Cir.2009). "While an intent to confuse consumers is not required for a finding of trademark infringement, intent to deceive is strong evidence of a likelihood of confusion." at 24:9-11. 0000002583 00000 n There are three ways in which a plaintiff can establish that it has a protectable interest in a service mark or trademark: "(1) it has a federally registered mark in goods or services; (2) its mark is descriptive but has acquired a secondary meaning in the market; or (3) it has a suggestive mark, which is inherently distinctive and protectable." 2021-11-08. If the PTO approves the registration under section 2(f), the presumption of validity conferred by the registration also "includes a presumption that the registered mark has acquired distinctiveness[.]" (lrc, COURT STAFF) (Filed on 2/17/2010) Modified on 2/18/2010 (jlm, COURT STAFF). (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. In or about 2000, Boston Private Financial Holdings ("Boston Private") acquired a financial interest in Plaintiff. Signed by Judge Maria-Elena James on 4/22/2010. 4 and Ex. 2009) (internal quotation marks and citation omitted) (emphasis added). (Opp'n at 13-14.) ORDER by Judge Saundra Brown Armstrong GRANTING 35 Ex Parte Motion to Move the Hearing Date for Defendant's Motion for Summary Judgment and Setting Hearing on Motion For Summary Judgment to 1/12/2010 at 01:00 PM. 30, 2007) (citations omitted). 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. SAND HILL ADVISORS LLC, a Delaware limited liability company: Defendant - Appellee,: SAND HILL ADVISORS LLC, a California limited liability company: Case Number: Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL ARBITRATION), Notice of Change of Address or Other Contact Information, Minute Order - MINUTE ORDER (STATUS CONFERENCE RE: ARBITRATION), Declaration - DECLARATION OF FRANK D. RORIE JR. ("MSJ Order"), Dkt. 1995). at 51:6-52:14; Williams Decl. Shortly thereafter on November 17, 2008, Plaintiff sought to register "Sand Hill Advisors" as a service mark with the United States Patent and Trademark Office ("PTO"). 0000002341 00000 n Defendant has since corrected this error by submitting a properly verified version of Mr. Hill's declaration. Brookfield, 174 F.3d at 1055. 39, Filing Sand Hill Advisors, LLC v. Sand Hill Advisors, LLC :: California 2002).[1]. Whether a mark has acquired secondary meaning generally presents a question of fact. xref 7-1(b). Defendant is therefore entitled to summary judgment on this basis. at 10-11. 83, Filing Art Attacks Ink, LLC v. MGA Entm't Inc., 581 F.3d 1138, 1145 (9th Cir. (Id.). Signed by Magistrate Judge Maria-Elena James, on 3/1/2010. "s1&8,2R8{(.ib,8"oa#r8X|/(~?|2L 0.eGPhk~oG?f(EIz>k @)e\+p\R8rsC/b9,,yNJilRhmZ5eirfiBb%_{@GFq6$t^S9:W-'Y). 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. 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." 0000005059 00000 n Signed by Judge James Larson on 9/17/09. IN SUPPORT OF MOTION TO COMPEL ARBITRATION, 7/8/2021: Declaration - DECLARATION OF ADAM B. Plaintiff is a wealth management firm that provides advice to its wealthy clients to assist them in the management of their assets; to that end, provides advice on investment planning, retirement and estate planning and philanthropic strategies. 636(b)(1)(B), (C); Fed.R.Civ.P. 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). Struck (Defendant); As to: Yida Gao (Plaintiff); Sand Hill Advisors, LLC (Plaintiff); Shima Capitol LLC, a Delaware Limited Liability Company (Cross-Defendant) et al. 2023-02-21, Los Angeles County Superior Courts | Contract | This is particularly true where the good or service is expensive. Messrs. Sandell and Hill selected the name "Sand Hill" by combining the first four letters of Mr. Sandell's last name with Mr. Hill's last name. (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). Signed by Magistrate Judge Maria-Elena James on 6/1/2010. L.) In contrast, Defendant merely purchases, owns, sells, manages and leases commercial properties for its own account. (Opp'n at 16-17.) (Davidson Reply Decl. 