on Advertising Law. Alex’s trademark and false advertising clients have included:

  • Church & Dwight
  • S.C. Johnson & Son
  • Dyson Inc.
  • Diageo
  • Kraft
  • Colgate
  • Bausch & Lomb
  • NxStage Medical
  • Fresenius Kabi
  • Major League Baseball.

Other Areas of Practice

Alex also litigates trade secret misappropriation and restrictive covenant cases and serves as an adjunct professor of law at Brooklyn Law School teaching trade secrets law and supervising the student-run Brooklyn Law School Trade Secrets Institute.

Beyond intellectual property matters, Alex has also represented clients in many general commercial litigation matters, covering a range of industries, including professional sports, software, information technology, finance and cellular communications. He has participated in numerous temporary restraining order and preliminary injunction hearings, as well as multiple jury trials.