Zynga Game Network, Inc. v. Williams et al

Filing 49

Declaration of David K. Caplan in Support of 48 MOTION for Attorney Fees ; and Memorandum of Points and Authorities filed byZynga Game Network, Inc.. (Attachments: # 1 Exhibit 1-4)(Related document(s) 48 ) (Caplan, David) (Filed on 5/20/2011)

Exhibit 1

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Exhibit 2

David K. Caplan
California Bar Admission: 1995
Massachusetts Bar Admission: 2008
David is a Partner at Keats McFarland & Wilson LLP, where he has
practiced since its inception in the summer of 1999. Since 1995, David has
focused his practice entirely on intellectual property law. This practice
involves a balance of Internet law and traditional intellectual property law.

T.310.777.3722
F.310.860.0363
[e-mail]

David's practice includes all types of transactions and litigation concerning
copyright, trademark, and licensing. David has litigated copyright
infringement, trademark infringement, trade dress infringement,
anticounterfeiting, cybersquatting (including through ICANN’s domain name
dispute resolution policy), reverse confusion, dilution, unfair competition,
right of publicity, and "idea submission" cases throughout the United States.
This practice has involved all facets of intellectual property litigation,
including seizure orders, preliminary injunction orders, summary judgment
motions, contempt orders, appellate, and Supreme Court practice. David's
transactional experience has involved assisting his clients with contracts
relating to the licensing and acquiring of copyrights and trademarks.
David has handled virtually every type of Internet-related intellectual
property issue and has developed Internet monitoring and enforcement
programs for some of the world's largest media, entertainment, and
technology companies, as well as celebrities. These programs involve
protecting copyrights, trademarks, and other intellectual property rights
against a wide variety of infringements on the Internet. David has handled
disputes involving thousands of Internet counterfeiters and other infringers
from across the world. David has recovered hundreds of infringing domain
names, stopped the distribution of infringing content by hundreds of web
sites, and halted the distribution of infringing products by thousands of
Internet auction sellers.
David's Internet law practice also involves counseling and transactional
services relating to Internet business issues and intellectual property issues
raised by the Internet. David has negotiated and drafted Internet-related
contracts and advised clients regarding the implications of contracts to their
Internet businesses.
David has assisted his clients by conducting training sessions for customs
and law enforcement representatives as well as Internet service providers.
David has also presented seminars regarding Internet litigation and
enforcement, and been interviewed for publications and broadcasts on
intellectual property issues.
From 2004 – 2008, Los Angeles Magazine named David as a "Super
Lawyer” ranking him in the top 2.5 percent of Southern California lawyers
age 40 or younger.
Published Decisions:
M2 Software v. Viacom, Inc., 2007 WL 649733 (9th Cir.);
M2 Software v. M2 Communications, L.L.C., 463 F.3d 868 (9th Cir.
2006);
M2 Software v. M2 Communications, L.L.C., 2005 WL 2186870 (9th
Cir.);
M2 Software v. M2 Communications, LLC, 2003 WL 21949139 (9th
Cir.);
Time Warner Entertainment, Co., L.P. v. B.C.P. Toys, Inc., 2000
U.S. App. LEXIS 4989 (9th Cir.);

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Dees v. Saban Entertainment, Inc. 1997 U.S. App. 34129 (9th Cir.);
Krav Maga Ass’n of America, Inc. v. Yanilov, 464 F.Supp. 2d 981
(C.D. Cal. 2006);
Gucci America, Inc. v. Pieta, 2006 WL 4725707 (C.D. Cal.);
Gucci America, Inc. v. Pieta, 2006 WL 4725706 (C.D. Cal.);
Dudnikov v. MGA Entertainment, Inc., 410 F.Supp.2d 1010 (D. Colo.
2005);
M2 Software, Inc. v. M2 Communications L.L.C., 281 F. Supp. 2d
1166 (C.D. Cal. 2003);
M2 Software, Inc. v. M2 Communications L.L.C., 217 F.R.D. 499
(C.D. Cal. 2003).
David has assisted his clients by conducting training sessions for customs
and law enforcement representatives as well as Internet service providers.
David has also presented seminars regarding Internet litigation and
enforcement, and been interviewed for publications and broadcasts on
intellectual property issues.
Admitted: California; U.S. District Court, Northern, Central, Southern and
Eastern Districts of California; U.S. District Court for the District of
Colorado, U.S. Court of Appeals, Ninth Circuit and U.S. Supreme Court.

