Mark Bartholomew
Associate Professor
B.A., Cornell University, 1994
J.D., Yale Law School, 2000
University at Buffalo Law School
The State University of New York
617 O'Brian
Hall, North Campus
Buffalo, NY 14260-1100
Phone:(716) 645-5959
Faculty Assistant:
Mary Voglmayr, 622 O'Brian Hall, Phone: (716) 645-5984
Biography:
Professor Bartholomew's scholarship focuses on the historical and normative underpinnings of intellectual property law. In particular, his research explores the impact of technological change and burgeoning intellectual property regimes on cultural output and the construction of social identity; the evolution of advertising law based on popular understandings of human cognition; and the growing divergence in indirect liability standards for copyright, trademark, and other legal subject areas. Professor Bartholomew teaches a variety of classes relating to these research interests including copyright, trademarks, cyberlaw, advertising law, and the intellectual property survey course.
Professor Bartholomew received his B.A. from Cornell in 1994 and his J.D. from Yale Law School in 2000. After clerking for Cynthia Holcomb Hall, Senior Judge for the Ninth Circuit Court of Appeals, he practiced law with the firm of Howard, Rice, Nemerovski, Canady, Falk and Rabkin in San Francisco for three years, handling a variety of civil litigation matters including trademark infringement, bankruptcy, and securities regulation. Before joining the University at Buffalo faculty in 2006, he worked as a deputy county counsel for the County Counsel of Sonoma County where he represented the county in employment benefit and mental health conservatorship cases.
In 2008, Bartholomew received the Faculty Award, a teaching award, from the graduating class.
Areas of Interest: Intellectual Property, Cyberlaw, Legal History, Advertising Law
Selected Publications:
Articles
Contributory Infringers and Good Samaritans, Akron Intellectual Property Law Journal (forthcoming 2009) [SSRN]
Cops, Robbers, and Search Engines: The Role of Criminal Law in Contributory Infringement Doctrine, Brigham Young University Law Review (2009) [SSRN]
Copyright, Trademark and Secondary Liability after Grokster, Columbia Journal of Law & the Arts vol. 33 (2009) [SSRN]
Advertising and the Transformation of Trademark Law, New Mexico Law Review vol. 38 (2008) (one of three finalists for the Ladas Memorial Award) [SSRN].
Advertising in the Garden of Eden, Buffalo Law Review vol. 55: 737-775 (2007) [SSRN].
The Secret Life of Legal Doctrine: The Divergent Evolution of Secondary Liability in Trademark and Copyright Law, Berkeley Technolgoy Law Journal 1363 (2006) (co-authored with John Tehranian) [SSRN].
Making a Mark in the Internet Economy: A Trademark Analysis of Search Engine Advertising, Oklahoma Law Review vol. 58: 179-220 (2005).
Legal Separation: The Relationship Between Law Schools and the Central University in the Late Nineteenth Century, Journal of Legal Education vol. 53: 368-403 (2003).
Protecting the Performers: Setting a New Standard for Character Copyrightability, Santa Clara Law Review vol. 41: 341-378 (2001).
Judicial Deference and Sexual Discrimination in the University, Buffalo Women's Law Journal vol. 8: 55-92 (2000).
