J. Thomas McCarthy | |
---|---|
Born | |
Nationality | American |
Title | Professor Emeritus, University of San Francisco School of Law |
Academic background | |
Education | University of Detroit University of Michigan Law School |
Academic work | |
Discipline | Intellectual Property &Technology Law |
Notable works | McCarthy on Trademarks and Unfair Competition The Rights of Publicity and Privacy (with Roger Schechter) McCarthy’s Desk Encyclopedia of Intellectual Property |
J. Thomas McCarthy (born July 2,1937 in Detroit,Michigan) is a Professor Emeritus at the University of San Francisco School of Law and an internationally recognized authority in the field of trademarks. [1] [2] He is the founding director of the McCarthy Institute for Intellectual Property and Technology Law. [3] He has practiced,written,and taught in the field of trademarks and unfair competition and is a frequent speaker on the subject. He is the author of the authoritative work on intellectual property law,McCarthy on Trademarks and Unfair Competition. [4]
McCarthy is a member of the California and U.S. Supreme Court bars and is admitted to practice before the United States Patent and Trademark Office.
He holds a degree in electrical engineering from the University of Detroit in 1960. [2] He worked as an engineer for Chrysler Corporation Missile Division in the early days of the space program on the Redstone missile,a version of which was used to launch the Explorer I satellite in January 1958. He earned his law degree from the University of Michigan Law School in 1963. [2]
He is the son of John Edward McCarthy.
He has been reported to be an avid watercolor painter. [5]
For over twenty years until 2022,McCarthy was an of counsel consultant with the law firm of Morrison &Foerster in its San Francisco office. He was a member of the A.L.I. Advisory Committee involved in drafting the 1995 Restatement of the Law of Unfair Competition and a member of the Trademark Review Commission,which drafted the 1989 revisions to the Lanham Act. [6] He served for several years on the Editorial Board of The Trademark Reporter . [1]
The American Intellectual Property Lawyers Association has named McCarthy the most influential trademark expert of the 20th century. [2] In 2010,American Lawyer listed McCarthy as one of the 25 most influential people in intellectual property. In their award,they wrote that "to say J. Thomas McCarthy wrote the book on trademark law is accurate,but something of an understatement." [7] [8]
McCarthy has been the recipient of many significant awards during his career.
In 2012,McCarthy was inducted into Intellectual Asset Management Magazine's Intellectual Property Hall of Fame. [10] In 2018,he received the Lifetime Achievement Award from World Trademark Review magazine. [5]
He has delivered a number of significant lectures including the 1999 Niro Lecture at DePaul University College of Law,the 1997 Tenzer Lecture at Cardozo Law School,the 1995 H.S. Manges Lecture at Columbia University,and the 1989 Boal Memorial Lecture for the Brand Names Education Foundation at Northwestern University. [9] [11] In 1994,he was the Biebel &French Distinguished Visiting Scholar in Law &Technology at the University of Dayton. [9]
McCarthy is the author of the seven volume treatise McCarthy on Trademarks and Unfair Competition,(5th edition Thomson Reuters) which has been relied upon as authority in over 7000 judicial opinions,including 16 opinions of the United States Supreme Court. [12] The treatise was first published in 1973 in two volumes.
Other books written by McCarthy include the two-volume treatise The Rights of Publicity and Privacy (with Roger Schechter) and McCarthy’s Desk Encyclopedia of Intellectual Property (Third Edition),(with Schechter &Franklyn). [13] [14]
McCarthy is the founding director of the McCarthy Institute for Intellectual Property and Technology Law. The institute is now located at the Arizona State University Sandra Day O'Connor College of Law. [3] The institute focuses on IP law,the technologies powering brand development,and the consumer behaviors that make up brand perception. [15]
Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property,and some countries recognize more than others. The best-known types are patents,copyrights,trademarks,and trade secrets. The modern concept of intellectual property developed in England in the 17th and 18th centuries. The term "intellectual property" began to be used in the 19th century,though it was not until the late 20th century that intellectual property became commonplace in most of the world's legal systems.
Trade secrets are a type of intellectual property that includes formulas,practices,processes,designs,instruments,patterns,or compilations of information that have inherent economic value because they are not generally known or readily ascertainable by others,and which the owner takes reasonable measures to keep secret. Intellectual property law gives the owner of a trade secret the right to restrict others from disclosing it.
The University of San Francisco School of Law is the law school of the private University of San Francisco. Established in 1912,it received American Bar Association accreditation in 1935 and joined the Association of American Law Schools (AALS) in 1937.
Jessica Litman is a leading intellectual property scholar. She has been ranked as one of the most-cited U.S. law professors in the field of intellectual property/cyberlaw.
