See Davidson Decl. And so that was our address, but we felt it was an address that we wanted to trumpet. Civ. In that case, plaintiff Rodeo Collection, Inc., held several registered services marks for the mark "Rodeo Collection," which it used in connection with providing shopping center services. C, Conway Depo. (emphasis added). 1117(a). Signed by Magistrate Judge Maria-Elena James on 6/1/2010. 0000001331 00000 n Defendant does not provide any services to the public and has never provided any financial, investment or any other advice to any third party. 10. Pursuant to Local Rule 3-16 (Miller, Katherine) (Filed on 2/2/2009) (Entered: 02/02/2009), Certificate of Interested Entities by Sand Hill Advisors LLC Pursuant to Local Rule 3-16 (Davidson, Rachel) (Filed on 1/30/2009) (Entered: 01/30/2009), ***ERRONEOUS ENTRY, PLEASE REFER TO DOCUMENT 19 *** Certificate of Interested Entities by Sand Hill Advisors LLC Pursuant to Local Rule 3-16 (Miller, Katherine) (Filed on 1/30/2009) Modified on 2/3/2009 (jlm, COURT STAFF). (Hill Decl. However, the issue was not as simple as Defendant now purports it to be. 0000000860 00000 n 2753. at 3. (mejlc1, COURT STAFF) Modified on 6/2/2010. %%EOF In the instant case, the "Sand Hill Mark" was never registered by Plaintiff, and as such, no presumption of secondary use could have arisen, even if Plaintiff now could show retrospectively that it meets the requirements of section 2(f). Plaintiff argues that both parties: (1) operate websites to describe their services; (2) utilize promotional brochures; (3) rely on "word of mouth" referrals; (4) attend networking events; and (5) promote their marks on banners. C-07-02258 RMW, 2008 WL 4542803 at *2 (N.D. Cal. C As the Court explained in its summary judgment ruling, the amount of protection accorded to a particular mark is a function of its distinctiveness. at 12, Dkt. We worked in that area. On November 4, 2008, Plaintiff filed suit against Defendant in this Court, alleging a single claim for service mark infringement under the Lanham Act. See Stephen W. Boney, 127 F.3d at 827 (holding that case was not exceptional notwithstanding grant of summary judgment); CG Roxanne LLC v. Fiji Water Co. LLC, No. 's Mot. To establish service mark infringement under the Lanham Act, the plaintiff must show that (1) it has a valid, protectable mark, and (2) defendant's use of the mark is likely to cause confusion. All Rights Reserved. 's Opp'n to Def. Commack Self-Service Kosher Meats, Inc. v. Hooker, Cunney v. Bd. (Opp'n at 14.) WebDefendant Sand Hill Advisors LLCs stipulation to amend its Answer to assert additional Affirmative Defenses challenging Plaintiffs legal capacity and standing to bring its In addition, Plaintiff ignores that "[t] he question is whether the phrase can be construed to mean that the product is made in a certain locale." The common use of an advertising medium (i.e., brochures and banners) is not probative of whether they are disseminated to the same audience. "The two tests are related because `[t]he more imagination that is required to associate a mark with a product [or service,] the less likely the words used will be needed by competitors to describe their products [or services].'" 2753. "The latter three categories of marks, because their intrinsic nature, serves to identify a particular source of a product, are deemed inherently distinctive and are entitled to protection." endstream endobj 21 0 obj<>stream Signed by Judge ARMSTRONG on 2/20/09. 2.) (Entered: 12/11/2009), Declaration of Jane Williams in Support of 42 Memorandum in Opposition to Motion for Summary Judgment filed by Sand Hill Advisors LLC. BOSTON - Boston Private Financial Holdings Inc. said Monday that it had agreed to acquire Sand Hill Advisors Inc., an investment advisory firm in Menlo Park, Calif., for about $16 million. Applied Info. Art Attacks Ink, LLC v. MGA Entm't Inc., 581 F.3d 1138, 1145 (9th Cir. Two Pesos, 505 U.S. at 769, 112 S.Ct. Indus. (lrc, COURT STAFF) (Filed on 2/19/2009) (Entered: 02/19/2009), Minute Entry: Initial Case Management Conference held on 2/18/2009 before Judge Saundra Brown Armstrong. 