Taylor Foss

Taylor C. Foss recently acted as lead trial counsel in One LLP’s groundbreaking $6.3 million jury verdict on behalf of architectural photographer Scott Hargis against Pacifica Senior Living Management LLC, who willfully infringed upon 42 of Hargis’ images.  One LLP worked in partnership with the world’s leading copyright licensing compliance service, ImageRights International, Inc., on the case on behalf of the Plaintiff, Scott Hargis, a widely recognized architectural photographer.  The victory came against Pacifica Senior Living, the thirteenth largest care provider in the United States, owns and operates multiple senior living facilities throughout the nation. Pacifica, despite being a large and sophisticated corporation with legal counsel and full knowledge of federal copyright law, continued to make new unauthorized uses long after it had been apprised of Hargis’ rights.  In this case, the jury deemed all 42 infringements as willful and assessed against Pacifica the absolute maximum statutory damages per infringement allowed by law: $150,000 per image, totaling $6.3 million.

With over 15 years of litigation experience, Mr. Foss is an experienced IP litigator and trademark lawyer. He focuses his practice on trademarks, copyrights, patents, trade secrets, rights of publicity, and general business litigation, utilizing his intellectual property expertise across a broad range of industries. Mr. Foss has litigated patent infringement cases related to technologies as varied as polarized sunglass lenses, encrypted computer networks, pharmaceuticals, and medical devices.

Mr. Foss has substantial experience with trademark enforcement in federal court and before the U.S. Patent and Trademark Office.  Additionally, Mr. Foss prosecutes trademarks from applications to Office Actions to Opposition and Cancellation proceedings before the Trademark Trial and Appeals Board.

Mr. Foss has frequently counseled clients on a range of IP issues, including providing due diligence reviews of patents and other intellectual property portfolios and advising on the IP aspects of corporate transactions.

Outside the courtroom, Mr. Foss frequently provides pre-litigation advice, enabling companies to predict, achieve, or avoid outcomes that might arise from business transactions involving intellectual property.

Mr. Foss practices primarily in U.S. Federal Court for the Central District of California and is available to act as local counsel for out-of-state litigants that need a guide to the Local Rules and practices.

Publications

• Hazy IP: Understanding Patents and Trademarks Through Hops Craft Brewing Business, September 3, 2020
• Clever Joke or Pun-Intentional Lawsuit? Let’s Talk Craft Beer Names and Trademark Infringement, Craft Brewing Business, May 29, 2019
• Cheaters Never Prosper Intellectual Property Magazine, October 2018 at 22-23
• Are Your Software Trade Secrets Just Undiscovered Willful Infringement? IP Frontline, Sept. 5, 2016
• Can E-Mail and Screen Names Infringe? Cases Indicate That Such Net Use May Constitute a Trademark Violation, David M. Kelly & Taylor C. Foss, Nat’l L. J., Dec. 4, 2006, at S10, Col. 4