sand hill advisors lawsuit

Filing 92. 2.) A.) Ex. 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. Japan Telecom, 287 F.3d at 873, 875 (affirming summary judgment for defendant where plaintiff's evidence was insufficient to show secondary meaning). It is undisputed that Defendant offers no advice concerning investing in real estate to any third parties. The likelihood of consumer confusion decreases where the consumer is sophisticated and exercises a high degree of care. (McCaffrey Depo. 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. (Entered: 01/29/2009), ADR Clerks Notice Setting ADR Phone Conference on 2/10/09 at 11:00 a.m. However, descriptive marks may acquire distinctiveness through use in commerce. 0000013270 00000 n at 12-13. 0000001817 00000 n Struck (Defendant); Struck Capital Management, LLC (Defendant); Struck Capital Fund GP LLC (Defendant) et al. 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. 79, Filing Case Referred to Magistrate Judge for MANDATORY SETTLEMENT CONFERENCE to be held between 01/13/10 ant 01/22/10; Case Referred to Mediation. HWn:SjA-**KiH:u@rR5gEIVzv/6"?3ofJy'}J"Hz?pO2>NOklkI-'[cB9P0o '/{'{np"&}x\A0y68l\z?|. IAPD - Investment Adviser Public Disclosure - Homepage Plaintiff, however, was unable to register the new name with the California Secretary of State because *1111 Defendant had previously registered the name with the State in 1999. 's Mot. The `need test' focuses on the extent to which a mark is actually needed by competitors to identify their goods or services." See Sleekcraft, 599 F.2d at 348-49. Sand Hill 56(e); Orr v. Bank of Am., 285 F.3d 764, 773 (9th Cir. (Williams Decl. C at 80:1-82:9, Dkt. In what amounts to a final blow to Antiochs Measure T and the environmentalists efforts to stop the long-planned new home developments in the citys Sand Creek area, on June 7, 2021, a Contra Costa Superior Court judge ruled in favor of Oak Hill Park Company in their lawsuit against the City of Antioch to prevent the council from 31 0 obj<>stream L.R. at 50:10-52:14.) (Attachments: # 1 Davidson Declaration In Support of Defendant's Ex Parte Application, # 2 Proposed Order Granting Defendant's Ex Parte Application)(Davidson, Rachel) (Filed on 11/19/2009) (Entered: 11/19/2009), Order Setting Settlement Conference before Magistrate Judge James Larson. WebPlaintiff, Sand Hill Advisors LLC, a Delaware limited liability company, filed the instant service mark infringement action under the Lanham Act seeking to prevent Defendant, v. Joseph Rubin et al. The record unequivocally establishes that Plaintiff and Defendant's respective businesses share little, if anything, in common. Having so decided, the Court turns to the issue of whether the mark has acquired secondary meaning. In June 2015, the SEC filed a settled administrative action against 2 entrepreneurs who offered and sold security-based swaps through a website called Sand Hill exchange and sought people to fund accounts at Sand Hill using dollars or bitcoins. at 212:7-10. q Def. In Brief: Boston Private to Buy Calif. Advisory Firm 's Mot. *** Declaration of Rachel R. Davidson in Support of 47 Reply Memorandum filed by Sand Hill Advisors LLC. 72-3. And so that was our address, but we felt it was an address that we wanted to trumpet. J. Michael Keyes of Court Order Continuing CMC; Filed by: Yida Gao (Plaintiff); As to: Adam B. 2753. Commack Self-Service Kosher Meats, Inc. v. Hooker, Cunney v. Bd. Defendant now moves this Court for a de novo determination of the Magistrate's recommendation, and requests that the Court grant its motion for attorneys' fees. ("MSJ Order"), Dkt. Docketof Court Order Continuing CMC; Filed by: Yida Gao (Plaintiff); As to: Adam B. (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 PART 1, # 9 Exhibit H PART 2, # 10 Exhibit H PART 3, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16 Exhibit N, # 17 Exhibit O, # 18 Exhibit P, # 19 Exhibit Q, # 20 Exhibit R, # 21 Exhibit S, # 22 Exhibit T, # 23 Exhibit U, # 24 Exhibit V)(Related document(s) 42 ) (Martin, James) (Filed on 12/11/2009) Modified on 12/14/2009 (jlm, COURT STAFF). 