56(e); Orr v. Bank of Am., 285 F.3d 764, 773 (9th Cir. Def. (lrc, COURT STAFF) (Filed on 9/20/2010) Modified on 9/21/2010 (kc, COURT STAFF). Sand Hill Advisors LLC v. Sand Hill Advisors LLC. Plaintiff argues that its provision of real estate investment advice overlaps with Defendant's business. "Marks are often classified in categories of generally increasing distinctiveness; . (lrc, COURT STAFF) (Filed on 1/26/2010) Modified on 1/27/2010 (jlm, COURT STAFF). Sand Hill Advisors LLC v. Sand Hill Advisors LLC Filing 92 AMENDED ORDER re 91 Order, Terminate Motions,,,,,. 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. The fact that the Court concluded that the Sleekcraft factors supported Defendant's position does not render Plaintiff's claim groundless or unreasonable. Rather, the relevant inquiry is whether, upon consideration of all terms comprising a composite mark, "the term is being used geographically." Defendant argues that Plaintiff presented no evidence to support its claim of secondary meaning. In fact, Plaintiff readily acknowledges that Defendant places its banners on buildings while Plaintiff uses them at sponsored events. Boston Private said it would pay 70% of the purchase price in cash and the rest in stock. Plaintiff is a so-called "wealth management" firm that caters to high net worth individuals. 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. DocketSummons on Complaint; Issued and Filed by: Adam B. Brenda Vingiello 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 9; McCaffrey Depo. WebGet free access to the complete judgment in SAND HILL ADVISORS LLC v. SAND HILL ADVISORS LLC on CaseMine. (E.g., Williams Decl. at 23:3-15; Williams Decl. The Federal Reserve's long-awaited real-time payment system is at the finish line. (Conway Depo. (Entered: 12/02/2009). 62-5; see also R&R at 6-7, Dkt. (Entered: 12/22/2009), Reply Memorandum re 36 Motion for Summary Judgment filed by Sand Hill Advisors LLC. Prods., Inc. v. Beckman Instruments, Inc., 718 F.2d 1201, 1206 (1st Cir. On November 19, 2009, Defendant filed the instant Motion for Summary Judgment. In general, 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." Jury Trial set for 2/22/2010 08:30 AM. In or about 2000, Boston Private Financial Holdings ("Boston Private") acquired a financial interest in Plaintiff. 0000001160 00000 n for Summ. at 13-18. v. 28 U.S.C. Signed by Judge ARMSTRONG on 9/16/10. Stated simply, it is not. (Hill Decl. Id. (Conway Depo. But there's still some wrinkles that need to be ironed out so it can work with its cousin from The Clearing House. J. 2753. "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." (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. "This acquired distinctiveness is generally called `secondary meaning.'" WebThe Michigan Supreme Court is providing the information on this website as a public service. 83, Filing "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." 64. VIA TELEPHONE. Struck (Defendant); Struck Capital Management, LLC (Defendant); Struck Capital Fund GP LLC (Defendant) et al. Eaton, Ingham, Hillsdale counties accused of illegally profiting IN SUPPORT OF MOTION TO COMPEL ARBITRATION, 7/8/2021: Declaration - DECLARATION OF ADAM B. Home | Sand Hill Global Advisors SEC.gov While both parties operate websites, Plaintiff has admitted that no one viewing Defendant's website would confuse it with Plaintiff's site. Signed by Judge ARMSTRONG on DocketAnswer; Filed by: Adam B. Signed by Judge Saundra Brown Armstrong, on 11/19/09. Art Attacks Ink, LLC v. MGA Entm't Inc., 581 F.3d 1138, 1145 (9th Cir. Seeing developments that could cause 5% pullback: Sand Hill Global Advisors CIO. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. Co., 704 F.2d 1575, 1577 (Fed.Cir.1983) (common use of "DRC" mark not likely to cause confusion where products were "quite distinct"). (Williams Decl. WebFebruary 17, 2023 Sand Hill Global Advisors, registered in 2000, serves 9 state (s) with a licensed staff of 14 advisors. 