David is a prominent law professor who is considered one of the nation's preeminent experts on intellectual property and technology law. His joint appointment between the Golden Gate University School of Law and the Ageno School of Business provides a unique lens on trademark understanding from both a legal and business perspective.
David 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.
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
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.
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).
Member of the State Bars of California and Illinois
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).