Jonathan E. Moskin

Partner

Overview

Jonathan E. Moskin is a partner and intellectual property lawyer with Foley & Lardner LLP. He has acted as lead trial counsel and otherwise litigated trademark, copyright and patent cases, as well as contract disputes, privacy matters, false advertising and right of publicity cases in numerous federal, trial and appellate courts. He is a member of the IP Litigation, Trademark, Copyright & Advertising and Privacy, Security & Information Management Practices.

Prior to joining Foley, Jonathan was a partner at White & Case LLP and Pennie & Edmonds, LLP, where he was chair of the Trademark/Copyright Group. He has successfully represented major companies in intellectual property matters, including Acco Products; Aristocrat Technologies; Avon Products; Bacardi & Co.; Cablevision; Calvin Klein; Cannondale Bicycle Corp.; Citigroup; Caesars Entertainment; Diageo; Distillerie Stock; Deutsche Bank Trust Co.; Emjoi, Inc.; Field & Stream Holdings, LLC; Games Workshop; Hasbro; Herman Miller, Inc.; Ingersoll-Rand; Jim Beam Brands; JP Morgan & Chase Co.; Novartis; Phillips Van Heusen; Priceline; QVC, Rambus, Inc.; Sony Pictures Entertainment; Stiefel Laboratories; Swiss Army Brands; and Valentino.

Recognition

Jonathan has been Peer Review Rated as AV® Preeminent™, the highest performance rating in Martindale-Hubbell's peer review rating system. He is regularly recognized among the top Intellectual Property Lawyers by The Legal 500 USA, most recently in 2017 and 2018, and also in the area of marketing and advertising in 2011 – 2014, 2016, and 2017. Jonathan has been selected by his peers for inclusion in The Best Lawyers in America© since 2013 and ranked by Who’s Who Legal: Trademarks (2015 – 2018). He is described by clients as a "superb communicator" who also "has an eye to practical advice" and a "leader in the field." He was selected for inclusion in the New York Super Lawyers® list for his intellectual property litigation work, most recently in 2018. Jonathan has been named in the 2011 – 2018 World Trademark Review's "WTR 1000" directory, where he is described as "a fine lawyer, incredibly smart and a pleasure to deal with" and “a fantastic litigator,” and is also listed in the Euromoney’s Guide to the World’s Leading Trade Mark Law Practitioners. In addition, he is a barrister in the William C. Conner Inn of Court and has been an adjunct professor at Fordham Law School.

Education

Jonathan received his J.D. from Boston College Law School (cum laude, 1983), where he was also a member of the Boston College Law Review. He received his B.A. in philosophy from Oberlin College (1979).

Thought Leadership

Jonathan is a frequent author and speaker on intellectual property issues. Based on his publications concerning state dilution statues, he was invited to testify before Congress when it was considering adoption of the Federal Trademark Dilution Act. Jonathan was also a recipient of national honors in the Nathan Burkan Memorial Competition for an article entitled "Make Room for the Stars: Copyright Preemption and the Right of Publicity," (33 Copyright L. Symp., ASCAP, 159, 1983).

Admissions and Professional Memberships

Jonathan until recently was the chairman of the New York Intellectual Property Law Association’s Privacy Law Committee and has served as chairman of the New York Intellectual Property Law Association’s Internet Law and Design Protection Committees. He was also editor-in-chief of The Trademark Reporter. Mr. Moskin is on the editorial board for the Intellectual Property Strategist and an editorial board member for the Queen Mary Studies in Intellectual Property Law and Policy series.

Jonathan is admitted to practice in New York, and before the U.S. District Courts for the Eastern, Southern, and Western Districts of New York, the U.S. Supreme Court, the U.S. District Court for the District of Colorado and the Eastern District of Michigan, and before the U.S. Courts of Appeal for the First, Second, Third, Seventh, Ninth, Tenth and Federal Circuits.

