David Caplan focuses his practice on intellectual property law. His practice involves a balance of internet law and traditional intellectual property law, including all types of transactions and litigation concerning copyright, trademark, infringement, trade dress infringement, anti-counterfeiting, 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. Mr. Caplan’s practice also involves all facets of intellectual property litigation, including seizure orders, contempt orders, and appellate and Supreme Court practice.

Mr. Caplan has handled most 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. Mr. Caplan has handled disputes relating to thousands of internet counterfeiters and other infringers from across the world. He has recovered hundreds of infringing domain names, stopped the distribution of infringing content by hundreds of websites, and halted the distribution of infringing products by thousands of Internet auction sellers. Mr. Caplan’s internet law practice also involves counseling and transactional services associated with internet business issues and intellectual property issues raised by the iInternet. He has negotiated and drafted internet-related contracts and advised clients regarding the implications of contracts to their internet businesses.

Prior to joining Kilpatrick Townsend, Mr. Caplan was a partner at Keats McFarland & Wilson LLP in Beverly Hills, California, a boutique intellectual property law firm with extensive involvement in the development, protection, and enforcement of famous brands as they relate to consumer products, entertainment and the internet.

Mr. Caplan has assisted his clients by conducting training sessions for customs and law enforcement representatives, as well as internet service providers. He has also presented seminars regarding internet litigation and enforcement, and has been interviewed for publications and broadcasts on topics involving intellectual property issues.

From 2004 to 2008, Mr. Caplan was recognized as a Southern California “Super Lawyer” by Los Angeles magazine, ranking him in the top 2.5 percent of Southern California lawyers age 40 or younger. In 2014, 2015 and 2016, Mr. Caplan was recommended by Legal 500 US for Trademark Litigation.

Professional & Community Activities

International Anti-Counterfeiting Coalition, Member


  • Northeastern University, J.D. (1995)
  • Williams College, B.A., Economics (1992)

Bar Admissions

  • California (1995)
  • Massachusetts (2008)


  • U.S. District Court for the Central District of California
  • U.S. District Court for the Eastern District of California
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Southern District of California
  • U.S. District Court for the District of Colorado
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Supreme Court

Who We Are

9720 Wilshire Blvd PH
Beverly Hills, CA, 90212-2018
t +1 310.777.3722
f +1 310.388.5312

David K. Caplan

Experience Highlights

Time Warner Entertainment Co. v. Harper Stephens
Represented Warner Bros. in this case brought against a cybersquatter who had registered 102 domain names based on the Harry Potter property. We more
Zynga guidebook litigation
Represented Zynga in litigation against a network of individuals and entities which sold guidebooks containing “secrets” to Zynga’s games to more
Paramount Pictures Corporation v. Piche
Represented Paramount Pictures Corporation in copyright litigation. Paramount and Universal had plans to launch trailers for summer tent-pole films more
Plasmanet Inc. v. Iwin Inc. et al.
Defended one of the earliest online gaming companies, iwin.com, against a claim that its web site design infringed the trade dress of the plaintiff's more