In Memoriam: Morton David Goldberg

Morton David Goldberg (USA)

We are saddened to announce that INTA Past Counsel Morton David Goldberg passed away on January 19, 2022, at age 92. Mr. Goldberg had an illustrious career as a trademark and copyright lawyer and served as INTA Counsel from 1982 to 1985.

Mr. Goldberg was born on May 27, 1929, and raised in Dorchester, Massachusetts, USA. He was a graduate of the Boston Latin School, Harvard College, and Yale Law School. A founding partner of Schwab Goldberg Price & Dannay, Mr. Goldberg continued his intellectual property career at Cowan Liebowitz & Latman based in New York City, following the merger of the two firms.

In addition to his volunteer service with INTA, Mr. Goldberg was a Founding Fellow with the American Bar Foundation and the American Intellectual Property Law Association, a member of the Software and Information Industry Association Hall of Fame, and an advisor with the World Intellectual Property Organization. He also held several advisory positions with the U.S. federal government, including with the State Department Copyright Panel, the Commerce Department, and the Copyright Office.

At INTA, Mr. Goldberg served on several committees over the years, including the International Amicus Committee and the Alternative Dispute Resolution Committee. Notably, in 2000, while volunteering on the International Amicus Committee, Mr. Goldberg was one of several INTA members to serve as Counsel of Record for INTA’s amicus brief in Wal-Mart Stores, Inc. v. Samara Brothers, Inc. before the U.S. Supreme Court. In this landmark case, the Court held that a product design can never be inherently distinctive, and therefore protectable, in an action for infringement of unregistered trade dress. The Court concurred with INTA that a different standard should be applied to products as opposed to packaging and designs.

“Of all the INTA Counsel I had the privilege to work with, Mort was the quiet genius. He was there for me and for the Association (then USTA) at the beginning of my career and he was my “go-to guy” on the many occasions when I needed the sage advice on management and leadership, as well as legal matters,” said Robin Rolfe, INTA Executive Director from 1981 to 1998. “Always thoughtful and deliberative, Mort gave every matter his best consideration and delivered his guidance with his uniquely soft, halting speaking style. Long after his term as Counsel ended, Mort remained a valued counselor to me and to INTA.”

Mr. Goldberg is survived by his daughters, Laura Jan Kuller (Steven) and Nanci B. Goldberg, four grandchildren, and two generations of nieces and nephews. He is predeceased by many loved ones, including his wife, Florence Goldberg.

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