Robert Alpert has practiced intellectual property law for 35 years, with a focus on bringing new brands to market and enforcing brand owners’ rights. He works with clients to achieve the best protection possible for their brands, in keeping with their business strategy, both in the United States and worldwide. An experienced litigator, Mr. Alpert regularly advises clients on how to prevent problems that could give rise to future disputes and, when necessary, aggressively litigates those rights or defends against infringement claims. He also implements and oversees enforcement programs for his clients, coordinating with U.S. Customs, working with law enforcement agencies, and commencing anti-counterfeit actions.

Mr. Alpert also has extensive experience in the area of copyrights. He has represented clients in the context of both brick-and-mortar stores as well as in cyberspace and has both brought and defended claims of infringement involving, for example, apparel designs, musical compositions and photographs. A frequent presenter on intellectual property issues, he has delivered a training program to employees on the do's and don'ts of copyrights.

Mr. Alpert’s intellectual property dispute resolution experience includes trademark, unfair competition, copyright, patent, publicity, and privacy matters. He has litigated in state and federal courts throughout the United States as well as before various administrative agencies, including the U.S. Patent and Trademark Office, the International Trade Commission (ITC), and Internet Corporation for Assigned Names and Numbers (ICANN). Mr. Alpert counsels a wide range of clients, including a well-known Italian high fashion designer, a major producer and installer of sunrooms, a supplier of heating, refrigeration, and air-conditioning parts, a newly formed hedge fund, and a manufacturer and worldwide distributor of electrical, lighting and wiring devices.

The author of many articles on intellectual property, Mr. Alpert is the co-author of the U.S. Opposition Guide for the International Trademark Association.  He also teaches and writes about movies.

Select Representations

• Ann-Margaret v. High Society Magazine, Inc. (successfully moved for summary judgment dismissing a celebrity plaintiff’s claims for violation of her right of publicity through the publication of photographs of the celebrity)
• Ayush Herbs, Inc. v. Hindustan Unilever (successfully moved to add a counterclaim for fraud in the procurement and maintenance of a federal registration based on a newly-held, higher standard for pleading such a claim)
• Chesa Intl., Ltd. v. Fashion Associates, Inc. (successfully had affirmed on appeal a special master’s report awarding damages, sanctions and attorneys fees for infringement of client’s fashion designer mark)
• Christopher Norman Chocolates, Ltd. v. Schokinag Chocolate North America, Inc. (successfully opposed plaintiff’s motion for a preliminary injunction following termination of joint venture)
• Manufacture des Montres Jaguar, S.A. v. Jaguar Cars Ltd. (successfully opposed defendant’s motion to dismiss, transfer or stay a New York lawsuit in favor of prior-filed, infringement suit in Michigan)
• Mondo, Inc. v. Sirco Intl. Corp. (successfully opposed plaintiff’s motion for summary judgment on a trademark infringement claim and convinced court to grant, sua sponte, summary judgment in favor of client)
• Partecipazioni Bulgari Spa v. Miege (obtained an order directing that a defendant, a resident of Greece, appear for deposition in Florida as well as successfully moved to strike a jury demand)
• Virgin Air, Inc. v. Virgin Atlantic Airways Ltd. (successfully opposed plaintiff’s motion to disqualify defendant’s counsel in the Virgin Islands)
• Vitabiotics, Ltd. v. Krupka (successfully moved for summary judgment finding infringement against certain defendants and obtained injunction, destruction order and award of attorneys fees)
• Yoo-Hoo Chocolate Beverage Corp. v. A.J. Canfield Co. (notwithstanding two decisions holding to the contrary, successfully tried and defeated a beverage company’s effort to enjoin another beverage company’s use of the term “chocolate fudge” for the name of a beverage)

Bar and Court Admissions

New York, 1975

United States Supreme Court, 1980

Education

Columbia University, M.F.A. (cinema studies), 1977

New York University, J.D., 1974

Yale University, B.A. (French literature), 1970

Professional Affiliations

• American Bar Association
• New York City Bar Association
• International Trademark Association