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Nossaman LLP

Ilse Scott

Partner

T 415.438.7237
F 415.398.2438
50 California Street, 34th Floor
San Francisco, CA 94111

Ilse Scott focuses her practice on complex litigation and intellectual property matters in the technology and hospitality industries that involve trade secrets, trademark, copyright, unfair competition, contractual disputes and business torts.  With over a decade of litigation experience, she advises and litigates on behalf of technology and hospitality industry clients to protect their intellectual property rights and defend their interests in high-stakes litigation. She has significant expertise prosecuting and defending complaints involving trade secrets, copyrights, and trademarks, including proceedings before the Trademark Trial and Appeal Board, and representation before the International Trade Commission.

Ms. Scott has a proven track record representing both plaintiffs and defendants in “bet the company” litigation. She has successfully obtained early resolution of pivotal claims through dismissal and summary judgment, and has procured favorable settlements and judgments for her clients. She has considerable experience handling online content management issues, including developing holistic strategies to effectively respond to defamatory and/or infringing content posted on social media and other third-party websites. In addition, Ms. Scott is proficient in music copyright and licensing issues, including those that frequently arise in the hospitality industry, such as public performance licensing requirements and exemptions. Ms. Scott routinely litigates matters in the federal and state courts of California, and has also appeared in federal courts in other states across the country. She also routinely represents clients in arbitration and mediation proceedings.

Representative Work

  • Breach of Contract Defense: A small Californian publisher and distributor of entertainment software games was sued in Florida for breach of contract. Ms. Scott filed a motion to dismiss the lawsuit for lack of jurisdiction.  With the pending threat of dismissal on jurisdictional grounds, Ms. Scott was able to settle the case favorably for the client in an early mediation.
  • Breach of Contract: Successfully defended a major computer hardware manufacturer against breach of contract allegations with consequential damages exceeding $45 million, including attorneys’ fees, arising out of a multi-million dollar real estate transaction in San Jose, California, in a six-week binding arbitration before JAMS.
  • Trademark Infringement: Represented the plaintiff in a trademark infringement action brought by the designer and manufacturer of a unique medical device against its competitor, which was infringing on its trademarks and deliberately confusing customers in an effort to increase the competitor’s market share and dilute the plaintiff’s brand. The client obtained a very favorable result at the end of the proceedings, with the competitor’s manufacture and sale of competing devices shut down.
  • Trademark Infringement: Defended a trademark infringement case brought by a furniture designer against a competitor. Although the defendant held federally-registered trademarks, the plaintiff alleged it had recently obtained an assignment of unregistered common-law trademarks developed through prior use. The plaintiff filed suit shortly after the assignment, following a lengthy period of inactivity by the assignor. Defendant responded by asserting that the claims were barred by laches, among other defenses, and the case was resolved with a very favorable settlement for the client. 
  • Trade Secret Claims: Represented a major social gaming company as a plaintiff in litigation against its competitor, including claims of trade secret misappropriation and employee raiding. Former employees had left the plaintiff’s company carrying designs for a new game that was yet to be released, threatening to be the first to bring the game to the market. To prevent that from happening, it was critical that the plaintiff obtain a preliminary injunction to prevent the defendant from releasing the game first, and thereby irreparably harming the plaintiff’s business.  The court granted the preliminary injunction, which paved the way for prompt resolution of the dispute.
  • Trade Secret Misappropriation; Patent Infringement: Represented the designer and manufacturer of a unique medical device in trade secret misappropriation and patent infringement litigation against a competitor, including multistate litigation and proceedings before the International Trade Commission. The client received a very favorable result at the end of the proceedings, with the competitor’s manufacture and sale of the competing devices shut down.
  • Waste Disposal Defense: Represented a manufacturer of personal care products, which had contracted with a waste transporter to pick up and deliver manufacturing waste to a waste disposal facility. Unbeknownst to her client, the transporter was unlawfully dumping the waste instead of taking it to a licensed disposal facility. When the transporter’s activities were uncovered, approximately forty plaintiffs filed suit against companies that had contracted with the transporter, alleging injuries and property damage arising from exposure to improperly disposed toxins. Plaintiffs claimed Ms. Scott’s client should have known that the waste company was acting illegally. Ms. Scott obtained fact and expert discovery that made a strong case that the transporter had deceived her client with forged documentation, and further that its waste could not have caused the plaintiffs’ injuries.  As a result, she obtained a favorable settlement for her client.
  • Negligence and Inverse Condemnation Defense: McKillop Road in Oakland had a 75-year history of landslides. In 2006, the last portion of the hillside gave way, substantially damaging numerous homes. These property owners banded together and pursued lawsuits against various public agencies, in which they alleged that improper maintenance of the roadways, sub-surface infrastructure, and a creek at the base of the hillside led to the catastrophe. Representing the City of Oakland, Ms. Scott obtained extensive discovery and test results, which resulted in the City making a compelling case that the cause of the landslide had nothing to do with the City’s maintenance practices. The City resolved the entire litigation for nominal settlements, while the property owners proceeded to trial against other defendants.
     
Ilse  Scott
Ilse  Scott

Practices

Education

B.A., University of Virginia, with distinction

J.D., University of Virginia School of Law, Bracewell & Patterson Best Brief Award Recipient, Dillard Fellow

Professional Affiliations

Women Lawyers of Alameda County, Board of Directors, 2011 – 2014.

California Women Lawyers

Food Runners, Board of Directors, 2015 - 2016

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