News & Publications

The United States Court of Appeals for the Second Circuit on May 1, 2019, upheld an arbitration award in a trademark dispute over the use of the mark “Bobov” within a Hasidic Jewish community. Landau v. Eisenberg, 2d Cir., No. 17-3963, 5/1/19.

Two groups within the Bobov Hasidic Jewish community disputed who had the right to use and register a trademark for the Bobov name and agreed to arbitrate the dispute before a rabbinical tribunal. The tribunal ruled that the petitioners owned the mark, and sought confirmation of the ward in district court, which was granted.

Baruch Eisenberg filed an opposition challenging the award on the merits and arguing the court didn’t have subject matter jurisdiction. The Second Circuit said that under 9 USC § 9 the district court properly determined that it had subject matter jurisdiction necessary to confirm the arbitration award because the underlying controversy involved questions of federal trademark law.