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 Sand Hill Global Advisors manages $3.6 billion and provides investment advisory services for 433 clients (1:31 advisor/client ratio). Struck (Defendant); Struck Capital Management, LLC (Defendant); Struck Capital Fund GP LLC (Defendant) et al. at 67:24-68:3; Williams Decl. at 80:15, 81:21-22. ), Defendant is a California limited liability company formed by business partners Bert Sandell and Albert Hill, Jr., located in Los Altos, California. That leaves "descriptive" marks, which are not considered inherently distinctive because *1113 they define a particular characteristic of a product in a way that does not require any exercise of the imagination. Ex. Plaintiff's ancillary contention that "Sand Hill Advisors" satisfies the "need test" fares no better. (Opp'n at 14.) (McCaffrey Depo. Def. Plaintiff's assertion that the parties overlap in the area of real estate services paints with too broad a brush. See Report and Recommendation Re: Def. Yet, there is no evidence to support Plaintiff's assertion that "Sand Hill" evokes an "entrepreneurial" spirit. Neither party discusses the threshold question of whether section 2(f) is germane in an infringement case where the mark is unregistered. 0000005571 00000 n In addition, the record does not support Defendant's assertion that the only reason Plaintiff filed suit was to "force it to surrender its business registration" in California. Filing 1 MOTION for a Protective Order - filed by Yida Gao, Sand Hill Advisors PR LLC, Shima Capital Management LLC. See Lahoti v. VeriCheck, Inc., 586 F.3d 1190, 1197 (9th Cir. The Court, in its discretion, finds this matter suitable for resolution without oral argument. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. They're working to cleanup and update technology and procedures (the new website looks great), which is a positive, but overdue. See 2 J. Thomas McCarthy, McCarthy on Trademarks and Unfair Competition, 14:7 (4th ed. "The `true test of secondary meaning' is the effectiveness of the advertising effort." 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). (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. 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. (Martin, James) (Filed on 1/22/2010) Modified on 1/25/2010 (jlm, COURT STAFF). We are experts in guiding wealthy families and individuals through complex financial transitions. 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 Plaintiff provides no analysis or legal authority for its position. Applied Info. 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). 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. 2009). (Williams Decl. "Sand Hill" refers to a geographical locale where Plaintiff operates its business. 0000001296 00000 n "Exceptional circumstances can be found when the non-prevailing party's case is groundless, unreasonable, vexatious, or pursued in bad faith." Sand Hill Advisors LLC: Defendant: Sand Hill Advisors LLC: Case Number: 4:2008cv05016: Filed: November 4, 2008: Court: US District Court for the Northern District 44; Davidson Decl. 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. 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. Applied Info Sciences Corp., 511 F.3d at 969-970. Sand Hill Advisors LLC v. Sand Hill Advisors LLC, Filing (Id. 0000000736 00000 n The record unequivocally establishes that Plaintiff and Defendant's respective businesses share little, if anything, in common. Plaintiff admittedly has no direct evidence of Defendant's intent to deceive, but instead claims that such intent can be inferred on the ground that Mr. Hill denied knowing about Plaintiff's existence at the time he registered Defendant as a limited liability company in 1999. Id. (wdblc1, COURT STAFF) (Filed on 12/15/2008) Modified on 12/16/2008 (cjl, COURT STAFF). SAND HILL ADVISORS, LLC v. SAND HILL ADVISORS, LLC. See Arrow Fastener Co., Inc. v. Stanley Works, 59 F.3d 384, 393 (2d Cir. Click on the case name to see the full text of the citing case. As for the issue of whether Plaintiff could establish the requisite five years of continuous and exclusive use, the Court finds that Defendant raised a colorable argument in support of such a claim. (Mot. (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. Aside from being devoid of evidentiary support, Plaintiff's argument misses the point. Ex. at 8-9. at 66:1-3.) C at 80:1-82:9, Dkt. 0000002907 00000 n 636(b)(1)(B), (C); Fed.R.Civ.P. Cold War Museum, Inc. v. Cold War Air Museum, Inc., 586 F.3d 1352, 1356 (Fed. 