Tech Law Gets New Home
The surge in high-tech over the last decade brought with it a mounting need for attorneys versed in the fine points of intellectual property and technology law. In response, many law schools across the country rushed to establish courses for students aspiring to be part of the technology revolution—except for the University of San Francisco School of Law.
 USF has had a rich tradition of cutting-edge intellectual property and trademark legal education since the 1970s. When the dot-com age dawned, USF was well prepared, thanks in large part to Professor J. Thomas McCarthy (seen left), who has taught at USF for more than 30 years and is regarded as the most influential trademark attorney in the United States.
“Tom McCarthy was doing pioneering work in this field before it was fashionable,” said School of Law Dean Jeffrey Brand. “I don’t think there is anyone who has shaped trademark law more than Tom McCarthy. His treatise, Trademark and Unfair Competition, is on the shelf of every judge and attorney who deals with these issues.”
The University is building on McCarthy’s reputation by establishing the J. Thomas McCarthy Institute for Intellectual Property and Technology Law. The institute will emphasize the relationship between intellectual property law, cyberlaw, emerging technologies, and globalization. The institute will host scholarly conferences, an annual scholar-in-residence program, student externships, and a speaker series.
The law school offers 20 courses in intellectual property and cyberlaw, and students have the option of earning an intellectual property certificate with their degrees.
A master of laws program in intellectual property and technology law has also been established. The first students of the new degree program are expected to enroll in fall 2002.
When he began his career in trademark law, McCarthy had no idea how the field would explode in the decades ahead. “It was pure Irish luck that I landed in a field that grew like this,” he said. “I started out as an engineer, then went to law school. It was a natural progression for someone who knows technology to write patents.”
In 1973, McCarthy published the first of a six-volume series, Trademark and Unfair Competition. The series is widely regarded as the definitive source on trademark law. He has also been cited in more than 1,000 judicial opinions. McCarthy’s Desk Encyclopedia of Intellectual Property is equally esteemed. He is also the author of the two-volume book, The Rights of Publicity and Privacy, the only comprehensive source on the topic.
While McCarthy is the founding director of the institute, David Franklyn, associate professor of law, is the executive director, and Susan Freiwald, professor of law, is the director of cyberlaw. Other institute faculty include Robert Talbot, Frederick Tung, and Lothar Determan, a visiting associate professor from Germany.
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