92, Filing 's Mot. (Date Filed: 2/18/2009). ), 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. All Rights Reserved. An applicant nevertheless may seek to register a descriptive mark pursuant to section 2(f), which creates a presumption of distinctiveness (or "acquired distinctiveness"), where the applicant can establish at least five years of substantially exclusive and continuous use. Access the Case Summary and Docket Report to access additional information about this case on the US Court's PACER system. (Attachments: # 1 Appendix Declaration of James P. Martin, # 2 Appendix Proposed Order)(Martin, James) (Filed on 12/2/2009) Modified on 12/3/2009 (jlm, COURT STAFF). 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." In fact, Plaintiff readily acknowledges that Defendant places its banners on buildings while Plaintiff uses them at sponsored events. Miller v. Glenn Miller Prods., *1116 Inc., 454 F.3d 975, 991 (9th Cir.2006). E at 128:22-129:1, Dkt. Two Pesos, Inc. v. Taco Cabana, Inc., 505 U.S. 763, 768, 112 S.Ct. IN SUPPORT OF MOTION TO COMPEL ARBITRATION to Of Frank D. Rorie JR. Case Management Conference set for 2/10/2009 04:00 PM. (lrc, COURT STAFF) (Filed on 1/5/2009) Modified on 1/6/2009 (jlm, COURT STAFF). At the conclusion of the hearing, the Court took the matter under submission. (Opp'n at 17.) See One Indus., LLC v. Jim O'Neal Distrib., Inc., 578 F.3d 1154, 1164 (9th Cir.2009) ("When similar marks permeate the marketplace, the strength of the mark decreases. "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].'" (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). Whether a mark has acquired secondary meaning generally presents a question of fact. To reflect this change, Plaintiff then sought to change its name from "Sand Hill Advisors, Inc." to "Sand Hill Advisors, LLC." Civ. Notably, section 2(f) was neither addressed nor at issue in either case. STIPULATION AND ORDER: To Allow Defendant to Amend Answer, Signed by Judge Saundra Brown Armstrong, on 5/27/09. WebFebruary 17, 2023 Sand Hill Global Advisors, registered in 2000, serves 9 state (s) with a licensed staff of 14 advisors. 2753. 1995). v. 2505 (internal citations omitted). 's Mot. Operating Status Active. Since around 1995, Plaintiff has provided a variety of financial and advisory services to its "high net-worth" clients to assist them in the investment and management of their assets. 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. 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." "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." Where the mark is not registered, as in the instant case, a plaintiff must establish that its mark either is inherently distinctive, or has acquired distinctiveness through secondary meaning. 0000001296 00000 n Click the citation to see the full text of the cited case. (Entered: 02/26/2009), ADR Clerks Notice Appointing James Gilliland as Mediator. Sand Hill (Opp'n at 23.) 0000000016 00000 n at 1218-19. (Mot. Co., Inc., 870 F.2d 512, 517 (9th Cir. Defendant filed a reply memorandum, and the matter is now fully briefed. 58, Filing Eaton, Ingham, Hillsdale counties accused of illegally profiting 28 U.S.C. In Support Of Motion To Compel Arbitration; As To Parties: removed. at 47:2-73:8; Creighton Depo. Sand Hill On appeal, the court addressed, among other things, the strength of the mark "Rodeo Collection." Public Records Policy. 88, Filing (Id. Neither party discusses the threshold question of whether section 2(f) is germane in an infringement case where the mark is unregistered. WebSand Hill Advisors LLC. (Hill Decl. B, Williams Depo. Vision Sports, Inc. v. Melville Corp., 888 F.2d 609, 615 (9th Cir. 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. Signed by Magistrate Judge Maria 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." The deal is expected to close in July or August, said Walter M. Pressey, Boston Private Financial's chief financial officer. trailer (Entered: 12/22/2009), *** Exhibit C FILED IN ERROR. 1986). SAND HILL ADVISORS LLC v. SAND HILL ADVISORS LLC (mejlc1, COURT STAFF) Modified on 6/2/2010. (lrc, COURT STAFF) (Filed on 9/20/2010) Modified on 9/21/2010 (kc, COURT STAFF). 