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. (lrc, COURT STAFF) (Filed on 1/26/2010) Modified on 1/27/2010 (jlm, COURT STAFF). Fed.R.Civ.P. Def. 0000013022 00000 n DocketNotice of Case Assignment - Unlimited Civil Case; Filed by: Clerk, U.S. District Courts | Other | There also is no evidence that anyone has confused Plaintiff with Defendant. Under that standard, the Court is persuaded that "Sand Hill Advisors" means exactly what it says: It describes a geographic location where Plaintiff offers advisory services. at 24:1.). Although Plaintiff and Defendant share the same mark, they offer completely distinct services to distinct consumers in separate markets. And so that was our address, but we felt it was an address that we wanted to trumpet. Ex. 636(b)(1). 0000001296 00000 n The parties are familiar with the facts of this case, which are summarized herein as they are pertinent to the issues that remain before this Court. (Opp'n at 16.). (Opp'n at 22.) (Court Reporter: Diane Skillman.) As noted, the "need test" measures the extent to which a mark is necessary for competitors to identify their goods and services. E, F, H, K, L; Williams Depo. To that end, Plaintiff selected "Sand Hill Advisors" because it reflected the firm's location and allowed it to capitalize on the "cache" associated with that area, which is known for its concentration of venture capital firms. Japan Telecom, 287 F.3d at 871; see also Comm. Other business, many of which are located in the Silicon Valley (which encompasses the Sand Hill *1119 area), include "Sand Hill Angels," "Sand Hill Financial," "Sand Hill Finance," "Sand Hill Capital," "Sand Hill Econometrics," "Sand Hill Equity Research," "Sand Hill Partners," "Sand Hill Consulting Associates," and "Sand Hill Group LLC." 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. Outside of work Brenda is a dedicated mother who loves spending time with her family and exploring all the Bay Area has to offer. (Hill Decl. (Miller, Katherine) (Filed on 2/3/2009) Modified on 2/4/2009 (jlm, COURT STAFF). 's Mot. Home | Sand Hill Global Advisors Case Management Conference set for 2/10/2009 04:00 PM. (Opp'n at 14.) L.R. %%EOF Gracie v. Gracie, 217 F.3d 1060, 1071 (9th Cir. 42. IN SUPPORT OF MOTION TO COMPEL ARBITRATION to Of Frank D. Rorie JR. 1989); Grupo Gigante SA De CV v. Dallo & Co., Inc., 391 F.3d 1088, 1107 n. 1 (9th Cir.2004). (wdblc1, COURT STAFF) (Filed on 12/15/2008) Modified on 12/16/2008 (cjl, COURT STAFF). Sand Hill Advisors, LLC - CourtListener.com Art Attacks Ink, LLC, 581 F.3d at 1146 (affirming summary judgment for alleged infringer where plaintiff failed to produce any evidence to demonstrate that its advertising was effective). (Mot. v. Joseph Rubin et al. Sand Hill, which caters primarily to high-net-worth individuals in Northern California, has $900 million of assets under management. at 7-10.) Id. AMENDED ORDER re 91 Order, Terminate Motions,,,,,,. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. (McCaffrey Depo. Listed below are the cases that are cited in this Featured Case. United States District Court, N.D. California, Oakland Division. Defendant next argues that even if Plaintiff could demonstrate that it has a protectable mark, Plaintiff cannot show that Defendant's use of the identical mark is likely to cause consumer confusion. Filed by Sand Hill Advisors LLC. See Sleekcraft, 599 F.2d at 348-49. 6/17/2015: In re BTC Trading, Corp. and Ethan Burnside The Court concludes that the services are unrelated, and this factor weighs in favor of the Defendant. 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. 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. An issue of fact is "material" if, under the substantive law of the case, resolution of the factual dispute might affect the outcome of the claim. On January 26, 2010, the Court issued its Order granting summary judgment in favor of Defendant.1 See Order Granting Def. The marks here are identical, which, at first blush, appears to favor Plaintiff. 