Meet the Faculty

Full-Time Faculty

David S. Welkowitz

Professor of Law

  • A.B., Princeton University
  • J.D. , New York University

Contact Information

.(JavaScript must be enabled to view this email address)
Tel. 714.444.4141 ext. 229
Fax. 714.444.1854
Building Two, Room 229

Courses Offered

Professor Welkowitz joined the Whittier faculty in 1983. Prior to that time, he practiced law as a litigation associate with Stroock & Stroock & Lavan in New York. At Whittier, he has taught numerous courses, to first-years and upper-level students alike. His primary teaching emphases have been Civil Procedure and intellectual property, particularly Trademark law. He has also created more than a dozen lessons for the Center for Automated Legal Instruction (CALI) in Civil Procedure, Trademarks, and Copyright. He was a CALI Fellow in Trademarks in 2003 and a CALI Fellow in Copyright in 2004. From 2006-2009, he served as the Director of the Whittier Law School Center for Intellectual Property Law. His scholarship has ranged from topics in Civil Procedure to various intellectual property issues, both domestic and international. He is the author of a treatise on Trademark Dilution law and a co-author of a casebook on Rights of Publicity. His articles have been cited by courts, treatise writers in both Civil Procedure and Trademarks, and numerous articles.

Books

  • Trademark Dilution: Federal, State, and International Law (BNA Books 2002); Cumulative Supplements: 2003, 2004, 2005, 2006, 2007, 2008, 2009.
  • Celebrity Rights: Rights of Publicity and Related Rights in the United States and Abroad (with Tyler T. Ochoa) (Carolina Academic Press 2010)

Articles

  • Famous Marks Under the TDRA, 99 Trademark Rep. 983 (July-Aug. 2009)
  • Teaching Rights of Publicity: Blending Copyright and Trademark, Common Law and Statutes, and Domestic and Foreign Law (with Tyler T. Ochoa), 52 St. Louis Univ. L. Rev. 905 (2008)
  • State of the State: Is There a Future For State Dilution Laws?, 24 Santa Clara Comp. & High Tech. L.J. (2007-2008)
  • The Terminator as Eraser: How Arnold Schwarzenegger Used the Right of Publicity to Terminate Non-defamatory Political Speech, (with Tyler T. Ochoa), 45 Santa Clara Law Review 651 (2005)
  • The Supreme Court and Trademark Law in the New Millennium, 30 William Mitchell Law Review 1659 (2004) (symposium issue)
  • Intellectual Property and DNA: Copyright and Trademark Applications, 24 Whittier Law Review 473 (2002)
  • Trademark Dilution in the U.K. and Canada: Inexorable Trend or Will Tradition Triumph?, 24 Hastings International & Comparative Law Review 63 (2000).
  • Trade Dress and Patent: The Dilemma of Confusion, 30 Rutgers Law Journal 289 (1999).
  • Oh Deere, What’s to Become of Dilution? (A Commentary on the New Federal Trademark Dilution Act), 4 UCLA Entertainment Law Review 1 (1996).
  • Catching Smoke, Nailing Jell-O to a Wall: The Vanna White Case and the Limits of Celebrity Rights, 3 Journal of Intellectual Property Law 67 (1995).
  • The Problem of Concurrent Use of Trademarks: An Old/New Proposal, 28 University of Richmond Law Review 315 (1994).
  • Preemption, Extraterritoriality and the Problem of State Antidilution Laws, 67 Tulane Law Review 1 (1992).
  • Reexamining Trademark Dilution, 44 Vanderbilt Law Review 531 (1991).
  • Going to the Limits of Due Process: Myth, Mystery and Meaning, 28 Duquesne Law Review 233 (1990).
  • Trademark Parody After Hustler Magazine v. Falwell, 11 Communications and the Law 65 (1989).
  • Some Thoughts on Corporate Venue and Other Foibles, 10 Whittier Law Review 721 (1989).
  • The Trouble With Service by Mail, 67 Nebraska Law Review 289 (1988).
  • Beyond Burger King: The Federal Interest in Personal Jurisdiction, 56 Fordham Law Review 1 (1987).
  • Smoke in the Air: Commercial Speech and Broadcasting, 7 Cardozo Law Review 47 (1985).

Briefs Amicus Curiae

  • Comedy III Productions, Inc. v. Saderup, 25 Cal. 4th 387, 106 Cal. Rptr. 2d 126, 21 P.3d 797 (2001) (written in support of reversal of Court of Appeal).
  • Winter v. DC Comics, 30 Cal. 4th 881, 69 P.3d 473, 134 Cal. Rptr. 2d 634, 66 U.S.P.Q.2d 1954 (2003) (with Tyler Ochoa) (written in support of reversal of Court of Appeal).

Recent Presentations

  • October 2007: \“The Future of State Dilution Law\”, Symposium, Trademark Dilution: Theoretical and Empirical Inquiries, Santa Clara University School of Law, Santa Clara, CA
  • August 2008: \“Finding the Right Factfinder: Judge vs. Jury in Dilution Cases\”, IP Scholars Conference, Stanford Law School, Palo Alto, CA
  • January 2009: \“Fame After the TDRA\”, International Trademark Association, San Diego, CA
  • March 2009: Trademarks—Highlights for 2008-09, 11th Annual Richard C. Sughrue Symposium on Intellectual Property Law and Policy, Akron Law School, Akron, Ohio
  • June 2009: Trademarks—Year in Review, Spring Seminar, LAIPLA-OCPLA, Lake Arrowhead, CA
  • August 2009: \“IP Tourism,\” IP Scholars Conference, Cardozo Law School, New York, NY

Computer Lessons (Distributed by CALI)

  • “The Geographic Scope of Trademark Protection” 
*This program was awarded First Place in the 1998 Donald Trautman CALI Lesson Writing Competition*
  • “An Interpleader Primer”
  • “Joinder of Claims and Parties”
  • “A Review of Joinder”
  • CALI Fellow in Trademarks, Fall 2003; CALI Fellow in Copyright, Fall 2004 (ten lessons combined in these areas of law)