28 U.S.C. (Entered: 05/21/2009), CERTIFICATION OF MEDIATION Session 5/19/2009, case not settled, no follow up contemplated, mediation complete. 4.) Though acknowledging that Defendant had used the SAND HILL ADVISORS mark sometime after its formation in 1999, Plaintiff argued that such use was insufficient to show "use in commerce" for trademark purposes. In opposing Defendant's summary judgment motion, Plaintiff argued that the presumption applied because it allegedly has been using the SAND HILL ADVISORS mark exclusively and continuously since March 29, 1995, and that Defendant did not begin using the mark until 2005, which more than five years after Plaintiff's date of first use. for Idaho's High Desert, Inc. v. Yost, 92 F.3d 814, 821 (9th Cir.1996). Sand Hill Advisors LLC v. Sand Hill Advisors LLC, SAND HILL ADVISORS LLC, a Delaware limited liability company, SAND HILL ADVISORS LLC, a California limited liability company. Within fourteen days of service of the proposed findings and recommendations, "any party may serve and file written objections to such proposed findings and recommendations as provided by rules of court." *1109 Rachel R. Davidson of K & L Gates, LLP for Defendant, Sand Hill Advisors. Legal Name Sand Hill Global Advisors, LLC. Clamp Mfg. Struck (Defendant); Struck Capital Management, LLC (Defendant); Struck Capital Fund GP LLC (Defendant) et al. 3.) 2.) The most favorable inference that may be drawn from the record regarding the similarities in the parties' services is that both, in a broad sense, have some connection to "real estate." Here, there is scant evidence of actual confusion, which weighs in favor of Defendant. The similarity of the marks, proximity of the goods or service and marketing channels used constitute "the controlling troika in the Sleekcraft analysis," GoTo.com, Inc. v. Walt Disney Co., 202 F.3d 1199, 1205 (9th Cir.2000), and are considered the most important, see Brookfield Commc'ns, Inc. v. W. Coast Entm't Corp., 174 F.3d 1036, 1055 n. 16 (9th Cir.1999). Co-founder Jane Williams similarly confirmed the geographical significance of "Sand Hill." Sand Hill Advisors LLC: REPORT AND RECOMMENDATIONS re {{61}} MOTION for Attorney Fees filed by Sand Hill Advisors LLC Objections to R&R due by 6/15/2010. See Japan Telecom, Inc. v. Japan Telecom Am. at 249-50, 106 S.Ct. (Entered: 01/12/2010), EXHIBIT C re 48 Declaration of Rachel R. Davidson in Support, CORRECTION OF DOCKET # 50 filed by Sand Hill Advisors LLC. (Id. Defendant's business focuses on purchasing, holding, selling, managing and leasing commercial real estate in the San Francisco Bay Area solely for its own investment purposes. 0000013022 00000 n REPORT AND RECOMMENDATIONS re 61 MOTION for Attorney Fees filed by Sand Hill Advisors LLC Objections to R&R due by 6/15/2010. 0000001856 00000 n Signed by Judge ARMSTRONG on 9/16/10. (Id. CV-08-5016-SBA ORDER GRANTING DEFENDANT SAND HILL ADVISORS LLC'S STIPULATION TO AMEND ANSWER PURSUANT TO STIPULATION, IT IS SO ORDERED WebGet free access to the complete judgment in SAND HILL ADVISORS LLC v. SAND HILL ADVISORS LLC on CaseMine. Last Updated January 6, 2019 at 8:27 PM EST (4.3 years ago). Here, there is no dispute that "Sand Hill" refers to a geographical locale *1114 on or near Sand Hill Road in the Silicon Valley and that Plaintiff, in fact, chose "Sand Hill" because of its geographical significance. Please take note that plaintiff's counsel initiates the call to all parties. See Lahoti, 586 F.3d at 1196. ), In 2000, Plaintiff changed its state of incorporation from California to Delaware, for reasons which were related to the acquisition of Plaintiff by Boston Private Financial Holdings ("Boston Private"). Factual findings are reviewed for clear error. WebMike and his team have represented some of the worlds most recognized brands and companies in high-stakes litigation in numerous federal courts across the country including Washington, Oregon, California, Colorado, Minnesota, Illinois, New York, Massachusetts, Utah, and Florida. 1983) (holding that the fact that plaintiff and defendant's respective products were used in the medical or health care field was insufficient to show that the goods were sufficiently similar to cause a likelihood of confusion). 