J. Thomas McCarthy
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J. Thomas McCarthy (born July 2, 1937 in
Detroit Detroit ( , ) is the List of municipalities in Michigan, most populous city in the U.S. state of Michigan. It is situated on the bank of the Detroit River across from Windsor, Ontario. It had a population of 639,111 at the 2020 United State ...
, Michigan) is a Professor Emeritus at the
University of San Francisco School of Law The University of San Francisco School of Law (USF Law) is the law school of the private University of San Francisco. Established in 1912, it received American Bar Association accreditation in 1935 and joined the Association of American La ...
and an internationally recognized authority in the field of trademarks.''2000–2018 President’s Award Winners''
International Trademark Association The International Trademark Association is concerned with protecting trademarks and complementary intellectual property via advocacy work and offering educational programs and legal resources. The association's nearly 6,500 member organization ...
He is the founding director of the McCarthy Institute for Intellectual Property and Technology Law. He has practiced, written, and taught in the field of
trademarks A trademark (also written trade mark or trade-mark) is a form of intellectual property that consists of a word, phrase, symbol, design, or a combination that identifies a product or service from a particular source and distinguishes it from ot ...
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''. 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 The United States Patent and Trademark Office (USPTO) is an List of federal agencies in the United States, agency in the United States Department of Commerce, U.S. Department of Commerce that serves as the national patent office and trademark ...
.


Education and personal life

He holds a degree in
electrical engineering Electrical engineering is an engineering discipline concerned with the study, design, and application of equipment, devices, and systems that use electricity, electronics, and electromagnetism. It emerged as an identifiable occupation in the l ...
from the
University of Detroit The University of Detroit Mercy is a private Catholic university in Detroit, Michigan, United States. It is sponsored by both the Society of Jesus (Jesuits) and the Sisters of Mercy. The university was founded in 1877 and is the largest Catho ...
in 1960. He worked as an engineer for
Chrysler FCA US, LLC, Trade name, doing business as Stellantis North America and known historically as Chrysler ( ), is one of the "Big Three (automobile manufacturers), Big Three" automobile manufacturers in the United States, headquartered in Auburn H ...
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 Explorer 1 was the first satellite launched by the United States in 1958 and was part of the U.S. participation in the International Geophysical Year (IGY). The mission followed the first two satellites, both launched by the Soviet Union duri ...
satellite in January 1958. He earned his law degree from the
University of Michigan Law School The University of Michigan Law School (branded as Michigan Law) is the law school of the University of Michigan, a public research university in Ann Arbor, Michigan. Founded in 1859, the school offers Master of Laws (LLM), Master of Comparati ...
in 1963. He is the son of John Edward McCarthy. He has been reported to be an avid watercolor painter.


Legal career

For over twenty years until 2022, McCarthy was an
of counsel Of counsel is the title of an attorney in the legal profession of the United States who often has a relationship with a law firm or an organization but is neither an associate nor partner. Some firms use titles such as "counsel", "special couns ...
consultant with the law firm of
Morrison & Foerster Morrison & Foerster LLP (also known as MoFo) is an American multinational law firm headquartered in San Francisco, California, with 17 offices located throughout the United States, Asia, and Europe. History In 1883, Alexander Francis Morrison ...
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 In American jurisprudence, the ''Restatements of the Law'' are a set of treatises on legal subjects that seek to inform judges and lawyers about general principles of common law. There are now four series of ''Restatements'', all published by the ...
of
Unfair Competition Anti-competitive practices are business or government practices that prevent or reduce competition in a market. Antitrust laws ensure businesses do not engage in competitive practices that harm other, usually smaller, businesses or consumers. ...
and a member of the Trademark Review Commission, which drafted the 1989 revisions to the
Lanham Act The Lanham (Trademark) Act (, codified at et seq. () is the primary federal statute governing trademark law in the United States. The Lanham Act establishes a national system of trademark registration and grants owners of federally registe ...
. He served for several years on the Editorial Board of '' The Trademark Reporter''. The American Intellectual Property Lawyers Association has named McCarthy the most influential trademark expert of the 20th century. 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."


