J. Thomas McCarthy
Senior Professor and Founding Director of the McCarthy Institute for Intellectual Property and Technology Law
Biographical Note
Professor McCarthy is the founding director of USF's McCarthy Institute for Intellectual Property and Technology Law, which is named in his honor. He taught at USF for 36 years. Although he no longer teaches courses, he remains involved in the institute and continues his scholarly activities. He was the recipient of the 2003 President's Award of the International Trademark Association, the 2000 Pattishall Medal for excellence in teaching trademark law from the Brand Names Education Foundation, the 1997 Ladas Professional Author Award from the Brand Names Education Foundation, the 1997 Centennial Award in Trademark Law from the American Intellectual Property Law Association, the 1994 Jefferson Medal from the New Jersey Intellectual Property Law Association, the 1979 Rossman Award of the Patent and Trademark Office Society, and the 1965 Watson Award of the American Intellectual Property Law Association. The American Intellectual Property Lawyers Association named Professor McCarthy "the most influential trademark expert of the 20th century."
Education
BS, University of Detroit
JD, University of Michigan
Scholarship
Link to Professor McCarthy's SSRN Author Page
Books
McCarthy on Trademarks and Unfair Competition, 4th ed. (7
volume treatise) (West Pub. Co., 1996; updated quarterly) (cited as an authority
in over 3,000 judicial decisions).
The Rights of Publicity and Privacy, 2d ed. (2 volume treatise)
(West Pub. Co., 2000; updated annually).
McCarthy’s Desk Encyclopedia of Intellectual Property, 3d ed.
(BNA, 2004) (with R. Schechter & D. Franklyn).
Federal Antitrust Laws: Cases, Text, and Commentary, 4th ed. (West
Pub. Co., 1981) (American Casebook series) (co-author).
Domestic and International Licensing of Technology, 1980 (Practising
Law Institute, 1980) (Patents, Copyrights, Trademarks and Literary Property
Course Handbook series; no. 126) (co-author).
Current Trends in Domestic and International Licensing of Technology
(Practising Law Institute, 1979) (Patents, Copyrights, Trademarks, and Literary
Property Course Handbook series; no. 112) (co-author).
J. Thomas McCarthy on Trademark Law for Business Lawyers: Program Material,
October/November 1978 (Berkeley: California Continuing Education of the
Bar, 1978).
Articles
"Dilution of a Trademark: European and United States Law Compared,"
94 Trademark Reporter 1163 (2004). [Available to Download at SSRN]
"Proving a Trademark Has Been Diluted: Theories or Facts?," 41 Houston
Law Review 713 (2004). [Available to Download at SSRN]
"Protection of the Athlete’s Identity: The Right of Publicity, Endorsements
and Domain Names," 11 Marquette Sports Law Review 1959 (2001)
(co-author).
"Trademarks, Cybersquatters and Domain Names," 10 DePaul-LCA
Journal of Art & Entertainment Law 227 (2000).
"The 1996 Federal Anti-Dilution Statute," 16 Cardozo Arts and
Entertainment Law Journal 587 (1998).
"Domain Names and Trademarks," 9 Australian Intellectual Property
Law Journal 49 (1998).
"The 1996 U.S. Federal Anti-Dilution Statute," 9 Australian
Intellectual Property Law Journal 38 (1998).
"Current Commentary on the Federal Trademark Dilution Act," (includes
responses and replies) 87 Trademark Reporter 490 (1997).
"The Lanham Act Section 43(A): The Sleeping Giant Is Now Wide Awake,"
59 Law and Contemporary Problems 45 (1996).
"The Human Persona As Commercial Property: The Right of Publicity,"
19 Columbia-VLA Journal of Law & Arts 129 (1995) (The Spring 1995
Horace S. Manges Lecture, Columbia University School of Law, March 9, 1995).
"Intellectual Property—America's Overlooked Export," 20 University
of Dayton Law Review 809 (1995) [Reprinted in 28 Intellectual Property
Law Review 315 (1996)].
"High-Tech Trademarks: Selection and Use," 21 AIPLA Quarterly
Journal 265 (1993) (with Christopher M. Pickett).
Presentations
Presenter on trademarks and anti-dilution law, Federal Judicial Center Intellectual
Property Seminar, UC Berkeley (May 2008).