McAndrews,Held &Malloy is a Chicago-based intellectual property law firm in the United States. It provides services with respect to intellectual property,antitrust and technology matters,and has a team of registered patent attorneys,agents and technology specialists. The firm serves clients ranging from companies to startups and universities.
Licensee estoppel is a doctrine under which a licensee of an intellectual property right,generally a patent or a trademark,is estopped from challenging the validity of the licensed property. The basis for the doctrine is the premise that a licensee should not be able to enjoy the benefit of an agreement and at the same time attack the validity of the intellectual property that forms the basis of the agreement.
John R. "Jay" Thomas is a professor of law at Georgetown University Law Center.
Greenberg &Lieberman is a national and international law firm based in Washington,D.C. Established in 1996 by Michael Greenberg and Stevan Lieberman,the firm is known for its expertise in the technology-law areas of intellectual property,trademark infringements,domain names,virtual worlds,and software and was listed among 16 influential entities in the field of domain names in 2010. A "boutique law firm",Greenberg &Lieberman credited for being among the first in the world to begin generating a significant revenue and client base via online virtual worlds such as Second Life. Greenberg &Lieberman are also noted for their involvement with media law and military law.
Paul Goldstein is a law professor at Stanford Law School.
David Nimmer is an American lawyer,law professor,renowned as an expert in United States copyright law. He received an A.B. with distinction and honors in 1977 from Stanford University and his J.D. in 1980 from Yale Law School,where he served as editor of the Yale Law Journal. David Nimmer is of counsel to Irell &Manella LLP in Los Angeles,California. He also serves as a Professor from Practice at University of California,Los Angeles Law School and Distinguished Scholar at the Berkeley Center for Law and Technology. In 2000,he was elected to the American Law Institute. He has served as a guest professor at the University of Haifa,Yeshiva University,the University of Miami,and Syracuse University.
Mark A. Lemley is currently the William H. Neukom Professor of Law at Stanford Law School and the Director of the Stanford Law School Program in Law,Science &Technology,as well as a founding partner of the law firm of Durie Tangri LLP,which he has been practicing with since 2009.
Jerome Gilson was an American trademark lawyer and author of a multivolume treatise on trademark law.
Freedom of Expression® is a book written by Kembrew McLeod about freedom of speech issues involving concepts of intellectual property. The book was first published in 2005 by Doubleday as Freedom of Expression®:Overzealous Copyright Bozos and Other Enemies of Creativity,and in 2007 by University of Minnesota Press as Freedom of Expression®:Resistance and Repression in the Age of Intellectual Property. The paperback edition includes a foreword by Lawrence Lessig. The author recounts a history of the use of counter-cultural artistry,illegal art,and the use of copyrighted works in art as a form of fair use and creative expression. The book encourages the reader to continue such uses in art and other forms of creative expression.
Roger M. Milgrim is an American intellectual property lawyer,and the author of two multivolume law treatises:Milgrim on Trade Secrets and Milgrim on Licensing.
IDEA:The Law Review of the Franklin Pierce Center for Intellectual Property is a law review published by an independent student organization at the Franklin Pierce Center for Intellectual Property at the University of New Hampshire School of Law.
Frederick Mostert is Past President of the International Trademark Association,currently the President of the Luxury Law Alliance,Of Counsel at Bird &Bird,London and an internationally recognized authority on intellectual property issues. Mostert served as Chief Intellectual Property Counsel and Chief Legal Counsel of luxury group Richemont,which includes Cartier,Van Cleef and Arpels,Alfred Dunhill,and Chloé. He was inducted into the Intellectual Property Hall of Fame in 2015,which honours those who have helped to establish intellectual property as one of the key business assets of the 21st century.
Harold George Fox,was a Canadian lawyer,scholar,and businessman. He was widely known for his texts on Canadian intellectual property law,litigation,and for his involvement in the zipper business.
Shamnad Basheer was an Indian legal scholar and founder of the blog SpicyIP. He was also the founder of IDIA,a trust which works on making legal education accessible for underprivileged students. Basheer was a Ministry of Human Resource Development Chaired Professor of Intellectual Property Law at the WBNUJS,Kolkata,and the Frank H. Marks Visiting Associate Professor of Intellectual Property Law at the George Washington University Law School,and a research associate at the Oxford Intellectual Property Research Center (OIPRC). He founded several initiatives such as SpicyIP,IDIA,P-PIL and Lex Biosis. Basheer intervened in the landmark Novartis case,filed a number of other public interest litigations and took initiative to bring about changes in the IPR regime in India.
Jeffrey E. Jacobson. Jacobson is a member of the Bars of the State of New York and District of Columbia. He is a notable lawyer within the entertainment and intellectual property fields.
Jorge L. Contreras is an American legal scholar and attorney who is recognized as a leading global authority on intellectual property law,technical standardization and the law and policy of human genomics.
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