Research

The McCarthy Institute Research

Award-winning publications cited by lawyers, judges, and regulators

The McCarthy Institute scholarship is published in leading peer-reviewed law journals and is widely recognized throughout the legal industry as respected commentary on complex issues. In 2016, the US Patent and Trademark Office Society recognized one of our publications with the prestigious Dr. Joseph Rossman Memorial Award for the greatest contribution to the field of Patents, Trademarks and Copyrights.

Going Native: Can Consumers Recognize Native Advertising?
Does It Matter?

19 Yale J.L. & Tech. 77 (2017).

The Problem of Mop Heads in the Era of Apps: Toward More Rigorous Standards of Value Apportionment in Contemporary Patent Law

98 J. Pat. & Trademark Off. Soc'y 182 (2016) (Winner of the 2016 PTO Society Rossman Award for the greatest contribution to the field of patents, trademarks and copyrights)

Search Bias and the Limits of Antitrust: An Empirical Perspective on Remedies

55 Jurimetrics 339 (2015).

Owning Oneself In a World of Others: Towards a Paid-For First Amendment

49 Wake Forest L. Rev. 977 (2014).

Trademark Surveys: An Undulating Path

92 Tex. L. Rev. 2029 (2014).

Trademarks as Search-Engine Keywords: Who, What, When

92 Tex. L. Rev. 2117 (2014).

Trademarks as Search Engine Keywords: Much Ado About Something?

26 Harvard J. L. & Tech. 481 (2013).

The European Court of Justice Rules on Keyword Ads and Trademark Rights

14 Intell. Prop. L. Bull. 89 (2010).

The New Federal Anti-Dilution Act: Reinstating the Myth of Likely Dilutive Harm as a Mask Anti-Free-Rider Liability

11 Intell. Prop. L. Bull. 199 (2007).

Debunking Dilution Doctrine: Toward a Coherent Theory of the Anti-Free-Rider Principle in American Trademark Law

56 Hastings L.J. 117 (2004).

Owning Words in Cyberspace: The Accidental Trademark Regime

2001 Wis. L. Rev. 1251 (2001).

The Apparent Manufacturer Doctrine, Trademark Licensors and the Third Restatement of Torts

49 Case W. Res. L. Rev. 671 (1999).

Toward a Coherent Theory of Strict Tort Liability for Trademark Licensors

72 S. Cal. L. Rev. 1 (1998).