David J Franklyn

Professor Franklyn's SSRN Author Page

Publications:

Books

McCarthy’s Desk Encyclopedia Of Intellectual Property Law, 3d ed. (BNA, 2004)  (co-author with R. Schechter).

Articles

"The New Federal Anti-Dilution Act: Reinstating the Myth of 'Likely' Dilutive Harm as a Mask for Anti-Free-Rider Liability," 11 Intellectual Property Law Bulletin 199 (2007).

"Debunking Dilution Doctrine: Toward a Coherent Theory of the Anti-Free-Rider Principle in American Trademark Law," 56 Hastings Law Journal 117 (2004). [SSRN]

"Owning Words in Cyberspace: The Accidental Trademark Regime," 2001 Wisconsin Law Review 1251. [SSRN]

"Media Violence Tort Cases: Problems of Causation and the First Amendment," 27 Northern Kentucky Law Review i (2000) (symposium issue).

"The Apparent Manufacturer Doctrine, Trademark Licensors and the Third Restatement of Torts," 49 Case Western Reserve Law Review 671 (1999). [SSRN]

"Products Liability: Is the Best Redefining the Offense?," 26 Northern Kentucky Law Review 531 (1999) (symposium issue).

"Toward a Coherent Theory of Strict Tort Liability for Trademark Licensors," 72 Southern California Law Review 1 (1998). [SSRN]

Presentations

Presenter, "Basic Principles of Trademarks," WIPO/Unitar Seminar on International Intellectual Property, New York (February 2010).

Participant, "Trademark Year in Review," California State Bar's 34th Annual Intellectual Property Institute, Dana Point, CA (November 2009).

Panelist, "Keywords and Search Engine Liability," at "The Brand as Property: Trademark Law and its Challenges in the New Era," University of San Francisco (November 2009).

Host, "The Brand as Property: Trademark Law and its Challenges in the New Era," University of San Francisco (November 2009). Franklyn and the McCarthy Institute for Intellectual Property and Technology Law hosted the symposium, and Franklyn also introduced the keynote address "Trademark Law Needs New Defenses."

Moderator, "A Conversation with Harry Swerdlow: A Dichotomous Life--Doing Well and Doing Good," Kendrick Hall, USF School of Law, San Francisco (October 2009). Co-hosted with Center for Law and Ethics, Franklyn interviewed Harry Swerdlow, a Los Angeles attorney, on his life as a commercial and public interest lawyer.

Presenter “Does the Trademark Dilution Cause of Action Make Any Difference?” and “Are Patents, Copyrights, and Trademarks Property?” at The State Bar of California 33rd Annual Intellectual Property Institute in November

Presenter, United States Department of Commerce, Conference on Intellectual Property Rights Enforcement, Beijing, China (June 2008).