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A middle-aged man in a gray suit, white shirt, and patterned tie stands in a blurred law office hallway, looking at the camera with a neutral expression, suggesting expertise in intellectual property law.

Jonathan E. Moskin

Partner

Jonathan E. Moskin

Partner

Jonathan E. Moskin 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 partner in the firm鈥檚 IP Litigation Practice Group as well as its Trademark, Copyright & Advertising and Privacy, Security & Information Management Practices.

Jonathan is described by clients as a “superb communicator” who also “has an eye for practical advice” and a “leader in the field.”

He has successfully represented major companies in intellectual property matters, including Acco Products; Anne Frank House, Aristocrat Technologies; 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; Target and Valentino.

Prior to joining Foley, Jonathan was a partner at other large law firms, where he was chair of the Trademark/Copyright Group.

Awards and Recognition

  • Peer Review Rated as AV Preeminent庐, the highest performance rating in Martindale-Hubbell庐听Peer Review Ratings鈩 system
  • Regularly recognized among the top Intellectual Property Lawyers by听The Legal 500 USA, most recently in 2017 and 2018, and also in the area of marketing and advertising in 2011 鈥 2014, 2016, and 2017
  • Selected by his peers for inclusion in听The Best Lawyers in America漏 since 2013 in the field of Litigation 鈥 Intellectual Property
  • Ranked by听Who鈥檚 Who Legal: Trademarks听since 2015
  • Selected for inclusion in the听New York Super Lawyers庐听list for his intellectual property litigation work in 2006 – 2007, 2012 – 2023)
  • Named in the World Trademark Review’s听“WTR 1000” directory since its inception in 2011, where he is described as “smart, skilled and reliable litigator with a great depth of experience and a very practical approach to lawyering鈥
  • Listed in the听听Euromoney鈥檚 Guide to the World鈥檚 Leading Trade Mark Law Practitioners

Affiliations

  • Former Chairman of the New York Intellectual Property Law Association鈥檚 Privacy Law Committee
  • Former Chairman of the New York Intellectual Property Law Association鈥檚 Internet Law and Design Protection Committees
  • Former editor-in-chief of听The Trademark Reporter
  • Editorial board member for the Intellectual Property Strategist
  • Editorial board member for the Queen Mary Studies in Intellectual Property Law and Policy series
  • Barrister in the William C. Conner Inn of Court
  • Adjunct professor at Fordham Law School