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. Brenda Vingiello Classic Media, Inc. v. Mewborn, 532 F.3d 978, 990 (9th Cir. WebDefendant Sand Hill Advisors LLCs stipulation to amend its Answer to assert additional Affirmative Defenses challenging Plaintiffs legal capacity and standing to bring its 's Mot. (Entered: 02/24/2009), ORDER REFERRING CASE to Magistrate Judge for ALL Discovery purposes. Of Grand View, 84 Video/newsstand, Inc. v. Thomas Sartini. After considering the motion on the papers submitted, the Magistrate issued a thorough, fourteen-page order in which she recommended denying Defendant's motion. 's Opp'n to Def. L.) Although it is not engaged in the purchase or sale of real estate on behalf of its clients, Plaintiff does provide advice and counseling on investments in real property and Real Estate Investment Trusts, real estate financing alternatives, management alternatives, asset allocation and trends in the real estate market. Id. It is undisputed that Defendant offers no advice concerning investing in real estate to any third parties. Surfvivor Media, Inc. v. Survivor Prods., 406 F.3d 625, 630 (9th Cir. STIPULATION AND ORDER: To Allow Defendant to Amend Answer, Signed by Judge Saundra Brown Armstrong, on 5/27/09. (adsbygoogle = window.adsbygoogle || []).push({}); Non-Government Works Copyright 2001-2023 Think Computer Corporation. Company Type For Profit. NOTICE OF REFERENCE AND ORDER SCHEDULING HEARING: Hearing set for 04/08/2010 at 10:00 AM, re 61 Motion for Attorney Fees. E at 128:22-129:1, Dkt. On November 19, 2009, Defendant filed a Motion for Summary Judgment. WebIAPD provides information on Investment Adviser firms regulated by the SEC and/or state securities regulators. Though ultimately concluding that such evidence was insufficient to establish a issue of fact regarding secondary meaning, the Court did not find that Plaintiff's position was groundless or baseless. We worked in that area. 's Mot. for Summ. SAND HILL ADVISORS LLC, a Delaware limited liability company: Defendant - Appellee,: SAND HILL ADVISORS LLC, a California limited liability company: Case Number: 1117(a). The central bank's instant payment system could bring enormous benefits to banks and their customers. "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].'" Id. This Order terminates all pending matters in the Docket. Given Plaintiff's concession that the parties' customers are sophisticated and are unlikely to confuse the two companies, the Court finds that this factor weighs in favor of Defendant. Aug. 13, 2007). Mark H. Epstein in Department R Santa Monica Courthouse, Notice of Case Management Conference; Filed by: Clerk. In Support Of Motion To Compel Arbitration; As To Parties: removed. Struck (Defendant); As to: Yida Gao (Plaintiff); Sand Hill Advisors, LLC (Plaintiff); Shima Capitol LLC, a Delaware Limited Liability Company (Cross-Defendant) et al. Civ. In addition, the Court may consider further evidence or remand the matter to the magistrate judge with instructions. 84. Sand Hill of Court Order Continuing CMC; Filed by: Yida Gao (Plaintiff); As to: Adam B. 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). STRUCK CAPITAL SPECIAL SITUATIONS MANAGEMENT LLC, DIVERGENCE DIGITAL CURRENCY MANAGEMENT LLC, 8/3/2021: Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL ARBITRATION), 2/3/2023: Notice of Change of Address or Other Contact Information, 10/12/2022: Notice - OF COURT ORDER CONTINUING CMC, 10/4/2022: Minute Order - MINUTE ORDER (STATUS CONFERENCE RE: ARBITRATION), 2/3/2022: Minute Order - MINUTE ORDER (STATUS CONFERENCE RE: ARBITRATION), 7/8/2021: Declaration - DECLARATION OF FRANK D. RORIE JR. Brenda Vingiello is a Chief Investment Officer at Sand Hill Global Advisors based in Palo Alto, California. Docket Summons on Complaint; Issued and Filed by: Yida Gao (Plaintiff); Sand Hill Advisors, LLC (Plaintiff); As to: Adam B. Sand Hill Advisors LLC v. Sand Hill Advisors LLC 10 Sciences Corp. v. eBay, Inc., 511 F.3d 966, 969-970 (9th Cir.2007). (Mot. 0000005191 00000 n 15 U.S.C. 