J. Thomas McCarthy
Senior Professor and Founding Director of the McCarthy Institute for Intellectual Property and Technology Law
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 recent developments in trademark law, Thomson-Reuters-West Publishing Company Seminar at the National Bar Association Annual Meeting, San Diego (August 2009).
Presenter on trademarks and anti-dilution law, Federal Judicial Center Intellectual Property Seminar, UC Berkeley (May 2008).