2548, 91 L.Ed.2d 265 (1986). 32, Filing 28 U.S.C. In that case, plaintiff Instant Media alleged that its trademark "I'M" was infringed by defendant Microsoft's use of the mark "i'm." 26, US District Court for the Northern District of California, 15:1125 Trademark Infringement (Lanham Act). As noted, a descriptive mark cannot be registered with the PTO absent a showing of secondary meaning. (mejlc1, COURT STAFF) (Filed on 6/1/2010) Modified on 6/2/2010 (jlm, COURT STAFF). *1112 Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48, 106 S.Ct. The parties, through counsel, appeared for argument on the motion on January 12, 2010. Rather, the salient question for purposes of ascertaining whether a mark is descriptive is whether the mark conveys information regarding the nature of the goods or services. At the conclusion of the hearing, the Court took the matter under submission. MC/ K.) Where the market is inundated by products using the particular trademarked word, there is a corresponding likelihood that consumers "will not likely be confused by any two in the crowd." In view of the dearth of evidence of actual confusion, the Court finds that this factor weighs in favor of Defendant. 2548; Matsushita Elec. 1052(f). (Entered: 12/11/2009), Declaration of Katherine R. Miller in Support of 42 Memorandum in Opposition to Motion for Summary Judgment filed by Sand Hill Advisors LLC. 2753. (jlsec, COURT STAFF) (Filed on 9/17/2009) (Entered: 09/17/2009), AMENDED ANSWER to 1 Complaint bySand Hill Advisors LLC. 08/29/2023 at 08:30 AM in Department R at 1725 Main Street, Santa Monica, CA 90401; Status Conference, Updated -- Denis Shmidt (Attorney): Organization Name changed from Orsus Gate LLP to HARDER STONEROCK LLP, Notice of Change of Firm Name; Filed by: Yida Gao (Plaintiff); Sand Hill Advisors, LLC (Plaintiff); Shima Capitol Management LLC, a Delaware Limited Liability Company (Cross-Defendant); Shima Capitol GP LLC, a Delaware Limited Liability Company (Cross-Defendant); New Firm Name: HARDER STONEROCK LLP, Notice of Change of Address or Other Contact Information; Filed by: Amnon Siegel (Attorney), Address for Amnon Siegel (Attorney) updated. At Sand Hill, we have long-standing experience with RSUs, deferred compensation, and specialized tax (cjl, COURT STAFF) (Filed on 11/4/2008) (Entered: 11/06/2008). (Id.). ANE Holdings, LLC et al. 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.'" 's Mot. Sand Hill Advisors 3-4) Modified on 12/29/2009 (ewn, COURT STAFF). To reflect this change, Plaintiff then sought to change its name from "Sand Hill Advisors, Inc." to "Sand Hill Advisors, LLC." Company Type For Profit. Id. Struck (Defendant); Struck Capital Management, LLC (Defendant); Struck Capital Fund GP LLC (Defendant) et al. 72-3. The greater the similarity between the two marks at issue, the greater the likelihood of confusion. If you do not agree with these terms, then do not use our website and/or services. ), 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. at 207:11-19.) Two Pesos, 505 U.S. at 769, 112 S.Ct. The record shows that over the course of the last ten years since Defendant began using the "Sand Hill Advisors" name, it has received only five or six telephone calls and one package intended for Plaintiff. 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. [2] Registration of a mark is prima facie evidence of its validity, as well as its owner's entitlement to use the mark exclusively as specified in the registration. Clamp Mfg. Plaintiff admittedly has no expert survey to support its claim of secondary meaning, but instead, relies entirely on evidence that it used the "Sand Hill Advisors" mark in its marketing and advertising efforts. (Opp'n at 14.) Save 25% on a pre-paid one year subscription. LANSING, Mich. (WILX) - About half of Michigans counties, including Ingham, Eaton and Hillsdale, have been named in a class-action lawsuit over profits from the sale See Fed.R.Civ.P. at 250, 106 S.Ct. Struck (Defendant); As to: Yida Gao (Plaintiff); Sand Hill Advisors, LLC (Plaintiff); Shima Capitol LLC, a Delaware Limited Liability Company (Cross-Defendant) et al. 1348, 89 L.Ed.2d 538 (1986). 