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However, the Ninth Circuit has recognized that a mark need not precisely describe the services provided in order to be descriptive. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. In re Sand Hill Exchange, et al. 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. Sleekcraft, 599 F.2d at 353. First Republic Bank was shuttered by regulators early Monday, and all its deposits and most of its assets were acquired by JPMorgan. VS ADAM B. Def. Signed by Mediator, James Gilliland, dated 5/19/2009. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, "Advisors" aptly describes the nature of Plaintiff's business; to wit, it advises clients on maintaining and building their wealth. 0000012780 00000 n 1502(e)(2). for Summ. (cjl, COURT STAFF) (Filed on 11/4/2008) (Entered: 11/06/2008), COMPLAINT against Sand Hill Advisors LLC (Filing fee $350, receipt number 34611025084). Defendant contends that Plaintiff filed this lawsuit in bad faith, ostensibly because it pursued the action knowing that it had no protectable mark. Classic Media, Inc. v. Mewborn, 532 F.3d 978, 990 (9th Cir. 2548, 91 L.Ed.2d 265 (1986). With regard to the need test, the court noted that given the remoteness of the association between "collection" and a shopping center, "a competing shopping *1115 center would not need to use the term `collection' in order to identify its own shopping center." In November 2007, Plaintiff converted from a Delaware corporation to a Delaware limited liability company. 64. Defendant filed a reply memorandum, and the matter is now fully briefed. at 249-50, 106 S.Ct. SAND HILL ADVISORS, LLC, a California limited liability company, Dkt. 3-5 b) of discussion of ADR options, filed by Sand Hill Advisors LLC (Miller, Katherine) (Filed on 1/28/2009) Modified on 1/29/2009 (jlm, COURT STAFF). 2.) Because "Sand Hill Advisors" is descriptive, it is not entitled to protection unless it has acquired secondary meaning. Nearly two years after its last loan, the Paycheck Protection Program is still making headlines for all the wrong reasons, unfortunately. 's Mot. Here, there is no dispute that Sand Hill can be construed to mean that Plaintiff is an advisory firm based in the Sand Hill areaand indeed, that name was selected by Plaintiff because they, in fact, were then located on Sand Hill Road. 78(b); N.D. Cal. The messaging organization is providing a sandbox for developers to enable cross-border transactions for central bank digital currencies, an elusive goal as most central banks focus on domestic use. 0000005085 00000 n endstream endobj 34 0 obj<> endobj 35 0 obj<> endobj 36 0 obj<>/Font<>/ProcSet[/PDF/Text]/ExtGState<>>> endobj 37 0 obj<> endobj 38 0 obj<> endobj 39 0 obj[/ICCBased 46 0 R] endobj 40 0 obj<> endobj 41 0 obj<> endobj 42 0 obj<> endobj 43 0 obj<>stream Yellow Cab Co. of Sacramento v. Yellow Cab Co. of Elk Grove, Inc., No. (Entered: 12/11/2009), Memorandum in Opposition re 36 Motion for Summary Judgment filed by Sand Hill Advisors LLC. 0000010111 00000 n at 6. *1122 IT IS HEREBY ORDERED THAT Defendant's Motion for Summary Judgment (Docket 36) is GRANTED. (af, COURT STAFF) (Filed on 5/20/2009) (Entered: 05/20/2009), Letter from Mediator, James Gilliland, dated 3/5/2009. Lahoti v. VeriCheck, Inc., 586 F.3d 1190, 1196 (9th Cir.2009). (Id. IAPD - Investment Adviser Public Disclosure - Homepage Plaintiff argues that this factor is germane only where the marks are different, and inapposite in cases such as the present where the marks are identical. WebSAND HILL GLOBAL ADVISORS, LLC ( CRD # 111295/SEC#:801-58002 ) SAND HILL ADVISORS, INC., SAND HILL GLOBAL ADVISORS, LLC, SAND HILL ADVISORS, LLC., SAND HILL ADVISORS, LLC. The Ninth Circuit construes the "exceptional cases" requirement narrowly. 