J. Thomas McCarthy
Born (1937-07-02) July 2, 1937
Detroit, Michigan
NationalityAmerican
TitleProfessor Emeritus, University of San Francisco School of Law
Academic background
EducationUniversity of Detroit
University of Michigan Law School
Academic work
DisciplineIntellectual Property & Technology Law
Notable worksMcCarthy on Trademarks and Unfair Competition
The Rights of Publicity and Privacy (with Roger Schechter)
McCarthy’s Desk Encyclopedia of Intellectual Property

J. Thomas McCarthy (born July 2, 1937 in Detroit, Michigan) is a Professor Emeritus at the University of San Francisco School of Law and an internationally recognized authority in the field of trademarks.[1][2] He is the founding director of the McCarthy Institute for Intellectual Property and Technology Law.[3] He has practiced, written, and taught in the field of trademarks and unfair competition and is a frequent speaker on the subject. He is the author of the authoritative work on intellectual property law, McCarthy on Trademarks and Unfair Competition.[4]

McCarthy is a member of the California and U.S. Supreme Court bars and is admitted to practice before the United States Patent and Trademark Office.

Education and personal life

He holds a degree in electrical engineering from the University of Detroit in 1960.[2] He worked as an engineer for Chrysler Corporation Missile Division in the early days of the space program on the Redstone missile, a version of which was used to launch the Explorer I satellite in January 1958. He earned his law degree from the University of Michigan Law School in 1963.[2]

He is the son of John Edward McCarthy.

He has been reported to be an avid watercolor painter.[5]

For over twenty years until 2022, McCarthy was an of counsel consultant with the law firm of Morrison & Foerster in its San Francisco office. He was a member of the A.L.I. Advisory Committee involved in drafting the 1995 Restatement of the Law of Unfair Competition and a member of the Trademark Review Commission, which drafted the 1989 revisions to the Lanham Act.[6] He served for several years on the Editorial Board of The Trademark Reporter.[1]

The American Intellectual Property Lawyers Association has named McCarthy the most influential trademark expert of the 20th century.[2] In 2010, American Lawyer listed McCarthy as one of the 25 most influential people in intellectual property. In their award, they wrote that "to say J. Thomas McCarthy wrote the book on trademark law is accurate, but something of an understatement."[7][8]

Awards and lectures

McCarthy has been the recipient of many significant awards during his career.

In 2012, McCarthy was inducted into Intellectual Asset Management Magazine's Intellectual Property Hall of Fame.[10] In 2018, he received the Lifetime Achievement Award from World Trademark Review magazine.[5]

He has delivered a number of significant lectures including the 1999 Niro Lecture at DePaul University College of Law, the 1997 Tenzer Lecture at Cardozo Law School, the 1995 H.S. Manges Lecture at Columbia University, and the 1989 Boal Memorial Lecture for the Brand Names Education Foundation at Northwestern University.[9][11] In 1994, he was the Biebel & French Distinguished Visiting Scholar in Law & Technology at the University of Dayton.[9]

Publications

McCarthy is the author of the seven volume treatise McCarthy on Trademarks and Unfair Competition, (5th edition Thomson Reuters) which has been relied upon as authority in over 7000 judicial opinions, including 16 opinions of the United States Supreme Court.[12] The treatise was first published in 1973 in two volumes.

Other books written by McCarthy include the two-volume treatise The Rights of Publicity and Privacy (with Roger Schechter) and McCarthy’s Desk Encyclopedia of Intellectual Property (Third Edition), (with Schechter & Franklyn).[13][14]

McCarthy Institute

McCarthy is the founding director of the McCarthy Institute for Intellectual Property and Technology Law. The institute is now located at the Arizona State University Sandra Day O'Connor College of Law.[3] The institute focuses on IP law, the technologies powering brand development, and the consumer behaviors that make up brand perception.[15]

References

  1. 1 2 3 2000–2018 President’s Award Winners. International Trademark Association
  2. 1 2 3 4 "Technology | Academics | Policy - J. Thomas McCarthy". www.techpolicy.com. Retrieved 2023-04-03.
  3. 1 2 "The McCarthy Institute | ASU | Sandra Day O'Connor College of Law". law.asu.edu. Retrieved 2023-02-13.
  4. ↑ "McCarthy on Trademarks and Unfair Compe... | Legal Solutions". store.legal.thomsonreuters.com. Retrieved 2023-04-03.
  5. 1 2 3 4 5 "Lifetime Achievement Award: J Thomas McCarthy". World Trademark Review. June 19, 2018. Retrieved 2023-02-13.
  6. ↑ "The United States Trademark Association Trademark Review Commission Report and Recommendations to USTA President and Board of Directors" (PDF). The Trademark Reporter. {{cite journal}}: Cite journal requires |journal= (help)
  7. ↑ "American Lawyer Recognizes McCarthy | University of San Francisco". www.usfca.edu. Retrieved 2023-02-13.
  8. ↑ "The 25 Most Influential People in IP". Corporate Counsel. Retrieved 2023-02-13.
  9. 1 2 3 4 5 LAUNER, E. E. (1996). Review of McCARTHY’S DESK ENCYCLOPEDIA OF INTELLECTUAL PROPERTY, SECOND EDITION, by J. T. McCARTHY. Berkeley Technology Law Journal, 11(1), 219–231.
  10. ↑ "J Thomas McCarthy – iphalloffame". Retrieved 2023-02-13.
  11. ↑ J. T. McCarthy, Trademarks, Cybersquatters and Domain Names, 10 DePaul J. Art, Tech. & Intell. Prop. L. 231 (2000)
  12. ↑ For example: https://www.supremecourt.gov/opinions/19pdf/19-46_8n59.pdf
  13. ↑ McCarthy, J. Thomas (1987). The Rights of Publicity and Privacy. C. Boardman. ISBN 978-0-87632-524-7.
  14. ↑ McCarthy, J. Thomas (1995). McCarthy's Desk Encyclopedia of Intellectual Property. Bureau of National Affairs. ISBN 978-0-87179-899-2.
  15. ↑ McCarthy Institute Factsheet. Arizona State University
  • McCarthy Institute for Intellectual Property
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