2008). (Entered: 12/15/2008), Declination to Proceed Before a U.S. Magistrate Judge by Sand Hill Advisors LLC. If the moving party meets this initial burden, the burden then shifts to the non-moving party to present specific facts showing that there is a genuine issue for trial. After considering the motion on the papers submitted, the Magistrate issued a thorough, fourteen-page order in which she recommended denying Defendant's motion. The record unequivocally establishes that Plaintiff and Defendant's respective businesses share little, if anything, in common. 578, 581-82 (S.D.N.Y.1972) addressed the issue of "use" to determine which party could establish priority to claim ownership of the mark. Pl. endstream endobj 11 0 obj<> endobj 12 0 obj<> endobj 13 0 obj<> endobj 14 0 obj<>/Font<>/ProcSet[/PDF/Text]/ExtGState<>>> endobj 15 0 obj<> endobj 16 0 obj<> endobj 17 0 obj<> endobj 18 0 obj[/ICCBased 27 0 R] endobj 19 0 obj[20 0 R 21 0 R 22 0 R 23 0 R] endobj 20 0 obj<>stream at 24:1.). That section states, in relevant part, as follows: "The Director may accept as prima facie evidence that the mark has become distinctive, as used on or in connection with the applicant's goods in commerce, proof of substantially exclusive and continuous use thereof as a mark by the applicant in commerce for the five years before the date on which the claim of distinctiveness is made." Signed by Judge Saundra Brown Armstrong, on 1/26/10. (Williams Decl. In Support Of Motion To Compel Arbitration; As To Parties: removed. RELATED. After Defendant announced plans to open a shopping center in downtown Los Angeles under the name "The Collection," plaintiff filed suit for federal service mark infringement. The recommendation of the Magistrate is ADOPTED and Defendant's Motion for Attorneys' Fees is DENIED. On November 19, 2009, Defendant filed the instant Motion for Summary Judgment. The plaintiffs in this case, the New Jersey Sand Hill Band of Lenape and Cherokee Indians and its representative Ronald S. Holloway (collectively, "plaintiffs"), seek redress for the alleged conversion and misappropriation of Notice of Case Assignment - Unlimited Civil Case; Filed by: Clerk. The Fiduciary Network-affiliated firm revealed on Wednesday that it had accessed the funds through the Paycheck Protection Program (PPP). First Republic Bank was shuttered by regulators early Monday, and all its deposits and most of its assets were acquired by JPMorgan. %PDF-1.4 Finally, one place to get all the court documents we need. Ex. (Opp'n at 25.) ), According to its founders, they changed the firm name to "Sand Hill Advisors" because of recent developments in its business and accompanying desire to no longer use individual's names to identify the firm. (mejlc1, COURT STAFF) (Filed on 4/5/2010). Summary judgment may be entered in a trademark action "when no genuine issue of material fact exists." (Entered: 02/19/2009), CLERKS NOTICE Case Management Conference set for 2/18/2009 02:45 PM. at 970. "However, such a broad inference is not sufficient to demonstrate that a genuine issue exists concerning likelihood of confusion as to the source of the products involved in the present suit." (Opp'n at 19.) 0000000736 00000 n DocketComplaint; Filed by: Yida Gao (Plaintiff); Sand Hill Advisors, LLC (Plaintiff); As to: Adam B. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Related document(s) 47 ) (Davidson, Rachel) (Filed on 12/22/2009) Modified on 12/23/2009 (jlm, COURT STAFF). Executive Compensation has grown increasingly complicated. Previously, Brenda was an Emeritus Boa rd Member at Boys & Girls Clubs of America and also held positions at CFA Society San Francisco, S&P Global. Id. 13.) at 80:15, 81:21-22. 's Mot. As such, even if section 2(f) could be applied to unregistered marks, the record demonstrates that Plaintiff cannot demonstrate the requisite five years of substantially exclusive and continuous use. at 8-9. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. All Rights Reserved. Id. *** EXHIBITS re 48 Declaration Rachel R. Davidson in Support, CORRECTION OF DOCKET #[48-3] filed by Sand Hill Advisors LLC. Company Type For Profit. at 250, 106 S.Ct. Signed by Judge ARMSTRONG on 2/19/09. Def. Sand Hill, which caters primarily to high-net-worth individuals in Northern California, has $900 million of assets under management. 