44; Davidson Decl. As set forth in the Court's summary judgment order, Defendant raised a number of potentially viable arguments to show that its mark is suggestive, notwithstanding Plaintiff's acknowledgement. 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. SAND HILL ADVISORS, LLC, a Delaware limited liability company, Plaintiff, v. SAND HILL ADVISORS, LLC, a California limited liability company, Dkt. And the best part of all, documents in their CrowdSourced Library are FREE! 42. "An expert survey of purchasers can provide the most persuasive evidence of secondary meaning." A subscription to PACER is required. at 970. Since 1999, Defendant has closed between seven to ten commercial real estate transactions. DocketSummons on Complaint; Issued and Filed by: Adam B. DocketCivil Case Cover Sheet; Filed by: Yida Gao (Plaintiff); Sand Hill Advisors, LLC (Plaintiff); As to: Adam B. 0000001856 00000 n Here, there is scant evidence of actual confusion, which weighs in favor of Defendant. Def. Plaintiff concedes as much, but argues such sophistication is irrelevant on the ground that its clients would not retain Plaintiff if they believed that it was focused on real estate management. Ex. NOTICE OF REFERENCE AND ORDER SCHEDULING HEARING: Hearing set for 04/08/2010 at 10:00 AM, re 61 Motion for Attorney Fees. Co., Inc., 870 F.2d 512, 517 (9th Cir. (Miller Decl. 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). SAND HILL ADVISORS, LLC v. SAND HILL ADVISORS, LLC. JUDGMENT entered in favor of Defendant Sand Hill Advisors, LLC. Signed by Judge ARMSTRONG on 1/5/09. 07:04. (Hill Depo. Com, Inc. v. Walt Disney Co., 202 F.3d 1199, 1205 n. 3 (9th Cir.2000). The record confirms that within five years of Plaintiff alleged date of first use, Defendant used the "Sand Hill Advisors" mark on its letterhead, and transacted business and publicized itself in newspapers and other media under that name. at 24:1-12 ("at the time we were located on Sand Hill Road. Plaintiff then sought to change its name from "Sand Hill Advisors, Inc." to "Sand Hill Advisors, LLC." (Entered: 12/22/2009), Proposed Order re 36 Motion for Summary Judgment by Sand Hill Advisors LLC. Def. <<4841BC4BF8452A4DA9F87B341F4BADE3>]>> A district court judge may refer a matter to a magistrate judge to conduct a hearing, including an evidentiary hearing, and to thereafter issue findings of fact and recommendations for the disposition of the matter. Sleekcraft, 599 F.2d at 352; Playboy Enters., Inc. v. Netscape Commc'ns, 354 F.3d 1020, 1026 (9th Cir.2004) ("actual confusion among significant numbers of consumers provides strong support for the likelihood of confusion[.]"). xb```f``Zuxb 1}rx@Rl3g3%WvU3_eXM?dKn ti edPF ) X& b`l y6%I*'.&h,(a`H31Hu@ 2d 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. D.) At the time of the most recent name change, Plaintiff was located at 3000 Sand Hill Road in Menlo Park, California, which is part of what is commonly referred to as the "Silicon Valley." Id. The Fiduciary Network-affiliated firm revealed on Wednesday that it had accessed the funds through the Paycheck Protection Program (PPP). Fed.R.Civ.P 72(b)(1); see Holder v. Holder, 392 F.3d 1009, 1022 (9th Cir. A, McCaffrey Depo. Surfvivor Media, Inc. v. Survivor Prods., 406 F.3d 625, 630 (9th Cir. Related services are generally more likely than unrelated services to confuse the public as to the provider of the services. No calendar events were found for this docket. (Davidson, Rachel) (Filed on 12/12/2008) (Entered: 12/12/2008), CERTIFICATE OF SERVICE by Sand Hill Advisors LLC re 3 ADR Scheduling Order, 2 Summons Issued, 1 Complaint (Martin, James) (Filed on 11/10/2008) (Entered: 11/10/2008), REPORT on the filing of an action regarding Service Mark Infringement (cc: form mailed to register). "Marks are often classified in categories of generally increasing distinctiveness; they may be (1) generic; (2) descriptive; (3) suggestive; (4) arbitrary; or (5) fanciful." Viewing the record in a light most favorable to Plaintiff, the Court finds that no reasonable jury could find that the parties' common use of the "Sand Hill Mark" is sufficient to create a likelihood of confusion. Motions due by 1/12/2010. The fact that the Court concluded that the Sleekcraft factors supported Defendant's position does not render Plaintiff's claim groundless or unreasonable. 