Faculty: David Franklyn
David Franklyn
Title(s):
Professor of Law
School(s):
Business, Law
David Franklyn is a prominent law professor who is considered one of the nation's
preeminent experts on intellectual property and technology law. He joined the faculty
of Golden Gate University in 2018. Since 2000, he has been the Director of the McCarthy
Institute for IP and Technology Law at the University of San Francisco. He consults
with some of the world's leading companies and serves as an expert witness in trademark
and IP cases.
At GGU, Franklyn has a joint appointment between the School of Law and the Ageno School
of Business. This joint appointment will allow students to take classes that integrate
legal and business principles.
courses taught
- Trademark Law
- IP Law
- Branding and Marketing Strategy
- Measuring Consumer Behavior and Choice
RESEARCH INTERESTS & AREAS OF SPECIALIZATION
- Empirical study of trademark law
- Empirical study of consumer perceptions
- Measuring consumer choice and behavior online
- Theoretical foundations of intellectual property law
- Performing and analyzing survey methodology of consumer behavior and marketing strategy
EDUCATION
- JD, University of Michigan Law School
- BA, Evangel College
PROFESSIONAL & TEACHING EXPERIENCE
- Director of the J. Thomas McCarthy Institute for IP and Technology Law.
- Professor of Law, University of San Francisco School of Law, 2000-2018.
- Visiting Professor of Law, University of California, Hastings College of Law, 2006-2007.
- Assistant and Associate Professor of Law, Salmon P. Chase College of Law, Northern Kentucky University, 1996-2000.
- Visiting Assistant Professor of Law, University of Cincinnati College of Law, 1999.
SELECTED PUBLICATIONS
- et al. Going Native: Can Consumers Recognize Native Advertising? Does It Matter?19 Yale J.L. & Tech. 77 (2017).
- with Adam Kuhn. 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).
- with David A. Hyman. Search Bias and the Limits of Antitrust: An Empirical Perspective on Remedies, 55 Jurimetrics 339 (2015).
- with Adam Kuhn. Owning Oneself In a World of Others: Towards a Paid-For First Amendment, 49 Wake Forest L. Rev. 977 (2014).
- with Shari Seidman Diamond. Trademark Surveys: An Undulating Path, 92 Tex. L. Rev. 2029 (2014).
- with David A. Hyman. Trademarks as Search-Engine Keywords: Who, What, When, 92 Tex. L. Rev. 2117 (2014).
- with David A. Hyman. 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).
PROFESSIONAL ASSOCIATIONS
- Member of the State Bars of California and Illinois
- Franklyn IP Consulting
- Keystone Strategy, LLC
honors & awards
- 2016 Rossman Award for article: with Adam Kuhn. 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).