Awards and lectures

McCarthy has been the recipient of many significant awards during his career. * The 2003 President's Award of the
International Trademark Association The International Trademark Association is concerned with protecting trademarks and complementary intellectual property via advocacy work and offering educational programs and legal resources. The association's nearly 6,500 member organization ...
* The 2000 Pattishall Medal for excellence in teaching trademark law from the Brand Names Education Foundation * The 1997 Ladas Professional Author Award from the Brand Names Education Foundation * The 1997 Centennial Award in Trademark Law from the
American Intellectual Property Law Association The American Intellectual Property Law Association (AIPLA), headquartered in Crystal City, Arlington County, Virginia, is a U.S., voluntary bar association constituted primarily of lawyers in private and corporate practice, in government service, ...
* The 1994 Jefferson Medal from the New Jersey Intellectual Property Law AssociationLAUNER, 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.
* The 1979 Rossman Award of the
Patent and Trademark Office Society The Patent and Trademark Office Society (PTOS) is an American society of intellectual property professionals. The society publishes a quarterly journal, the '' Journal of the Patent and Trademark Office Society'' (JPTOS). History Founded in 19 ...
* The 1965 Watson Award of the
American Intellectual Property Law Association The American Intellectual Property Law Association (AIPLA), headquartered in Crystal City, Arlington County, Virginia, is a U.S., voluntary bar association constituted primarily of lawyers in private and corporate practice, in government service, ...
. In 2012, McCarthy was inducted into Intellectual Asset Management Magazine's Intellectual Property Hall of Fame. In 2018, he received the Lifetime Achievement Award from World Trademark Review magazine. He has delivered a number of significant lectures including the 1999 Niro Lecture at
DePaul University College of Law DePaul University College of Law is the law school of DePaul University, a private Catholic research university in Chicago, Illinois. It employs more than 125 full- and part-time faculty members and enrolls more than 500 students in its Juri ...
, the 1997 Tenzer Lecture at Cardozo Law School, the 1995 H.S. Manges Lecture at
Columbia University Columbia University in the City of New York, commonly referred to as Columbia University, is a Private university, private Ivy League research university in New York City. Established in 1754 as King's College on the grounds of Trinity Churc ...
, and the 1989 Boal Memorial Lecture for the Brand Names Education Foundation at
Northwestern University Northwestern University (NU) is a Private university, private research university in Evanston, Illinois, United States. Established in 1851 to serve the historic Northwest Territory, it is the oldest University charter, chartered university in ...
. In 1994, he was the Biebel & French Distinguished Visiting Scholar in Law & Technology at the
University of Dayton The University of Dayton (UD) is a Private university, private, Catholic research university in Dayton, Ohio, United States. Founded in 1850 by the Society of Mary (Marianists), Society of Mary, it is one of three Marianist universities in the U ...
.


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. 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).


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 Arizona State University (Arizona State or ASU) is a public university, public research university in Tempe, Arizona, United States. Founded in 1885 as Territorial Normal School by the 13th Arizona Territorial Legislature, the university is o ...
Sandra Day O'Connor College of Law The Sandra Day O'Connor College of Law (ASU Law) is the law school at Arizona State University in Phoenix, Arizona. The school is in the Beus Center for Law and Society on ASU's downtown Phoenix campus. Created in 1965 as the Arizona State Unive ...
. The institute focuses on IP law, the technologies powering brand development, and the consumer behaviors that make up brand perception.
McCarthy Institute Factsheet
''
Arizona State University Arizona State University (Arizona State or ASU) is a public university, public research university in Tempe, Arizona, United States. Founded in 1885 as Territorial Normal School by the 13th Arizona Territorial Legislature, the university is o ...


References


External links

* McCarthy Institute for Intellectual Propert

{{DEFAULTSORT:McCarthy, J. Thomas 1937 births Living people University of San Francisco faculty University of Dayton faculty Lawyers from Detroit University of Detroit Mercy alumni University of Michigan Law School alumni People associated with Morrison & Foerster