57. Ex. Cons Only location is in downtown Palo Alto, not in the hub of the city or on the legendary Sand Hill Road. 9; McCaffrey Depo. "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].'" Sand Hill Advisors LLC v. Sand Hill Advisors LLC 10 The moving party bears the initial burden of demonstrating the basis for the motion and identifying the portions of the pleadings, depositions, answers to interrogatories, affidavits, and admissions on file that establish the absence of a triable issue of material fact. Commack Self-Service Kosher Meats, Inc. v. Hooker, Cunney v. Bd. 5 and Ex. Id. 1 MICHAEL J. BETTINGER (State Bar No. 122196) RACHEL R. (Williams Decl. The record confirms that Plaintiff proffered evidence regarding it various marketing and promotional efforts using the SAND HILL ADVISORS name. 10 0 obj <> endobj at 212:7-10. The Federal Reserve's long-awaited real-time payment system is at the finish line. 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). 2.) Docketof Court Order Continuing CMC; Filed by: Yida Gao (Plaintiff); As to: Adam B. 0000002396 00000 n %PDF-1.4 (tjs, COURT STAFF) (Filed on 1/29/2009) (Entered: 01/29/2009), NOTICE of need for ADR Phone Conference (ADR L.R. (Id. Yet, there is no evidence to support Plaintiff's assertion that "Sand Hill" evokes an "entrepreneurial" spirit. Inc., 287 F.3d 866, 871 (9th Cir.2002) (use of "Japan" in "Japan Telecom, Inc." did not "automatically make the trade name geographically descriptive"); Forschner Group, 30 F.3d at 355 ("That a phrase or term evokes geographic associations does not, standing alone, support a finding of geographic descriptiveness."). (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). Ex. Forschner, 30 F.3d at 355 (emphasis added). trailer (emphasis added). Ex. In Sand Hill Advisors, LLC v. Sand Hill Advisors, LLC a trademark case involving companies with the same name the Northern District of California found that northern California is big enough for both parties. There's always a lot to do, and even more to learn. 13.) 61, 64, 84, 85 Defendant. 1052(f) (emphasis added). WebCompany profile page for Sand Hill Advisors Inc including stock price, company news, press releases, executives, board members, and contact information STRUCK IN SUPPORT OF MOTION TO COMPEL ARBITRATION, Declaration - DECLARATION OF DENIS SHMIDT IN SUPPORT OF PLAINTIFFS AND CROSS-DEFENDANTS' OPPOSITION TO DEFENDANT AND CROSS-COMPLAINANT ADAM B. Having failed to show secondary meaning, Plaintiff cannot establish that it possesses a protectable mark, which is an essential element of its claim for service mark infringement. Service marks and trademarks are governed by identical standards." Chance v. Pac-Tel Teletrac Inc., 242 F.3d 1151, 1156 (9th Cir.2001). "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." Years later, certain members of Plaintiff's management sought to reacquire their equity stake from Boston Private, which prompted Plaintiff to reorganize as a Delaware limited liability company. Get A.M.business scoops. . By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, But for the bankers and credit union lenders who participated, PPP remains a high point of their careers. (Williams Decl. In Support Of Motion To Compel Arbitration: Name Extension changed from OF FRANK D. RORIE JR. See MSJ Order at 13-14, Dkt. "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." United States District Court, N.D. California, Oakland Division.https://leagle.com/images/logo.png. Plaintiff argues that "Advisors" requires