Bar & Court Admissions

  • State Bar of California
  • United States Court of Appeals for the Ninth Circuit
  • United States District Court for the Northern, Central, Eastern, and Southern Districts of California

Professional Affiliations

Women Lawyers of Alameda County (Board of Directors, 2011-2014)

California Women Lawyers

Community Involvement

Food Runners (Board of Directors, 2015-2016)

Education

University of Virginia School of Law, J.D.

University of Virginia, B.A.

Photo of Ilse C. Scott

Ilse C. Scott

Senior Associate
San Francisco
T: 415.882.7770
F: 415.882.1570
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Ilse Scott is a member of M&R’s Intellectual Property Litigation Group, as well as the firm’s Hospitality Industry Group. With over a decade of litigation experience, she focuses her practice on complex litigation and intellectual property matters in the hospitality and technology industries that involve trade secrets, trademark, copyright, unfair competition, contractual disputes and business torts.

Ms. Scott advises and litigates on behalf of hospitality, internet, software and technology 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 has litigated matters in both federal and state courts in California, and has appeared in federal courts in Florida, Arizona and Pennsylvania. She also routinely represents clients in arbitration and mediation proceedings.

Education 

Ms. Scott earned her J.D. from the University of Virginia School of Law, where she was on the Editorial Board of the Virginia Law Review, a recipient of the Bracewell & Patterson Best Brief Award and a Dillard Fellow. She received her B.A., with distinction, from the University of Virginia.

Awards & Recognitions 

Ms. Scott was named to the list of Northern California Rising Stars each year from 2012-2016. 

Representative Matters

  •  Breach of Contract Defense: A small Californian publisher and distributor of entertainment software games was sued in Florida by a vendor, which alleged breach of contract. Ms. Scott filed a motion to dismiss the lawsuit based on lack of jurisdiction, and settled the case favorably for the client in early mediation before the court issued a ruling.
  • 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.
  • 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 received 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 had recently obtained an assignment of alleged unregistered common-law trademarks developed through prior use.  The plaintiff filed suit shortly after obtaining the assignment, following a lengthy period of inactivity by the assignor.  We countered that the claims were barred by laches, among other defenses, and the case resolved with a very favorable settlement for the client.
  • Trade Secret Claims: Represented a major social gaming company as a plaintiff in litigation against a competitor that included claims of trade secret misappropriation and employee raiding. Former employees had left the plaintiff’s company with designs for a new game that was yet to be released, threatening to be the first to bring the game to the market. Ms. Scott helped obtain a preliminary injunction for the plaintiff.
  • 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 waste it picked up from customers instead of taking it to a licensed disposal facility. When the transporter’s activities were exposed, approximately forty plaintiffs filed suit against companies that had contracted with the transporter, alleging injuries and property damage arising from exposure to improperly dumped 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 that its waste could not have caused the claimed injuries, and 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. The City of Oakland retained us to perform extensive testing and discovery, 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.

Past Speaking Engagements