Scott P. Shaw is the Managing Partner of Merchant & Gould’s Los Angeles office. As an experienced IP trial attorney, Scott focuses his practice on litigation, supporting clients in protecting their IP and defending against infringement allegations. His experience includes matters involving copyrights, trademarks, trade dress, patents, trade secrets, false advertising, unfair competition, contract and licensing, and class actions.

As a dedicated counselor, Scott is widely known for developing successful litigation strategies at the outset of a case. With his breadth of knowledge, he works closely to identify legal issues, gather all relevant facts, and advise clients on the various options for achieving their objectives. Clients often rely on Scott’s advice when facing complex disputes.

Throughout his career, Scott has handled numerous lawsuits from inception through trial, including many trials as the first-chair lead trial attorney. Along the way, he has obtained victories at the pleading stage, on summary judgment, and through pretrial motion practice. His trial record is also impressive, with record-setting verdicts in both copyright and trademark trials.

Scott’s industry experience includes fashion, retail, technology, sports and footwear, action sports, food and beverage, appliances, and consumer products. He has developed unique knowledge of these industries, and he is able to communicate effectively with clients and their employees.

Outside the office, Scott enjoys spending time with his kids and family, traveling, surfing, fishing, kayaking, skiing, hiking, and pretty much anything outdoors.

Admitted in California and South Carolina only

Education

USC Law School
J.D., 2002

Member - Interdisciplinary Law Journal

Judicial Extern to the Honorable Consuelo B. Marshall for the United States District Court, Central District of California

University of California at Santa Barbara
B.A. 1999, High Honors

Admissions

California, 2002
Central District of CA
Southern District of CA
Northern District of CA
Ninth Circuit
South Carolina, 2018

Representative Experience

Represented a regional retailer with house trademark brand in a $95.5 jury verdict against a national retailer

Represented software and telecommunications company in a $47 million jury verdict for copyright infringement and misappropriation of trade secrets

Represented real estate lender in trial and secured a $1.4 million judgment

Achieved a $400,000 settlement in trademark case weeks prior to trial for a small company in the addiction recovery industry

Secured complete defense verdict for major retailer in copyright trial

Successfully defended luxury footwear company and national retailers in against a motion for a preliminary injunction

Represented educational company in copyright arbitration trial and secured a complete victory plus attorneys’ fees

Achieved a complete defense victory in large trademark case for national retailer after successful pretrial motions

Secured a jury verdict in employment discrimination trial for high-end clothing boutique in less than three hours of deliberation

Obtained numerous dismissals of class action lawsuits

Obtained numerous defense victories on pleadings or summary judgment in copyright cases

Publications & Speaking

The California Fashion Foundation and Santa Monica College Fashion Law Panel, Panelist, November 10, 2021

"What You Need to Know About Copyrights & Patents", Furniture World Magazine, September 25, 2021

Quoted,"Kanye West Suit Against Walmart Over Yeezys Shows ‘Marketplace’ Risks", WWD, June 25, 2021

"Intellectual property firm Merchant & Gould opens in LA", Los Angeles & San Francisco Daily Journal, May 20, 2021

“Defending and Managing Copyright Troll Litigation,” Retail Law Conference (RILA), Nashville, Tennessee, October 2019

“Vanquishing the Copyright Troll”, DRI For the Defense, August 2018

“Intellectual Property Litigation Seminar, DRI, Ritz-Carlton, Denver, Colorado, April 2018

“Proactivity and Problem Solving Are Keys to Avoiding Costly Litigation,” Orange County Business Journal, October 2016

“The Great Infringer”, California Lawyer, April 2015

“Consumer Goods & Retail Roundtable”, Los Angeles Business Journal, February 2015

“Decisions You Need to Know: Key Trademark Cases from 2014,” INTA Roundtable, Newport Beach, CA, January 2015

“Fashion Retailing in the United States,” MAGIC Tradeshow, Las Vegas Convention Center, August 2014

“Tips for Entering Into a License Agreement”, Shop-Eat-Surf, Industry Insight, November 2011

“Triple A For Action Sports”, Transworld Business, September 2011

“Apparel Legal Basics”, Fashion Business Incorporated Webinar, July 2011

MAGIC Tradeshow, Las Vegas Convention Center, Las Vegas, Nevada, February 2011

“Fashion Law – Issues and Challenges in California,” Association of Surfing Lawyers, Inc., October 9, 2010, Cabo Surf Hotel, Cabo San Lucas, Mexico.
“Copyright That Collection!”, Los Angeles Daily Journal, 2009

“Applying the Apportionment Theory in Copyright and Trademark Cases Involving Apparel and Retail Defendants”, Orange County Lawyer, 2009

“Current State of Copyright and Trademark/Trade Dress Law,” Globaltex — California Fashion Association Panel and Seminar, October 2009, Los Angeles Convention Center, Los Angeles, California

“Does Senate Bill 1539 Really Provide a Solution to the Meal Period Morass?” Orange County Lawyer, 2008

“Intellectual Property Litigation,” Bridgeport CLE Program, January 2008, Westin Bonaventure Hotel, Los Angeles, California

“FACTA Checking”, Los Angeles Daily Journal, 2007

Professional Affiliations

International Trademark Association (INTA)
American Bar Association (Litigation and Intellectual Property Law Sections)
Orange County Bar Association (Business Litigation and Intellectual Property & Technology Law Sections)
American Business Trial Lawyers
American Intellectual Property Law Association
California Fashion Association
Association of Surfing Lawyers, Inc.

Teaching

Scott created and developed his own Fashion Law course, which he has taught for Charleston Law School as an Adjunct Professor.

Awards & Recognition

Selected for inclusion in California (Newport Beach) Super Lawyers, 2017-2021
Selected for inclusion in California (Newport Beach) Rising Stars, 2007-2015
Selected for inclusion in Top 25 Orange County Rising Stars, 2007-2015
Selected for inclusion in Top 100 Southern California Rising Stars California

MEDIA CENTER

All Media

Articles

7/27/22

5th Circ. Tableware Reset Embraces 7 Trade Dress Factors

Originally published by Law360.The U.S. Court of Appeals for the Fifth Circuit recently issued an opinion in Beatriz Ball LLC v. Barbagallo Co. LLC, reversing and remanding on July 12 a decision from the U.S. District Court for the Eastern District ...

Blogs

7/19/22

5th Circuit Reverses Dismissal of Copyright and Trade Dress Infringement Claims

Press Releases

5/17/21

Merchant & Gould Opens Office in Los Angeles

Merchant & Gould opened an office in Los Angeles to support the firm’s growth and expansion into the fashion, furniture, commercial and consumer products industries. Attorney Scott P. Shaw joined Merchant & Gould as a partner on Jan. 4, ...