Alexander (Alex) Kaplan is a litigation partner, highly experienced in copyright, trademark, advertising, right of publicity, and trade secrets law. A seasoned courtroom lawyer, Alex has nearly two decades of experience litigating high-stakes cases in all of these disciplines, and in other complex commercial disputes. Clients turn to Alex for his unique blend of litigation skills and comprehensive knowledge of IP law. Outside of the courtroom, Alex provides daily counsel to his clients on legal questions that affect key business decisions. He is as adept in counseling clients on copyright law as he is advising on substantiation for advertising claims or the ins and outs of trademark protection. Alex’s comprehensive IP expertise allows him to effectively and efficiently bring value to his clients as the first and only call they need to make on rights-related legal and business issues.
Copyright, Media and Entertainment
Alex has represented many music, sports and entertainment clients in a wide variety of matters touching on all forms of copyrightable subject matter. He also represents media and publishing companies, both pursuing web-based piracy claims and defending against allegations of infringement. Alex has won multiple high profile cases on summary judgment, prevailing on the factually intensive issue of lack of substantial similarity. On behalf of Madonna, Warner/Chappell and Warner Music, he convinced the Ninth Circuit Court of Appeals to reject the Sixth Circuit’s controversial Bridgeport decision governing liability for music sampling. Alex has also successfully represented the following high-profile clients in copyright matters: Lady Gaga, U2, SONY Music, Universal Music Group, the NFL, the National Academy of Recording Arts and Sciences, Elsevier, and Lexis/Nexis. Alex speaks and publishes frequently on noteworthy issues in copyright law and has been featured in a Planet Money podcast discussing the knotty issue of fair use.
Trademark and False Advertising
Alex represents and advises a range of consumer product, fashion, food & beverage, pharmaceutical and medical device companies before the federal courts, TTAB and NAD. He has represented both plaintiffs and defendants in numerous Lanham Act matters in courts across the country, including in multiple preliminary injunction hearings and jury trials. Beyond litigation, Alex frequently counsels clients concerning advertising and marketing claim substantiation and review, and regularly appears before NAD. He is an editor of and contributor to Proskauer’s advertising law blog, Watch This Space: Proskauer on Advertising Law, and is a frequent speaker at advertising law conferences and courses. Alex’s trademark and advertising clients have included Church & Dwight, the NFL, S.C. Johnson & Son, Colgate Palmolive, Diageo, Ascena Retail Group, Henry Schein, NxStage Medical and Fresenius Kabi.
Trade Secrets and Business Disputes
Alex also litigates trade secret misappropriation and restrictive covenant cases and has served 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 represented clients in many commercial litigation matters, covering a range of industries, including professional sports, software, information technology, cellular communications, healthcare, and finance.