Publications

  • "Crisis of Candor: Is the Jury System at Risk From Alternative Facts?” Bloomberg Law Insights, Vol. 86 No. 39 (May 2018)
  • "Commentary: C-O-P-Y-R-I-G-H-T: What Does That Spell? Start Athletics v. Varsity Brands Reimagines Protection for Useful Articles,” The Trademark Reporter, Vol. 107 No.3 (May-June 2017)
  • “Roll Over Gutenberg, Tell Mr. Hull the News: Obstacles and Opportunities from 3D Printing,” The Trademark Reporter, Vol. 104 No. 3 (May-June 2014)
  • “Will There Be Any Repose at This B&B? The Supreme Court Weighs Collateral Estoppel from the TTAB,” The Trademark Reporter, Vol. 104 No. 6 (November-December 2014)
  • "Retargeting Keyword Ads for Potential New Uses," Franchising Business and Law Alert, ALM Newsletters, Vol. 17 No. 4 (January 2011)
  • "A Roll of the Dice for International Trademark Owners Lessons from In re Casino de Monaco Trademark Litigation," The Intellectual Property Strategist, ALM Newsletters, Vol. 16, No. 10 (July 2010)
  • Co-author, "U.S. District Court Tries to Slow the Speed of Information in 'Barclay's Capital'," ipFrontline.com (April 2010)
  • "The Little License That Could – Dangers of Using Open Source Code After Jacobsen v. Katzer," The Intellectual Property Strategist, ALM Newsletters, Vol. 15, No. 7 (April 2009)
  • Intricately Simple: Unlocking Current Confusion Concerning Keyword Ads, IP Litigator (September/October 2008)
  • "Bone of Fido Parody: Louis Vuitton v. Chewy Vuiton," The Intellectual Property Strategist, ALM Newsletters, Vol. 14, No. 5, (February 2008)
  • "Virtual Trademark Use: The Parallel World of Keyword Ads," Trademark Reporter, 873, Vol. 98 (May/June 2008)
  • "Virtual Trademark Use: The Parallel World of Keyword Ads," Journal of Internet Law, Aspen, Vol. 11, No. 8 (February 2008)
  • "Out of Sight, Out of Mind – The Secret World of Keyword Ads," CIPerati ACyperspace and IP Law Newsletter, (June 2007)
  • "The Obscure World of Keyword Ads," Managing Intellectual Property, (May 8, 2007)
  • "Fraud Update: US Trademark Applicants Beware," INTA Bulletin, (February 2007)
  • "A New Line In Protecting Trade Dress In Once-Patented Subject Matter," Intellectual Property Strategist, (January 2007)
  • "A Bumpy Ride For Celebrities," Managing Intellectual Property, (July/August 2006)
  • "Downhill Ride for Right of Publicity," The Intellectual Property Strategist, (June 2006)
  • "You're Going to Serve Someone, but Will You Have Jurisdiction?" The Intellectual Property Strategist, (November 2005)
  • "The Trouble With Putting Down Pop-ups," Managing Intellectual Property, (September 2005)
  • "Frankenlaw: The Supreme Court's Fair and Balanced Look at Fair Use," Trademark Reporter Vol. 95 (July/August 2005)
  • "The Unfair Case of Fair Use," Managing IP, (February 2005)
  • "Raising The Stakes In Copyright Litigation: The Availability of Punitive Damages," The Intellectual Property Strategist, (January 2005)
  • "Victoria's Big Secret - Whither Dilution under the Federal Dilution Act," Trademark Reporter, 842, Vol. 93 (July/August 2003)
  • "Victoria’s Big Secret: Does the Federal Dilution Statute Remedy Dilution?," Trademark World, (February 2003)
  • "The Changing Landscape of Domain Name Disputes," IP Litigator, (October 2002)
  • "The Shape of Things to Come – Emerging Theories of Design Protection," Trademark Reporter 681, Vol. 92 (May-June 2002)
  • Co-author, Licensing Intellectual Property in M. Moskin, Commercial Contracts, Aspen, (2001)
  • Presenter at the Practicing Institute Seminar, Strategies for Litigating Copyright, Trademark & Unfair Competition Cases, New York, NY, (November 2001)
  • "Navigating Choppy Waters in Safe Harbors: Contributing Liability of Internet Service Providers," The Intellectual Property Strategist, (July 2001)
  • "A Shallow Grave For Deep-Linking," IP Network News, (April 2000)
  • "Canada and the Future of Internet Governance," 15 Canadian Intellectual Property Review 247, (March 1999)
  • "Internet Governance System Evolves," New York Law Journal, (March 1999)
  • "Domain Name 'Reforms' Will Inflame Internet Problems," IP Worldwide, (July 1998)
  • "Board The Moving Bus: Trademark Owners Beware of Proposals to Improve Management of Internet Names and Addresses," 88 Trademark Reporter 213, (June 1998)
  • "New Proposals To Manage Internet Names and Addresses," The Internet Newsletter, (June 1998)
  • "Postcards from the Internet: Domain Name Infringement," New York Law Journal, (March 1997)
  • "Dilution Act: Patent Medicine For Trademark Ailment?," New York Law Journal, (March 1996)
  • H.R. 1295 Trademark Dilution Act of 1995, Nat. L.J., (Sept. 1995)
  • "Dilution or Delusion: The Rational Limits of Trademark Protection," 83 Trademark Reporter 122, (1993)
  • "Make Room For the Stars: Copyright Preemption And The Right of Publicity," 33 Copyright L. Symp. 159, 1983

Representative Matters

Showing of
Counseled British game production and retailing company on electronic discovery issues associated with the preservation, collection, search, and review of electronically stored information regarding active litigation.
Representation of natural oil producer in complex patent litigation involving electronic discovery issues.

Insights

Supreme Court May Give Brand Owners an Easier Path to Trademark Damages
02 July 2019
Legal News: Intellectual Property
A Short Discourse on Converse: Cobbling Together New Rules for Design Rights?
June 2019
The Trademark Reporter

Moskin Quoted in Westlaw IP Journal on Fourth Estate v. Wall-Street.com

30 January 2019
Westlaw IP Journal
Moskin Discusses De Novo Review of PTO Decisions
September 2018
The Intellectual Property Strategist
15th Annual IP Conference
04 October 2019
Chicago, IL
Foley's 14th Annual IP Conference
28 September 2018
Chicago, IL
Foley's 13th Annual IP Conference
06 October 2017
Chicago, IL
PLI’s Intellectual Property Law Institute 2016
26-27 September
New York, NY