imagination because it does not describe "wealth management" services in particular. Fed.R.Civ.P. Others say he should have named names. WebVenture Capital. (Entered: 01/21/2010), Minute Entry: Settlement Conference held on 1/13/10 before Magistrate Judge James Larson. Plaintiff also has made no showing that Plaintiff and Defendant attend the same networking events or that their "word-of-mouth" referrals involve the same demographic. (Entered: 12/15/2008), Declination to Proceed Before a U.S. Magistrate Judge by Sand Hill Advisors LLC. Declaration of Albert R. Hill, Jr. in Support of 36 MOTION for Summary Judgment filed bySand Hill Advisors LLC. United States District Court, N.D. California, Oakland Division. A.) Yellow Cab Co. of Sacramento v. Yellow Cab of Elk Grove, Inc., 419 F.3d 925, 930 (9th Cir.2005). On January 12, 2010, the parties appeared through counsel for oral argument on the motion. Anderson, 477 U.S. at 248, 106 S.Ct. *** Declaration of Rachel R. Davidson in Support of 47 Reply Memorandum filed by Sand Hill Advisors LLC. Plaintiff does not address, let alone dispute, Defendant's contention that neither party has evinced any intention to expand its business into the other's market. Ex. C-07-02258 RMW, 2008 WL 4542803 at *2 (N.D. Cal. See Japan Telecom, Inc. v. Japan Telecom Am. Signed by Judge ARMSTRONG on 0000002307 00000 n For reprint and licensing requests for this article, Swift works to bridge 'digital islands' of CBDCs, 20 bank holding companies with the largest consumer loan portfolios, Bank runs, fraud and faster payments: FedNow's impact on regulation, JPMorgan Chase, FDIC put an end to First Republic's slow bleed, Conflating issues or missing the point? Quinn v. Robinson, 783 F.2d 776, 791 (9th Cir. "Some factors are much more helpful than others, and the relative importance of each individual factor will be case specific. [I]t is often possible to reach a conclusion with respect to likelihood of confusion after considering only a subset of the factors." Sand Hill Advisors Inc - Company Profile and News Summons on Complaint; Issued and Filed by: Adam B. 1997). Yida Gao et al v. Struck et al 1:2023mc00086 | US District Court for Defendant contends that Plaintiff cannot meet either element of the test for service mark infringement, as a matter of law. (Davidson, Rachel) (Filed on 12/15/2008) Modified on 12/16/2008 (cjl, COURT STAFF). In Brief: Boston Private to Buy Calif. Advisory Firm WebSand Hill: a California Financial Planning and Wealth Management Firm, 245 Lytton Avenue, Palo Alto, CA, 94301, United States (650) 854-9150 amy@select-advisors.com 61, 64, 84, 85 Defendant. 0000000016 00000 n In addition, the widespread use of "Sand Hill" by other businesses further weakens the "Sand Hill Advisors" mark. 15-20, Dkt. 28 U.S.C. However, descriptive marks may acquire distinctiveness through use in commerce. "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." IAPD - Investment Adviser Public Disclosure - Homepage These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. (Hill Decl. At the other end of the spectrum are generic marks, which are not protected. (Dhillon, Jas) (Filed on 1/29/2009) Modified on 1/30/2009 (jlm, COURT STAFF). Though Plaintiff was unsuccessful in pressing this point, the Court notes that Plaintiff's argument was not frivolous.2. Listed below are those cases in which this Featured Case is cited. 0000002831 00000 n "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." Nearly two years after its last loan, the Paycheck Protection Program is still making headlines for all the wrong reasons, unfortunately. 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. 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. 3 and Ex. Ex. at 769, 112 S.Ct. (lrc, COURT STAFF) (Filed on 9/20/2010) Modified on 9/21/2010 (kc, COURT STAFF). Def. "Advisors" aptly describes the nature of Plaintiff's business; to wit, it advises clients on maintaining and building their wealth.
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