57. Plaintiff attempted to register its new name with the California Secretary of State, but was informed that Defendant had previously registered the name with the State in 1999. (Opp'n at 14.) 13. In addition, Defendant ignores the evidence proffered by Plaintiff, and cited by the Magistrate, that Plaintiff desired to protect the goodwill that it believed it had established by operating under the Sand Hill Advisors name. % In Support Of Motion To Compel Arbitration: Name Extension changed from OF FRANK D. RORIE JR. As such, other advisory companies are more likely to refer to "Sand Hill" and "Advisors" in describing or advertising their services. Of Vill. STRUCK, ET AL. Miller v. Glenn Miller Prods., *1116 Inc., 454 F.3d 975, 991 (9th Cir.2006). 1976)). 's Mot. If the answer is yes, then the geographic term is probably used in a descriptive sense, and secondary meaning is required for protection.").[3]. Astra Pharm. Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. (lrc, COURT STAFF) (Filed on 1/25/2010) Modified on 1/26/2010 (jlm, COURT STAFF). Case No: C 08-5016 % Plaintiff's desire to protect such interests is a legitimate one. (lrc, COURT STAFF) (Filed on 2/20/2009) (Entered: 02/20/2009), STIPULATION and Proposed Protective Order, filed by Sand Hill Advisors LLC., Sand Hill Advisors LLC. The mere fact that a mark references a geographic location does not ipso facto lead to the conclusion that the mark is descriptive. 1052(f) (emphasis added). (Opp'n at 16-17.) A claim is unreasonable or groundless for purposes of a permissible award of fees only if it is frivolous and fails to raise colorable or debatable issues. Brenda Vingiello is a Chief Investment Officer at Sand Hill Global Advisors based in Palo Alto, California. 1117(a). Ex. 1989). (Entered: 12/22/2009), *** Exhibit C FILED IN ERROR. Ex. The Ninth Circuit construes the "exceptional cases" requirement narrowly. (Opp'n at 17.) 69, Filing [2] "[T]he only difference between a trademark and a service mark is that a trademark identifies goods while a service mark identifies services. The greater the similarity between the two marks at issue, the greater the likelihood of confusion. 0000002447 00000 n These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. 1:23-MC-00086 | 2023-02-15, California Courts Of Appeal | Other | Two Pesos, 505 U.S. at 769, 112 S.Ct. (Attachments: # 1 Proposed Order Granting Stipulation to Amend Answer and Affirmative Defenses)(Davidson, Rachel) (Filed on 5/21/2009) Modified on 5/22/2009 (jlm, COURT STAFF). Defendant argues that Plaintiff presented no evidence to support its claim of secondary meaning. ORDER, Motions terminated: 84 REPORT AND RECOMMENDATIONS re 61 MOTION for Attorney Fees filed by Sand Hill Advisors LLCREPORT AND RECOMMENDATIONS re 61 MOTION for Attorney Fees filed by Sand Hill Advisors LLC, 85 MOTION for Reconsideration re 84 REPORT AND RECOMMENDATIONS re 61 MOTION for Attorney Fees filed by Sand Hill Advisors LLCREPORT AND RECOMMENDATIONS re 61 MOTION for Attorney Fees filed by Sand Hill Advisors LLC MOTION for Reconsideration re 84 REPORT AND RECOMMENDATIONS re 61 MOTION for Attorney Fees filed by Sand Hill Advisors LLCREPORT AND RECOMMENDATIONS re 61 MOTION for Attorney Fees filed by Sand Hill Advisors LLC filed by Sand Hill Advisors LLC, 64 Report and Recommendations, Order Referring Motion, 61 MOTION for Attorney Fees filed by Sand Hill Advisors LLC.. Applied Info Sciences Corp., 511 F.3d at 969-970. trailer (Davidson Decl. Filed by Sand Hill Advisors LLC. (tjs, COURT STAFF) (Filed on 1/29/2009) (Entered: 01/29/2009), NOTICE of need for ADR Phone Conference (ADR L.R. IN SUPPORT OF MOTION TO COMPEL ARBITRATION, Declaration - DECLARATION OF ADAM B. See Grupo Gigante SA De CV v. Dallo & Co., Inc., 391 F.3d 1088, 1102 (9th Cir.2004) ("Descriptive or suggestive marks are relatively weak."). (Related document(s) 48 ) (Davidson, Rachel) (Filed on 12/28/2009) Modified on 12/30/2009 (jlm, COURT STAFF). 