Presentations and Publications

  • “ML Genius and Copyright Preemption,” PLI (2023)
  • “All Is Not Fair In Love and Warhol,” The IP Strategist (June 20, 2023)
  • Is Trademark Protection Going to the Dogs?听 (March 21, 2023)
  • “Augurs and Oracles: Divining Trends Concerning Fair Use After Google v. Oracle,” PLI (2022)
  • Co-author, 鈥淒esigns 2022 Law鈥 鈥 Lexology (2021)
  • “Section 230 Of The CDA 鈥 Twenty Five Years Later,” PLI (2021)
  • “Unseating Inelegant Notions Of Product Design Functionality,” Vol. 27 The IP Strategist No. 3 (December 1, 2020)
  • “The DMCA 鈥 A 2020 Perspective,” PLI (September 15, 2020)
  • “Nantkwest Reaffirms The American Rule In De Novo Challenges to the PTO,” Vol. 26 The IP Strategist No. 5 (Feb. 1, 2020)
  • “Augurs and Oracles: Divining Trends Concerning Fair Use,” PLI (2019)
  • Supreme Court May Give Brand Owners An Easier Path To Trademark Damages,” The IP Strategist (2019)
  • “Booking.com v. Iancu,”听The IP Strategist (2019)
  • “A Short Discourse on Converse: Cobbling Together New Rules for Design Rights?” The Trademark Reporter, Vol. 109 No. 3 (May-June 2019)
  • The DMCA 鈥 Twenty Years Later听鈥 PLI 2018
  • The Price to Pay for De Novo Review of PTO Decisions,听The IP Strategist (September 2018)
  • Crisis of Candor: Is the Jury System at Risk From Alternative Facts?听Bloomberg Law Insights,听Vol. 86 No. 39 (May 2018)
  • The KKK Took My Trademark Away:听 Culture Wars and Trademark Law Meet In The Supreme Court鈥檚 Decision on Disparaging Marks听鈥 PLI 2017
  • C-O-P-Y-R-I-G-H-T: What Does That Spell?听Start Athletics v. Varsity Brands听Reimagines Protection for Useful Articles,听The Trademark Reporter,听Vol. 107 No.3 (May-June 2017)
  • The Blurry Lines of Fair Use听鈥 PLI 2016
  • App-portionment In the Supreme Court In Apple v. Samsung,听The IP Strategist (June 2016)
  • The Terminator: Coming Soon To A Federal District Court Near You听鈥 PLI 2015
  • ,听The IP Strategist (May 2015)
  • Roll Over Gutenberg, Tell Mr. Hull the News, IPO 42nd听Annual Meeting (September 8, 2014)
  • Roll Over Gutenberg, Tell Mr. Hull the News: Obstacles and Opportunities from 3D Printing,听The Trademark Reporter, 811 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,听The Trademark Reporter, Vol. 104 No. 6 (November-December 2014)
  • Grey Market and Exhaustion听鈥 PLI 2014
  • Maddeningly Mismated Matches, The IP Strategist (September 2013)
  • Return of the Undead: Golan v. Holder And The Public Domain,听The IP Strategist (December 2012) and听Fordham Law School (2012)
  • The Rise and Fall and Rise of Aesthetic Functionality,听ABA 27th Annual Intellectual Property Law Conference听(March 30, 2012)
  • Retargeting Keyword Ads for Potential New Uses,听Franchising Business and Law Alert, ALM Newsletters,听Vol. 17 No. 4 (January 2011)
  • Seeing Red: The Reemergence of Aesthetic Functionality,听The IP Strategist (November 2011) and听/-/media/files/insights/events/2011/09/the-exponential-speed-of-innovation-is-ip-driving/files/seeing-red-the-reemergence-of-aesthetic-functional/fileattachment/seeingred.pdf听(September 2011).
  • A Roll of the Dice for International Trademark Owners Lessons from In re Casino de Monaco Trademark Litigation,听The Intellectual Property Strategist, ALM Newsletters, Vol. 16, No. 10 (July 2010)
  • Co-author,听U.S. District Court Tries to Slow the Speed of Information in 鈥淏arclay’s Capital鈥,听ipFrontline.com听(April 2010)
  • The Global Contours of IP Protection for Trade Dress, Industrial Design, Applied Art, and Product Configuration, Fordham Intellectual Property, Media & Entertainment Law Journal, 783 Vol. 20 No. 3 (Spring 2010)
  • The Little License That Could 鈥 Dangers of Using Open Source Code AfterJacobsen v. Katzer,听The Intellectual Property Strategist,听ALM Newsletters, Vol. 15, No. 7 (April 2009)
  • Bone of Fido Parody:听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,听The Trademark Reporter, 873, Vol. 98 No. 3 (May/June 2008)
  • Virtual Trademark Use: The Parallel World of Keyword Ads,听Journal of Internet Law,听Aspen, Vol. 11, No. 8 (February 2008)
  • A New Line In Protecting Trade Dress In Once-Patented Subject Matter,听Intellectual Property Strategist, (January 2007)
  • Establishing Injury Presents Challenge In Lawsuits over Right of Publicity, Intellectual Property Strategist (November 2006)
  • Downhill Ride for Right of Publicity,听The Intellectual Property Strategist, (June 2006)
  • You’re Going to Serve Someone, but Will You Have Jurisdiction?听The Intellectual Property Strategist, (November 2005)
  • Frankenlaw: The Supreme Court’s Fair and Balanced Look at Fair Use, The听Trademark Reporter听848 Vol. 95 No. 4 (July/August 2005)
  • The Unfair Case of Fair Use,听Managing IP (February 2005)
  • Raising The Stakes In Copyright Litigation: The Availability of Punitive Damages,听The Intellectual Property Strategist (January 2005)
  • Victoria’s Big Secret – Whither Dilution under the Federal Dilution Act,听The Trademark Reporter, 842, Vol. 93 (July/August 2003)
  • Victoria鈥檚 Big Secret: Does the Federal Dilution Statute Remedy Dilution?,听Trademark World, (February 2003)
  • The Shape of Things to Come 鈥 Emerging Theories of Design Protection,听The Trademark Reporter听681, Vol. 92 (May-June 2002)
  • The Changing Shape of Design Protection, Intellectual Property Law Newsletter, Vol. 20 No. 3 (Spring 2002)
  • Co-author,听Licensing Intellectual Property听in M. Moskin, Commercial Contracts, Aspen (2001)
  • Strategies for Litigating Copyright, Trademark & Unfair Competition Cases, New York, NY, (PLI November 2001)
  • Navigating Choppy Waters in Safe Harbors: Contributing Liability of Internet Service Providers,听The Intellectual Property Strategist, (July 2001)
  • A Shallow Grave For Deep-Linking,听IP Network News, (April 2000)
  • Internet Governance System Evolves,听New York Law Journal, (March 1999)
  • Board The Moving Bus: Trademark Owners Beware of Proposals to Improve Management of Internet Names and Addresses, 88听The Trademark Reporter听213, (June 1998)
  • Dilution Act: Patent Medicine For Trademark Ailment?,听New York Law Journal, (March 1996)
  • Dilution or Delusion: The Rational Limits of Trademark Protection, 83听The Trademark Reporter听122, (1993)
  • Make Room For the Stars: Copyright Preemption And The Right of Publicity, 33 Copyright Law Symposium 159 (1983)

