PROFILES OF LEADERSHIP
JONATHAN E. MOSKIN
Have you ever wondered what exactly an INTA leader does? How did a member get to where they are
today? What inspired them to become involved in INTA at a leadership level? If so, you will be interested
in our new series, entitled PROFILES OF LEADERSHIP, brought to you by INTA’s Leadership
Development Committee (“LDC”).
The goal of PROFILES OF
LEADERSHIP is to introduce
you to our current INTA leaders
by asking them a series of
questions focusing both on
their leadership experiences
and expertise, and also on their
personal lives and adventures.
We hope that through our
ongoing series, you will
become better acquainted with
our INTA leaders and – with
any luck – you will be inspired
to carve your own leadership
path at INTA.
This edition, we meet Jonathan
Moskin, Partner and intellectual property lawyer with Foley & Lardner LLP in New York, NY. He has been
involved with INTA committees since the late 1980’s and is currently the Committee Chair and Editor-inChief of the Trademark Reporter (TMR). He’s originally from New York City and now resides in Irvington,
NY with his wife, the youngest of their three children and their dog.
LDC: How did you come to practice IP Law?
I went to law school planning to be an environmental lawyer and “save the planet,” but the two
environmental law classes I took were, frankly, tedious at best. After an editor suggested I write a law
review article on an issue of IP law, I knew immediately what I wanted to do. Unfortunately, the
environment is increasingly imperiled and I have done woefully little to protect it, but I still love what I do.
LDC: What was your dream job as a child? When did that change?
Dream or fantasy? I’d say my fantasy was to pitch for the Mets. That changed after several years of what
can, at best, be considered an uninspiring “career” of sandlot baseball. I still play softball, and any of my
friends could easily confirm I made the right choice not to be a professional athlete. I will add that several
years ago I had a trial scheduled to begin against Muhammad Ali (in Los Angeles no less) literally the day
after I ran the NY Marathon. He didn’t show up in court before we settled, but I told his wife, Lonnie, who
was there and who is a lovely person (even though she was my adversary) that running the marathon
was as close as I would likely ever come to enjoying the sort of acclaim professional athletes get all the
time – just being in the middle of the race with thousands of people cheering (even if not for me
personally). Oddly, I’ve noticed that lawyers are rarely chased by adoring fans.
LDC: What differences do you see now between young lawyers and past generations of lawyers?
In many ways, my generation had it a lot easier than the current one. Because the law wasn’t such a
business even 25 or 30 years ago, lawyer relations with clients and with their own firms were more stable
and at least some of us had the luxury of just doing our work without having to worry about where every
dollar went. Also, in the old regime dominated by IP boutique firms, there was more of a focus on
excellence for its own sake, whereas now every firm thinks it can do this work (which may be true enough
as far as it goes), but it comes at a cost of lower standards.
LDC: From all the articles you have written, which one has been the most
challenging/complicated?
The most fun article I remember writing was Bone of Fido Parody: Louis Vuitton v. Chewy Vuiton
http://www.lawjournalnewsletters.com/issues/ljn_intproperty/14_5/news/150028-1.html because I
relentlessly indulged my pleasure in wordplay (and, I hope, made a few substantive points along the
way). The most satisfying article probably was Virtual Trademark Use: The Parallel World of Keyword
Ads, Trademark Reporter, 873, Vol. 98 (May/June 2008), because it was expressly relied on by the 9th
Circuit in the Network Automation case in reshaping the law, and I believe was followed by the 2d Circuit
in its Google v Rescuecom decision (and was also cited by at least one other federal court that I know).
LDC: Do you practice any sport that allows you to combine it with your work? (i.e. IPGolf, IPSky)
As I have gotten older, I’ve had to give up one sport after another because of various injuries. I still run a
lot; play ultimate Frisbee most Saturday mornings (with many players 30 years younger than I am), the
occasional softball game in the summer, etc. Thankfully, none of those things has anything to do with
work!
LDC: Describe your dream job today.
I used to think I wanted to be a judge. Not that anyone’s asking, but I now think my own job is more fun. I
don’t know if I think in very dreamy terms any longer, but I’ve certainly had several ideas for books I
would love to find time to write. If I had to pick an entirely new career, it might be either cabinet-making or
the arts (see below). One down-side of being a lawyer is that even victories are soon forgotten and the
greatest brief is read by at most a handful of people and never read again.
LDC: What is your secret/hidden talent?
With considerable modesty, every year I do a drawing of my kids for a holiday card. Of course, after
you’ve seen a few of them, you might well agree that any talent is truly well-hidden.
LDC: When you retire, how would you like to be remembered?