4.) But there's still some wrinkles that need to be ironed out so it can work with its cousin from The Clearing House. "Sand Hill" refers to a geographical locale where Plaintiff operates its business. at 47:2-73:8; Creighton Depo. Gracie v. Gracie, 217 F.3d 1060, 1071 (9th Cir. q No one has written a summary of this case yet. 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." Struck (Defendant); Struck Capital Signed by Judge Saundra Brown Armstrong, on 06/23/10. 57. Brenda received a B. Rather, the relevant inquiry is whether, upon consideration of all terms comprising a composite mark, "the term is being used geographically." 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." Plaintiff first argues that it is entitled to a presumption of secondary meaning under section 2(f) of the Lanham Act, 15 U.S.C. Like Boston Private Financial, which manages about $4 billion of assets, Sand Hill has placed an emphasis on serving owners and operators of private businesses, a largely underserved market, Mr. Pressey said. Indeed, Mr. Conway admitted that Defendant is not a competitor of Plaintiff. No calendar events were found for this docket. 636(b)(1). To update this case yourself, sign into PACER (paid PACER subscription required). 2023-02-21, Los Angeles County Superior Courts | Contract | Finally, Defendant argues that Plaintiff's likelihood of confusion claim was "frivolous." Indus. In February of 2012, the American Civil Liberties Union and the ACLU of Michigan filed a lawsuit on behalf of nine Michigan citizens who were sentenced to life "An expert survey of purchasers can provide the most persuasive evidence of secondary meaning." Id. Docket Summons on Complaint; Issued and Filed by: Yida Gao (Plaintiff); Sand Hill Advisors, LLC (Plaintiff); As to: Adam B. Prior to March 25, 2000, Defendant was registered with the California Secretary of State under the *1117 "Sand Hill Advisors" mark, which it began using shortly thereafter. The case did not settle (Date Filed: 1/13/2010). Def. Motion Hearing set for 2/23/2010 01:00 PM in Courtroom 3, 3rd Floor, Oakland. Of Trs. %PDF-1.4 Although Plaintiff and Defendant share the same mark, they offer completely distinct services to distinct consumers in separate markets. Brenda Vingiello (Williams Decl. YIDA GAO, ET AL VS ADAM B STRUCK, ET AL - UniCourt In re Supply Guys, Inc., 86 U.S.P.Q.2d 1488, 1495 (T.T.A.B.2008) involved an appeal from the denial of a trademark registration, while Modular Cinemas of America, Inc. v. Mini Cinemas Corp., 348 F.Supp. Id. Signed by Magistrate Judge Maria-Elena James, on 3/1/2010. Def. at 27:13-23.) PLEASE SEE DOCKET # 51 . (Opp'n at 16.). Cir.2009). Why is this public record being published online? "Not surprisingly, under this standard, defendants are `rarely' awarded attorney fees in trademark infringement cases." The Federal Reserve's long-awaited real-time payment system is at the finish line. Mark H. Epstein in Department R Santa Monica Courthouse, DocketNotice of Case Management Conference; Filed by: Clerk. 's Mot. On January 26, 2010, the Court issued its Order granting summary judgment in favor of Defendant.1 See Order Granting Def. 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. Id. at 68:4-6.) Signed by Judge ARMSTRONG on 1/5/09. Seeing developments that could cause No one has written a summary of this case yet. 72-3. Art Attacks Ink, LLC v. MGA Entm't Inc., 581 F.3d 1138, 1145 (9th Cir. 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. Id. Thus, if the claim raises "debatable issues of law and fact," then it cannot be said that the case is an "exceptional" one warranting an award of attorney fees. Continue reading Be the first to find this review helpful The Court may "accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." In October 1989, Conway, Luongo, Williams, Inc., changed its name to Conway, Williams & Foster, Inc. (Id. (Opp'n at 16-17.) The Articles of Registration identify Defendant's "[t]ype of business" as follows: "To engage in any lawful business for which limited liability companies may be organized in California including real estate activities, finance and advisory services." Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. 0000005191 00000 n Here, after considering each of the Sleekcraft factors, the Court concluded that while Plaintiff and Defendant share the same mark, they offer completely distinct services to distinct consumers in separate markets, and there was but a paucity of evidence of actual confusion. The Court is persuaded by the record presented that any overlap in the parties' marketing channels is nil or minimal, which weighs in favor of Defendant. Nor is it disputed that Plaintiff does not engage in the sale, purchase or lease of any commercial properties. at 24:1.). As support, Plaintiff relies on Rodeo Collection Ltd. v. W. Seventh, 812 F.2d 1215 (9th Cir.1987). Jim Iuorio: The Fed will probably be dovish for a little longer. Sand Hill Advisors LLC v. Sand Hill Advisors LLC These undisputed facts demonstrate the undeniably geographic significance of the "Sand Hill Advisors" mark. 28 U.S.C. To reflect this change, Plaintiff then sought to change its name from "Sand Hill Advisors, Inc." to "Sand Hill Advisors, LLC." (Martin, James) (Filed on 1/21/2010) Modified on 1/22/2010 (jlm, COURT STAFF). And so that was our address, but we felt it was an address that we wanted to trumpet. 0000002396 00000 n Gary Conway testified at his deposition that the founders selected the "Sand Hill" name because the firm's offices were located on Sand Hill Road and they wanted to "trumpet" their location due to its "cache." 's Mot. Co., Inc. v. Enco Mfg. The Fiduciary Network-affiliated firm revealed on Wednesday that it had accessed the funds through the Paycheck Protection Program (PPP). Sand Hill Advisors LLC v. Sand Hill Advisors LLC 10; Davidson Decl. Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. The record unequivocally establishes that Plaintiff and Defendant's respective businesses share little, if anything, in common. On November 19, 2009, Defendant filed a Motion for Summary Judgment. Com, Inc. v. Walt Disney Co., 202 F.3d 1199, 1205 n. 3 (9th Cir.2000). Surfvivor Media, 406 F.3d at 631-32. %PDF-1.3 Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. (Id.) IN SUPPORT OF MOTION TO COMPEL ARBITRATION, 7/8/2021: Declaration - DECLARATION OF ADAM B. STRUCK'S MOTION TO COMPEL ARBITRATION, Opposition - OPPOSITION TO DEFENDANT AND CROSS-COMPLAINANT ADAM B. In sum, the undisputed evidence establishes that Defendant was using the "Sand Hill Advisors" mark within five years of Plaintiff claimed dated of first use. Get A.M.business scoops. (Opp'n at 13.) (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). Having so decided, the Court turns to the issue of whether the mark has acquired secondary meaning. 2753. 72(b)(1); Civ. Signed by Magistrate Judge Elizabeth D. Laporte, on February 26, 2009. The Court therefore addresses each prong of the test for service mark infringement to ascertain whether summary judgment is appropriate based on the record presented. Declaration of Albert R. Hill, Jr. in Support of 36 MOTION for Summary Judgment filed bySand Hill Advisors LLC. (Entered: 12/11/2009), ORDER by Judge ARMSTRONG granting 40 Ex Parte Application (lrc, COURT STAFF) (Filed on 12/4/2009), Ex Parte MOTION to Modify Briefing Schedule re Motion for Summary Judgment filed by Sand Hill Advisors LLC. 2.) F, Hill Depo. Cons Only location is in downtown Palo Alto, not in the hub of the city or on the legendary Sand Hill Road. (Entered: 01/22/2010), STIPULATION and Proposed Order re Pretrial Schedule, by Sand Hill Advisors LLC.