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David J. Franklyn

Professor, Director of the LLM program in IP and Technology Law, and Director of the McCarthy Institute for IP and Technology Law

Professor David J. Franklyn spent five years in private practice as a litigator for Mayer, Brown & Platt in Chicago before he joined the law faculty at Northern Kentucky University Salmon P. Chase College of Law. At Salmon P. Chase College of Law, he received the Outstanding Professor of the Year Award. Franklyn has authored several articles on trademark and liability issues and collaborates with Senior Professor J. Thomas McCarthy on numerous projects.

  • BA, Evangel College
  • JD, University of Michigan
Prior Experience
  • Law Clerk, Hon. John Feikens, U.S. District Court, Eastern District of Michigan
  • Associate, Mayer, Brown & Platt
  • Grant from the Microsoft Corporation to conduct further empirical research on internet search results labeling and paid ad placement (November 2012)
"EC Officially Tosses Google Into Hot Soup"Tech News World04/15/15
"Surveying the Field: The Role of Surveys in Trademark Litigation"Jotwell: The Journal of Things We Like (Lots)02/23/15
"5 Things We Learned About Native Ads in 2014"Digiday12/31/14
"Blurred Lines"NPR’s On the Media09/06/14
"A Stellar Content Plan Can Lead to Business Success"Entrepreneur02/18/14
"Still Battling"The Economist12/12/13
"Native Advertising, Mobile Video, Sharing Competencies, Crisis Responses, and More"a shel of my former self12/06/13
"Benefits, Drawbacks of Native Advertising Claimed at FTC Workshop"Washington Internet Daily12/05/13
"As Online Ads Look More Like News Articles, F.T.C. Warns Against Deception"New York Times12/05/13
"Native Ad Workshop Leaves FTC Perplexed"AdWeek12/04/13
"The Federal Trade Commission Holds a Workshop on Native Advertising"CQ Roll Call12/04/13
"Do You See Better, Worse Or The Same With This Regulation Or With That One"Mondaq12/04/13
"EC Orders Google to Come Up With Better Proposals to End Antitrust Probe"Washington Internet Daily07/18/13
"EU Gives Google Another Do-Over"E-Commerce Times07/17/13
"EU Tells Google to Offer More in Search Probe"The Wall Street Journal, NASDAQ07/17/13
"Bean Ball: Is BofA Throwing Legal Chin Music at L.L. Bean?"Card Hub04/10/13
"Google Sidesteps Legal Trouble"Fast Forward (Bloomberg TV)12/01/10
  • McCarthy’s Desk Encyclopedia of Intellectual Property Law (BNA, Third Edition 2004). (Co-authored with R. Schechter.)
Law Review and Journal Articles
  • "Trademarks As Search-Engine Keywords: Who, What, When?" Intellectual Property Law Review (Forthcoming). (Co-authored with David A. Hyman.)
  • "Trademarks as Search-Engine Keywords: Who, What, When?" 92 Texas Law Review 2117 (2014). Read More
  • "Owning Oneself in a World of Others: Towards a Paid-For First Amendment," Wake Forest Law Review (2014). http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2423655
  • "Trademark Surveys: An Undulating Path," 92 Texas Law Review  2029 (2014).
  • "Trademarks as Keywords: Much Ado About Something?" Harvard Journal of Law And Technology (2013). (Co-authored with David Hyman.) SSRN
  • "The European Court of Justice Rules on Keyword Ads and Trademark Rights," 14 Intellectual Property Law Bulletin 89 (2010). (Remark)
  • "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," Wisconsin Law Review 1251 (2001). SSRN
  • "Media Violence Tort Cases: Problems of Causation and the First Amendment," 27 Northern Kentucky Law Review (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 (1998). SSRN
Book Contributions
    Opinion Pieces and Blog Posts
      Other Publications
          Court Citation of Research
            • Panelist, "Blurred Lines: Advertising or Content," Consumer Recognition, Washington D.C. (December 2013).
            • Presenter, "Trademarks as Keywords: Much Ado About Something?" Stanford Law School, "7th Annual Conference on Empirical Legal Studies," Palo Alto, Calif. (November 2012). (Co-presented with David Hyman.)
            • Panelist, "Government and Quasi-Government Efforts to Protect IP," University of San Francisco School of Law McCarthy Institute and Microsoft Corporation Symposium, "Trademark Law and Its Challenges," New York, N.Y. (February 2012).
            • Presenter, "Welcome Address," San Francisco School of Law McCarthy Institute and Microsoft Corporation Symposium, "Trademark Law and Its Challenges," New York, N.Y. (February 2012).
            • Moderator, "Got Patents? The Strategic Use of Patents to Increase Market Share," University of San Francisco School of Law (November 2011).
            • Panelist, "Effective Methods of Teaching Intellectual Property Law," International Trademark Association Annual Meeting, San Francisco, Calif. (May 2011).
            • Panelist, "Trademarks as Search Engine Keywords: What Do Consumers Really Want?" McCarthy Institute for Intellectual Property and Technology Law and Microsoft Corporation Symposium "Trademark Law and its Challenges in 2011," Redmond, Wash. (February 2011).
            • Presenter, "Report from the Front: Empirical Investigations into Trademarks, Keyword Advertising, and Search Engine Presentation," McCarthy Institute Lecture, University of San Francisco School of Law, (November 2010). (Co-presented with Ben Edelman and David Hyman.)
            • Presenter, "Basic Principles of Trademarks," WIPO/Unitar Seminar on International Intellectual Property, New York, N.Y. (February 2010).
            • Panelist, "Keywords and Search Engine Liability," University of San Francisco School of Law "The Brand as Property: Trademark Law and its Challenges in the New Era," (November 2009).
            • Panelist, "Trademark Year in Review," California State Bar's 34th Annual Intellectual Property Institute, Dana Point (November 2009).
            • Moderator, "A Conversation with Harry Swerdlow: A Dichotomous Life—Doing Well and Doing Good," University of San Francisco School of Law, (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.)
            • Panelist, "Internet Law: Latest Developments of the Internet and Internet Blogging on Trademark Law," International Trademark Association, Seattle, Wash. (May 2009).
            • Presenter, "The Academic Perspective on Cutting-Edge IP Issues," 26th Annual National Continuing Legal Education Conference on Intellectual Property, Vail, Colo. (January 2009).
            • Presenter, "Are Patents, Copyrights, and Trademarks Property?" The State Bar of California 33rd Annual Intellectual Property Institute, (November 2008).
            • Presenter, "Does the Trademark Dilution Cause of Action Make Any Difference?" The State Bar of California 33rd Annual Intellectual Property Institute, (November 2008).
            • Presenter, United States Department of Commerce, Conference on Intellectual Property Rights Enforcement, Beijing, China (June 2008).
            • Presenter, "2007-2008 Trademark Year in Review," Los Angeles Intellectual Property Law Association, Santa Barbara, Calif. (May 2008).
            • Moderator, "What is Net Neutrality?" The Toll Roads? The Legal and Political Debate over Net Neutrality organized by USF Intellectual Property Law Bulletin, (January 2008).
            Testimony and Hearings
              Written Testimony and Commentary
                Advisor or Consultant
                    Symposia Organization
                    • Organizer, McCarthy Institute of Intellectual Property and Technology Law Lecture "IP v. 3.0: The Emerging Role of Intellectual Property Protection in the (Digital) Cloud" (October 2010)
                    • 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."
                    Professional Membership
                        Other Service
                        • Organizer, McCarthy Institute for Intellectual Property and Technology Law Reception, San Francisco, Calif. (2011)