If I am remembered at all, I hope it’s for something I did right! I’ve never really thought about that, but I do
think that part of the reason I publish a lot is that so much of what we do as lawyers (even the best brief
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or most persuasive opinion letter) is read at most by 5 or 10 people and soon forgotten. Whatever my
legacy may or may not be, I also hope that it will be defined by something I have yet to do. Without any
pretense to being profound, I recently read an interesting thought from Marcus Aurelius: “Were you to live
three thousand years, or even thirty thousand, remember that the sole life which a man can lose is that
which he is living at the moment… Our loss, therefore, is limited to that one fleeting instant, since no one
can lose what is already past, nor yet what is still to come–for how can he be deprived of what he does
not possess? … For the sole thing of which any man can be deprived is the present; since this is all he
owns, and nobody can lose what is not his.” Although I don’t believe in living just for the moment, it’s way
beyond me to think of leaving a legacy.
LDC: What is something unique you don’t leave home without?
I consider myself fortunate if I leave home in time to make my train every morning (or almost every
morning) and that I remember where I am going. One thing I am not is superstitious.
LDC: When you travel to the Annual Meetings and/or Leadership Meetings, what is one thing that
you always make sure to do?
It is usually a bit chaotic the few weeks before I go (I know each of the last two years I had a trial
scheduled to begin right after the event), but in the 25 years or so I have been going to annual meetings,
so far I have not yet forgotten to make a hotel reservation (which reminds me, I need to get on that soon
for San Diego). Beyond that, it’s all gravy.
LDC: What was your first Annual Meeting and did you meet a colleague that you have remained
close with over the years?
Probably 1989 or 1990. I don’t remember meeting anyone at that event, but there are several people
(including from NY) whom I tend to see only at the annual meeting, which of course is never in NY. Since
my old firm, Pennie & Edmonds, broke up in 2003, the annual meeting is also often a great way to see
some of my old colleagues.
LDC: Do you remember your first meeting at INTA? How did it go that meeting?
Too long ago. Those brain cells must be long gone.
LDC: What is your favorite place you have traveled and why?
Maybe Cambodia – to visit my daughter when she was working there a few years ago. It was also a very
sad country, but it was an amazing revelation to find the remnants of this magnificent ancient culture. But
maybe also the top of the Franconia Ridge in New Hampshire. It is a remarkably beautiful spot.
LDC: What do you like most about your job?
It’s an incredibly fun field we are in. Given a decent knowledge of the law, it allows you to be creative and
use tactical skills, and occasionally even some logic. We are not tasked with knowing detailed
regulations (such as tax or securities) or performing repetitive tasks (such as real estate closings). There
is an open texture to IP law. A few days ago, I said to a friend who was listening to the recent podcast
series Serial (which reconstructs the investigation of a high school murder in 1999) that virtually any one
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of my cases requires similarly reconstructing reality through the lens of the law and the memories of
witnesses (hopefully supported by an occasional document or two). It reminds me what Oscar Wilde is
reputed to have said, that memory is the chronicle of things that never happened … and couldn’t possibly
have happened. It’s that open texture that makes what we do so enjoyable.
LDC: If a close friend or spouse were to describe you in one word, what would it be?
After almost 30 years of marriage, one thing I am sure of is that my wife could undoubtedly find several
choice words! One word, huh? How about “paronomastic”? I know that will send most people to the
dictionary (including me), but I am not big on self-praise and I am honestly stumped how to describe
myself, much less to do it in one word.
LDC: What is the best way for future INTA leaders to develop their leadership skills?
Ultimately, we all have to figure out many of these things on our own, but one thing I would say is to find
someone (or several someones) you respect and admire and then do what you can to copy those
attributes that make you admire them. Eventually, you will make them your own. I also think it’s also a
great idea if you have something worthwhile to say: put it in writing and publish it! (And publish it in The
Trademark Reporter!)
LDC: How do you motivate your team members?
You are presuming that I do!!! If I am lucky, I hope they find something in me worth following. I do
remember as a young lawyer finding little things that more seasoned lawyers did that I tried to incorporate
in my own practice. You make these things your own over time. One piece of advice I was given (by one
such mentor), which I have also shared with several younger associates is never to have an employee
mentality. Always feel that you are ultimately responsible to make sure the job is done right.
LDC: What is the most important attribute of a good leader?
If only I knew! But I can think of things NOT to do. As practicing lawyers, we all have experiences with
overbearing types who think that yelling and screaming is the way to make an impression. Attributes I
think are far more effective are treating others with respect and maintaining your own control and dignity
despite adversity. Over the course of my career, I have been fortunate not to work with too many
screamers or chest-pounders, but my own sense is that that’s a terrible way to lead. It simply makes you
appear out of control.
LDC: What is your number one recommendation for aspiring INTA leaders?
Get out now, while you can! (That’s a joke!) Maybe Woody Allen said it best when he noted that 90%
percent of success is just showing up! Or maybe see above about not having an employee mentality.
Interview conducted by Jorge Gomez, Dumont Bergman Bider & Co., S.C. (Mexico), on behalf of INTA’s
Leadership Development Committee (“LDC”).
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