Keats McFarland & Wilson LLP
9720 Wilshire Boulevard
Penthouse Suite
Beverly Hills
California 90212
T. 310.248.3830
F. 310.860.0363
www.kmwlaw.com
[e-mail]

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Exhibit 3

Tara D. Rose
California Bar Admission: 2008
Tara Rose joined Keats McFarland & Wilson in 2008. Her practice consists
of all areas of intellectual property litigation and enforcement, including
copyright, trademark, and licensing. Tara is experienced in Internet
enforcement of both copyrights and trademarks, including recovery of
infringing domain names and removal of infringing and unauthorized
content from hundreds of online web sites. In addition, she has experience
in general commercial litigation in both state and federal court, which has
involved class action cases concerning Internet commerce.

T.310.777.3746
F.310.860.0363
[e-mail]

Tara graduated from Southwestern Law School where she concentrated her
studies in intellectual property and entertainment law, specifically studying
copyright, trademark, music industry contracts, and entertainment industry
labor and employment law. While attending law school, she interned for
RKO Pictures in the legal affairs department and served as a judicial extern
to the Honorable Alexander Williams III of the Los Angeles Superior Court.
Tara was also an Editor of the Journal of International Media &
Entertainment Law and served as an Executive Board Member of the
Entertainment and Sports Law Society. In 2006, she was appointed to the
American Bar Association’s Forum on the Entertainment and Sports
Industries as the nation’s sole law student liaison.
As a member of Southwestern’s Moot Court Honors Program, Tara
competed twice in the National Entertainment Law Moot Court Competition.
In 2007, she received a 1st place brief award for her analysis of whether a
web site operator could be held liable for contributory and vicarious
copyright infringement where the copyright holder did not substantially
comply with the Digital Millennium Copyright Act’s notice requirements. In
2006, she was ranked 4th place oral advocate based on her argument
regarding the appropriate standard for assessing substantial similarity on
summary judgment in a copyright infringement claim involving an idea
submission.
Prior to law school, Tara earned a degree from the prestigious School of
Cinema-Television at the University of Southern California and a Minor in
Communication and the Entertainment Industry.
Recent Publications:
The High Price Of Fame Deserves A Discount: A Call For Uniform
Dilution Law In North America For The Protection Of Well-Known
Trademarks, 14 Sw. J.L. & Trade Am. 195 (2007);
The Law is Entertaining, Student Lawyer,Vol. 35, No. 9 (May 2007).
Admitted: California; U.S. District Court, Central District.

Keats McFarland & Wilson LLP
9720 Wilshire Boulevard
Penthouse Suite
Beverly Hills
California 90212
T. 310.248.3830
F. 310.860.0363
www.kmwlaw.com
[e-mail]

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Exhibit 4

Dennis L. Wilson
California Bar Admission: 1991
Dennis Wilson represents some of the world’s largest media,
entertainment, technology and fashion companies in complex litigation,
counseling and transactions. Mr. Wilson’s practice encompasses copyright,
trademark, licensing, technology development, online advertising and
Internet law issues. Mr. Wilson acts as lead class action defense counsel
for Fortune 500 companies, provides strategic counseling to businesses
and celebrity clients on a wide range of intellectual property issues and has
litigated infringement, idea submission, rights of publicity and unfair
business practices actions across the United States. Mr. Wilson has
developed and directs international protection programs for some of the
world's most recognized brands and media properties.

T.310.777.3740
F.310.860.0363
[e-mail]

In 1995, Mr. Wilson established one of the first comprehensive Internet
monitoring and enforcement programs, and currently directs online
protection programs for numerous entertainment companies, fashion
houses, e-businesses, and celebrity clients. As part of his Internet practice,
Mr. Wilson advises and litigates disputes involving liability under the Digital
Millennium Copyright Act, the Anticybersquatting Consumer Protection Act,
the Lanham Act, the Federal Anti-dilution Act, the Trademark Dilution
Revision Act, the Consumer Fraud & Abuse Act, the Communications
Decency Act and various state and federal statues. Mr. Wilson has
recovered thousands of domain names on behalf of his clients and has
worked to remove infringing and unauthorized content from many thousands
of online sites.
Mr. Wilson is a frequent speaker on strategic branding and new media
issues at local and national bar associations and international trademark
associations, and has lectured across the United States on subjects
including new media, licensing, complex and class action litigation,
intellectual property, branding and Internet law. Mr. Wilson was selected
one of American’s Top Lawyers by Forbes Business, was selected a
“Superlawyer” by the New York Times and Los Angeles magazines, and is
listed in Who’s Who of American Trial Lawyers.
Prior to founding the Beverly Hills law firm Keats McFarland & Wilson LLP
in 1999, Mr. Wilson was a partner in the Beverly Hills and Los Angeles
offices of Baker & Hostetler LLP.

Keats McFarland & Wilson LLP
9720 Wilshire Boulevard
Penthouse Suite
Beverly Hills
California 90212
T. 310.248.3830
F. 310.860.0363
www.kmwlaw.com
[e-mail]

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