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Brad D. Rose Partner Brad D. Rose Partner New York, NY [email protected] 212.326.0875 Partner Brad D. Rose is a member of Pryor Cashman's Executive Committee and chair of the firm's Intellectual Property Group. He is a prominent and widely known litigator and transactional attorney in the music, entertainment, digital media, fashion and consumer products industries. Brad helps clients, along with their key advisors, to build and protect brand value and intellectual property assets, both domestically and internationally, through a variety of forward-thinking initiatives and, when necessary, litigation. He is consistently recognized by ranking organizations such as Chambers, Super Lawyers "Top 100", The Legal 500 US, World Trademark Review as well as The American Lawyer as one of the leading attorneys in the U.S. for both contentious and non-contentious intellectual property matters. One client enthuses in Chambers USA 2021, "Brad is an exceptional attorney and our experience working with him is incredibly positive," with another calling him, "a terrific client counselor." Brad excels in such areas as: • Strategic planning and counseling across all legal, business and financial platforms and businesses • Crisis management and public relations integration for high net worth individuals, brands and celebrities • Litigation - namely, prosecution and defense of intellectual property rights as well as all forms of corporate, commercial and employment litigation • Asset monetization transactions including licensing, corporate structuring, secured lending and financing • Corporate merger and acquisition work inclusive of liquidity event transactions and legal due diligence in support of liquidity transactions or acquisitions Trademark, Copyright and USPTO/TTAB Proceedings • Beyoncé in a copyright infringement action brought against her by a filmmaker regarding the short film, “Lemonade.” • Bruno Mars, an American singer-songwriter, and Atlantic Records, an international music publishing group, in the dismissal of a copyright infringement suit concerning Mars’s #1 hit single “Grenade.” • Bruno Mars, Mark Ronson, Sony ATV and Universal Music Group in eight separate pre-litigation copyright infringement claims brought by various plaintiffs claiming their songs and/or music bear a striking similarity to Mars’s hit song, “Uptown Funk.” • Charlotte Olympia, a British luxury shoe and accessories brand, in defeating a challenge brought by GMA Accessories, Inc. which sought to prevent the registration of the CHARLOTTE OLYMPIA trademark. • Jay-Z in defeating a copyright infringement claim by TufAmerica Inc. alleging that Jay-Z sampled “significant portions” of the 1960s funk song “Hook & Sling” on his hit track “Run This Town.” Page 1 • Jay Z, Beyoncé, Kanye West, Pharrell Williams and Rihanna in a lawsuit against a French fashion brand that used their names and images on T-shirts and other merchandise without permission. • Kanye West, Roc-A-Fella Recordings, LLC and UMG Recordings, Inc. in obtaining a dismissal of a music copyright infringement claim involving the song “Stronger.” • Kanye West, Shawn Carter (known professionally as “Jay-Z”), Mike Dean, UMG Recordings, Roc-A-Fella Records and Roc Nation in obtaining a dismissal of a copyright infringement claim involving the song “Made in America.” • Kanye West in: o the trademark infringement victory that stopped the developers of the COINYE WEST cryptocurrency from using his name and likeness in the highly unregulated field of Bitcoins and other virtual currency. o obtaining a dismissal of a copyright infringement suit regarding his 2005 hit "Gold Digger." o obtaining the dismissal of a trademark infringement suit brought against him and co-defendant Damon Dash in connection with a film entitled “Loisaidas.” • Stefani Germanotta p/k/a Lady Gaga, a singer, songwriter and actress, in: o an opposition against the trademark application for "Baby Gaga" which was sustained by the U.S. Patent and Trademark Office Trial and Appeal Board. o an opposition against an applicant seeking to register the mark GAGA JEANS. • Supreme, a skateboarding shop and clothing company, in a trademark infringement claim against a fashion company using the SUPREME BITCH on apparel and other goods. • Tidal Music AS, the music streaming service, in scoring a victory before the U.S. Patent and Trademark