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." 56(e); Celotex, 477 U.S. at 324, 106 S.Ct. 2023-02-21, Los Angeles County Superior Courts | Contract | RELATED. "A strong possibility that either party may expand his business to compete with the other will weigh in favor of finding that the present use is infringing." "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." The Court has concluded above that "Sand Hill Advisors" is primarily geographically descriptive, which supports the conclusion that the mark is weak. Operating Status Active. 28 U.S.C. 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. at 47:2-73:8; Creighton Depo. WebCompany profile page for Sand Hill Advisors Inc including stock price, company news, press releases, executives, board members, and contact information Art Attacks Ink, LLC v. MGA Entm't Inc., 581 F.3d 1138, 1145 (9th Cir.2009) (internal quotation marks and citation omitted, emphasis added). (McCaffrey Depo. 57. Seeing developments that could cause Where, as here, the mark is not registered, a plaintiff must establish that its mark either is inherently distinctive, or has acquired distinctiveness through secondary meaning. 39, Filing (Entered: 01/21/2010), Minute Entry: Settlement Conference held on 1/13/10 before Magistrate Judge James Larson. Id. (Id. See, e.g., Williams Decl. *** Declaration of Rachel R. Davidson in Support of 47 Reply Memorandum filed by Sand Hill Advisors LLC. 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. (Davidson's Reply Decl. 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." In certain cases, "[e]vidence of use and advertising over a substantial period of time is enough to establish secondary meaning." Plaintiff's desire to protect such interests is a legitimate one. Accordingly, this factor weighs in favor of Defendant. Mar. Brenda received a B. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. (Entered: 12/28/2009), *** FILED IN ERROR. (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. at 24:9-11. Yellow Cab Co. of Sacramento v. Yellow Cab Co. of Elk Grove, Inc., No. "An expert survey of purchasers can provide the most persuasive evidence of secondary meaning." The mere fact that a mark references a geographic location does not ipso facto lead to the conclusion that the mark is descriptive. Struck (Defendant); Struck Capital Management, LLC (Defendant); Struck Capital Fund GP LLC (Defendant) et al. [3] Plaintiff's assertion that "Sand Hill Advisors" is suggestive also is at odds with Mr. Conway's acknowledgment the founders selected such name because it was "a more generic title." In view of the dearth of evidence of actual confusion, the Court finds that this factor weighs in favor of Defendant. Sand Hill Advisors, LLC - CourtListener.com 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. Sand Hill Global Advisors ORDER by Judge Saundra Brown Armstrong GRANTING 36 Motion for Summary Judgment. The `need test' focuses on the extent to which a mark is actually needed by competitors to identify their goods or services." 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. 's Mot. 1997). DocketNotice of Case Assignment - Unlimited Civil Case; Filed by: Clerk, U.S. District Courts | Other | AMENDED ORDER re 91 Order, Terminate Motions,,,,,,. 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? Defendant has since corrected this error by submitting a properly verified version of Mr. Hill's declaration. 0000002831 00000 n 0 Signed by Judge ARMSTRONG on 1/5/09. We lived in that area. at 769, 112 S.Ct. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. 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.