Jonathan E. Moskin is a partner with Foley & Lardner LLP, where he is a member of the IP Litigation, Trademark, Copyright & Advertising and Privacy, Security & Information Management Practices. 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.
Prior to joining Foley, Mr. Moskin 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; Avon Products; Bacardi & Co.; Cablevision; Calvin Klein; Cannondale Bicycle Corp.; Citigroup; Diageo; Distillerie Stock; Deutsche Bank Trust Co.; Emjoi, Inc.; Field & Stream Holdings, LLC; Hasbro; Ingersoll-Rand; Jim Beam Brands; JP Morgan & Chase Co.; Novartis; Priceline; QVC, Rambus, Inc.; Sony Pictures Entertainment; Stiefel Laboratories; Swiss Army Brands; and Valentino.
Mr. Moskin has been Peer Review Rated as AV® Preeminent™, the highest performance rating in Martindale-Hubbell's peer review rating system. He is ranked among the top Intellectual Property Lawyers by Legal 500 USA in 2006, 2007, 2009 and 2010 and also in the area of marketing and advertising in 2011. Mr. Moskin is described by clients as a "superb communicator" who also "has an eye to practical advice" and a "leader in the field." He has been named in the 2011 and 2012 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 International Who's Who of Trademark Lawyers and 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 an adjunct professor at Fordham Law School.
Mr. Moskin 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).
He is currently the chairman of the New York Intellectual Property Law Association's Privacy Law Committee and has served in the recent past as chairman of the New York Intellectual Property Law Association's Internet Law and Design Protection Committees. He is vice-chair and a senior editor 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.
Mr. Moskin 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. Mr. Moskin 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).
Mr. Moskin is admitted to practice in New York, and before the U.S. District Courts for the Eastern and Southern 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, Tenth and Federal Circuits.
Publications:
· "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 22, 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 28, 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 15, 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 10, 1997)
· "Dilution Act: Patent Medicine For Trademark Ailment?," New York Law Journal, (March 8, 1996)
· H.R. 1295 Trademark Dilution Act of 1995, Nat. L.J., (Sept. 4, 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