Office’s Trademark Trial and Appeal Board (TTAB) in an action that defeated a third party’s attempt to register the mark #TIDALTUESDAY. • Younger Dresses Co. in successfully defeating an infringement claim concerning its use of LIQUID COTTON in textiles. Services • Intellectual Property • Litigation • Media + Entertainment • Music • Cannabis • Celebrity Branding + Talent Representation • Copyright • M+E Litigation • Intellectual Property Litigation • M+E Transactions and Financing • Privacy, Publicity + Defamation • Trademark Education • Hofstra University School of Law (J.D., 1985) • Hofstra University (B.A., 1982) o Honors Special Honors • Member of Law360's 2021 Intellectual Property Editorial Advisory Board • Recognized as a leading attorney in Entertainment Law: Music by Best Lawyers in America (2020-22) • Recognized by Chambers USA as a top attorney in Media + Entertainment: Litigation (2015-21) and Intellectual Property: Trade Mark and Copyright (2016-21) • Named a leading trademark attorney by World Trademark Review - WTR 1000 (2014-21) • Named an Intellectual Property Trailblazer by National Law Journal (2020) Page 2 • Named a leading attorney in Intellectual Property: Copyright (2007-08, 2012-13, 2015-21), Intellectual Property: Trademark: Non-Contentious (2020-21) and Media + Entertainment Litigation (2018-21) by The Legal 500 • Named to the Super Lawyers - New York Metro list in intellectual property (2008-20) • Named a "Top 100" lawyer in the Super Lawyers - New York Metro list (2013-14, 17, 19) • Named the "#3 Trademark Attorney in the U.S." by Trademark Insider (2009) Admissions • New York, 1986 Professional Affiliations • New York State Bar Association Academic Achievements • Brad is a 1985 graduate of Hofstra University School of Law, where he was a member of the Law Review. Publications April 29, 2020 USPTO Further Extends Certain Response Deadlines (Update) April 6, 2020 Coronavirus Relief Bill (CARES Act) Passes Into Law April 1, 2020 U.S. Patent and Trademark Office Extends Certain Response Deadlines November 14, 2009 FTC Guides Concerning the Use of Endorsements and Testimonials in Advertising Clients • Akon • Erin Andrews • Steve Aoki/Dim Mak Records • Asphalt Yacht Club • Atlantic Records • ATOM Factory • Bambu Sales, Inc. • Billionaire Boys Club • Born This Way Foundation • Britney Spears • Brooke Wall • Bruno Mars • Busta Rhymes • Cash Money Records • Charlie Villanueva • Chris Brown • Colson Baker, p/k/a Machine Gun Kelly • Clyde Duneier Inc. • Dana Hasson • Dez Bryant Page 3 • Dwayne Carter • Def Jam Recordings • Def Jam University • Detroit Charlie • DJ Khaled • DJ Kalkutta • Dylan George LLC • Eastman Outdoor • Eight to Eighty Eyewear • Evanescence • Fred Durst • Gabrielle Union • God Shammgod • GOOD Music • The Haddad Apparel Group Ltd. • Hardwell • Hip Hop Summit Action Network • Harley Pasternak • Human Worldwide • Icon Global Coffee Company • Ingrid Michaelson • International Culinary Center • Janelle Monae • Japhet Landis pka Roofeeo • Shawn Carter, p/k/a "Jay-Z" • Jermaine O'Neal • Jose Bautista • Justin Timberlake • Kanye West • Khalifa Kush • Kim Kardashian-West • Lady Gaga • Lil Wayne • Limp Bizkit • Lionel Richie • Marcy Media Films, LLC • Mass Appeal • Meek Mill • Megan Pete pka Megan Thee Stallion • Merchdirect • Michael Strahan (The Collection and MSX) • Milano Confezioni • The Mottola Company • Neil Lane Jewelry • Nicki Minaj • Nicole Trunfio • NYDJ • Paper Planes IP Holding • Parker Waichman LLP • Pharrell Williams • Pink • Pop Water • Prestige Jewelry International • QuestLove Page 4 • R&C Fashion dba Silverwear f/k/a Jet Sources, Ltd. • River Island • Roc Nation • Rush Communications • Rush Philanthropic Arts Foundation • Russell Simmons • Scratch DJ Academy • Shakira • SMAC Entertainment • Smart For Life • Stacked • Star Branding • Sydney Holland • Shawn Carter Enterprises • Studiofeed USA/Subpac • SprayGround • Squeak E. Clean Studios • Sunday in Brooklyn • Supreme • Thalia Sodi Miranda (Macy's brand) • Tibi, LLC • TIDAL • Todd Gurley • TJ Porter • Terry Richardson • Universal Music Group • Usher • WaveHill Partners/Oak Tree Capital Management LP • Willie Cauley Stein • West Brands Fashion LLC • Within Unlimited/Chris Milk • Wiz Khalifa • Xzibit, Inc. • YEEZY Apparel, LLC • Young Money Entertainment • Youngor Group Company Limited (Smart Shirts) Page 5.
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