85. After considering the motion on the papers submitted, the Magistrate issued a thorough, fourteen-page order in which she recommended denying Defendant's motion. (Id.). at 66:1-3.) ), As a result of Plaintiff's inability to register the name "Sand Hill Advisors LLC" with the California Secretary of State, Plaintiff filed suit against Defendant in this Court on November 4, 2008, alleging a single claim for service mark infringement under the Lanham Act. Struck (Defendant); Struck Capital Management, LLC (Defendant); Struck Capital Fund GP LLC (Defendant) et al. ), Since its founding in 1982, Plaintiff has undergone a number of name changes. See Levi Strauss & Co. v. Blue Bell, Inc., 778 F.2d 1352, 1358 (9th Cir.1985) ("[Levi] Strauss was required to prove that the tab as used on shirts had acquired secondary meaning by 1976, when Blue Bell began using a protruding label on shirts."). ORDER REFERRING MOTION re 61 Motion for Attorney Fees. A. degree from University of California , Santa Cruz and a B. 1052(f) (emphasis added). See Fed.R.Civ.P. Ex. Save 25% on a pre-paid one year subscription. (cjl, COURT STAFF) (Filed on 11/4/2008) (Entered: 11/06/2008). F, Hill Depo. 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. (Entered: 12/22/2009), Proposed Order re 36 Motion for Summary Judgment by Sand Hill Advisors LLC. Factual findings are reviewed for clear error. (cjl, COURT STAFF) (Filed on 11/6/2008) (Entered: 11/06/2008), ADR SCHEDULING ORDER: Case Management Statement due by 2/3/2009. WebSAND HILL ADVISORS, LLC, a Delaware limited liability company, Plaintiff, vs. Phone Number (650) 8549150. C, Conway Depo. The central bank's instant payment system could bring enormous benefits to banks and their customers. YIDA GAO, ET AL VS ADAM B STRUCK, ET AL - UniCourt 61, 64, 84, 85 Defendant. To update this case yourself, sign into PACER (paid PACER subscription required). endstream endobj 21 0 obj<>stream Co., Inc. v. Enco Mfg. 0000005085 00000 n 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." (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. 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). L.) At present, Plaintiff manages between $800 million to a $1 billion in assets. Evidence that use of a mark or name has already caused actual confusion as to the source of a product or service is "persuasive proof that future confusion is *1121 likely." In addition, Defendant asserts that the only reason Plaintiff commenced this action was to obtain the right to register its mark with the California Secretary of State. Id. (Hill Depo. Defendant argues that Plaintiff presented no evidence to support its claim of secondary meaning. The Court has concluded above that "Sand Hill Advisors" is primarily geographically descriptive, which supports the conclusion that the mark is weak. At his deposition, Mr. Hill testified that he made an effort to determine whether the domain name www.sandhill advisors.com was available, but denied using an internet search engine such as Google to ascertain whether another company already was using the name "Sand Hill Advisors." Quinn v. Robinson, 783 F.2d 776, 791 (9th Cir. Indus. IN SUPPORT OF MOTION TO COMPEL ARBITRATION to Of Frank D. Rorie JR. Saundra Brown Armstrong for all further proceedings. 7@t020B bNq E She testified that such mark was chosen because of its geographical reference, since they worked and lived in that area, and were active in the community. (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. Ex. 15-20, Dkt. Struck (Defendant); Struck Capital Management, LLC (Defendant); Struck Capital Fund GP LLC (Defendant) et al. Case Details | 147794 - Michigan The Court concludes that Plaintiff's mark is weak and that this factor weighs in favor of Defendant. In a trademark infringement action, Plaintiff bears the burden of establishing that the defendant use of the same or similar mark is likely to cause confusion based upon consideration of the factors set forth in AMF Inc. v. Sleekcraft Boats, 599 F.2d 341, 448-49 (9th Cir. 1979). IAPD - Investment Adviser Public Disclosure - Homepage Plaintiff, Sand Hill Advisors LLC, a Delaware limited liability company, filed the instant service mark infringement action under the Lanham Act seeking to prevent Defendant, Sand Hill Advisors LLC, a California limited liability company, from continuing to use the mark "Sand Hill Advisors." Signed by Judge ARMSTRONG on 9/15/10. Id. They're working to cleanup and update technology and procedures (the new website looks great), which is a positive, but overdue. (lrc, COURT STAFF) (Filed on 2/17/2010) Modified on 2/18/2010 (jlm, COURT STAFF). 57. (Davidson Decl. Plaintiff surmises that Mr. Hill was not being truthful and posits that he must have known about Plaintiff when he was securing Defendant's domain name.

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