41, Filing Thus, despite the fact that the marks at issue are identical, the Court finds that the undisputed fact that the parties operate in different markets involving distinct consumers and are not competitors renders this factor, at best, neutral. 47 0 obj<>stream at 10-11. Sand Hill Advisors LLC v. Sand Hill Advisors LLC, Filing But it also presents new risks to manage. 0000002307 00000 n But there's still some wrinkles that need to be ironed out so it can work with its cousin from The Clearing House. Id. Plaintiff's ancillary contention that "Sand Hill Advisors" satisfies the "need test" fares no better. A.) THE KUHN FOUNDATION, A CALIFORNIA CORPORATION, ET AL. (Entered: 01/29/2009), ADR Clerks Notice Setting ADR Phone Conference on 2/10/09 at 11:00 a.m. v. Joseph Rubin et al. 0000002396 00000 n (McCaffrey Depo. (Entered: 12/02/2009). Ex. ), Defendant is a California limited liability company formed by business partners Bert Sandell and Albert Hill, Jr., located in Los Altos, California. The Court found that Instant Media's mark was "conceptually weak because the I'M mark exists in a crowded field of trademarks using variations of `IM,' `I'm' and `I am.'" The amount of protection accorded to a particular mark is a function of its distinctiveness. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R)(Related document(s) 36 ) (Davidson, Rachel) (Filed on 11/19/2009) (Entered: 11/19/2009), MOTION for Summary Judgment filed by Sand Hill Advisors LLC. Equally unpersuasive is Defendant's contention that Plaintiff had no basis upon which to rely on section 2(f) of the Lanham Act, 15 U.S.C. 3-5 d), filed by Sand Hill Advisors LLC, Sand Hill Advisors LLC. The top five bank holding companies have combined total consumer loan portfolios of more than $1.8 trillion as of December 31, 2022. "In determining whether a mark has obtained secondary meaning, courts consider: (1) whether actual purchasers of the product bearing the mark associate the mark with the producer; (2) the degree and manner of advertising under the mark; (3) the length and manner of use of the mark; and (4) whether use of the mark has been exclusive." Plaintiff summarily asserts that "there is no need for other wealth management firms to use `Sand Hill Advisors' in describing or advertising their services." "Not surprisingly, under this standard, defendants are `rarely' awarded attorney fees in trademark infringement cases." 's Opp'n to Def. WebCompany profile page for Sand Hill Advisors Inc including stock price, company news, press releases, executives, board members, and contact information The Court conducted an hour-long hearing on the motion on January 12, 2010. Japan Telecom, 287 F.3d at 871; see also Comm. The following documents for this case are available for you to view or download: Use the links below to access additional information about this case on the US Court's PACER system. This change was prompted by the decision of certain members of Plaintiff's management to reacquire equity from Boston Financial. On November 19, 2009, Defendant filed a Motion for Summary Judgment. at 207:11-19.) Plaintiff provides no analysis or legal authority for its position. 2005). (Court Reporter: Not Reported) (lrc, COURT STAFF) (Date Filed: 2/18/2009) Modified on 2/20/2009 (jlm, COURT STAFF). (Court Reporter: Diane Skillman.) "Secondary meaning can be established in many ways, including (but not limited to) direct consumer testimony; survey evidence; exclusivity, manner, and length of use of a mark; amount and manner of advertising; amount of sales and number of customers; established place in the market; and proof of intentional copying by the defendant." 2.) %%EOF AMF Inc. v. Sleekcraft Boats, 599 F.2d 341, 348-49 (9th Cir.1979). ), Defendant's business focuses on purchasing, holding, selling, managing and leasing commercial real estate in the San Francisco Bay Area solely for its own investment purposes. "A geographically descriptive term or phrase is one that designates geographical location and would tend to be regarded by buyers as descriptive of the geographic location or origin of the goods or services." Here, the services offered by Plaintiff and Defendant are fundamentally distinct.
Is Gunther Von Hagens Still Alive, Articles S