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).
February 6, 2026 Honors and Awards

Ten Foley Attorneys Listed Among World Trademark Review's Leading Trademark Practitioners

Ten 番茄社区; Lardner attorneys and four firm jurisdictions were recognized in the 2026 edition of the World Trademark Review 1000: The World鈥檚 Leading Trademark Practitioners.
October 13, 2025 In the News

Jonathan Moskin Publishes on Federal Circuit Decision in Trademark Case

番茄社区; Lardner LLP partner Jonathan Moskin coauthored the Law.com article, 鈥淲TF? Round Two: The Federal Circuit Grants Brunetti (and Trademark Owners) a Reprieve.鈥
October 24, 2025 Events

21st Annual IP Conference

March 14, 2025 In the News

Jonathan Moskin Quoted on Ford Bronco Trademark Suit

番茄社区; Lardner LLP partner Jonathan Moskin commented in the Law360 article, "Ford Bronco TM Suit Looks Under Hood Of Vintage Market," offering insight on the trademark case that fits a growing trend of brands taking action against businesses customizing their products without approval or selling merchandise with their historic marks.
February 13, 2025 Honors and Awards

World Trademark Review Recognizes Foley Attorneys and Jurisdictions in the 2025 Edition of WTR 1000: The World鈥檚 Leading Trademark Practitioners, Firm Receives National Recognition

Nine 番茄社区; Lardner attorneys and four firm jurisdictions were recognized in the 2025 edition of the World Trademark Review 1000: The World鈥檚 Leading Trademark Practitioners. WTR also recognized the Trademark, Copyright & Advertising Practice on a national level.
October 24, 2024 In the News

Jonathan Moskin Publishes on Lessons Learned from Ex Parte Trademark Appeals to District Courts

番茄社区; Lardner LLP partner Jonathan Moskin co-authored the Law.com article, "Ex Parte Trademark Appeals to District Court 鈥 Lessons Learned from the Front Lines."