Japan Telecom, 287 F.3d at 873, 875 (affirming summary judgment for defendant where plaintiff's evidence was insufficient to show secondary meaning). 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." (Entered: 12/11/2009), Memorandum in Opposition re 36 Motion for Summary Judgment filed by Sand Hill Advisors LLC. 's Mot. Defendant has since corrected this error by submitting a properly verified version of Mr. Hill's declaration. Whether a mark has acquired secondary meaning generally presents a question of fact. 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." All Rights Reserved. Id. "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." (edllc2, COURT STAFF) (Filed on 2/26/2009) Modified on 2/27/2009 (jlm, COURT STAFF). 's Mot. 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." (Martin, James) (Filed on 12/11/2009) Modified on 12/14/2009 (jlm, COURT STAFF). (Davidson, Rachel) (Filed on 12/22/2009) Modified on 12/23/2009 (jlm, COURT STAFF). (Entered: 05/28/2009), STIPULATION to Amend Defendant Sand Hill Advisors LLC's Answer and Affirmative Defenses, filed by Sand Hill Advisors LLC., Sand Hill Advisors LLC. %PDF-1.3 Ex. This argument is based on nothing but sheer speculation, which is not evidence. The `need test' focuses on the extent to which a mark is actually needed by competitors to identify their goods or services." 0000000596 00000 n STRUCK'S MOTION TO COMPEL ARBITRATION, 7/21/2021: Opposition - OPPOSITION TO DEFENDANT AND CROSS-COMPLAINANT ADAM B. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. 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. at 24:1-12 ("at the time we were located on Sand Hill Road. However, the cited deposition excerpts of Gary Conway, one of Plaintiff's founders, do not support Defendant's argument. (lrc, COURT STAFF) (Filed on 1/26/2010) Modified on 1/27/2010 (jlm, COURT STAFF). Def. The central bank's instant payment system could bring enormous benefits to banks and their customers. 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 (Opp'n at 16.). Signed by the Executive Committee on December 16, 2008. 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. 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." at 27:13-23 ("[W]e had been located at Sand Hill Road and actually were a very active part of the community around that area. 3-5 d), filed by Sand Hill Advisors LLC, Sand Hill Advisors LLC. (lrc, COURT STAFF) (Filed on 5/28/2009) Modified on 5/29/2009 (jlm, COURT STAFF). He further stated that the location of Plaintiff's business "was very much part and parcel" to its decision to adopt "Sand Hill Advisors" as its name. Struck (Defendant); Struck Capital And how much will banks have to pay? The mere fact that a mark references a geographic location does not ipso facto lead to the conclusion that the mark is descriptive. 7@t020B bNq E (Davidson Decl. (Martin, James) (Filed on 12/11/2009) Modified on 12/14/2009 (jlm, COURT STAFF). (Conway Depo. 's Mot. Yellow Cab Co. of Sacramento v. Yellow Cab of Elk Grove, Inc., 419 F.3d 925, 930 (9th Cir.2005). F at 2.) Even if section 2(f) were applicable, Plaintiff has failed to demonstrate the requisite five years of exclusive and continuous use. RELATED. (Hill Decl. Sand Hill Advisors LLC v. Sand Hill Advisors LLC, Filing (Id.) Click the citation to see the full text of the cited case. Surfvivor Media, 406 F.3d at 631-32. (Hill Decl. (Opp'n at 13.) Contact Email info@sandhillglobaladvisors.com. Executive Compensation has grown increasingly complicated. Public Records Policy. "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." 3-4) Modified on 12/29/2009 (ewn, COURT STAFF). (Entered: 12/22/2009), *** Exhibit C FILED IN ERROR. 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. WebGet free access to the complete judgment in SAND HILL ADVISORS LLC v. SAND HILL ADVISORS LLC on CaseMine. (Mot. (lrc, COURT STAFF) (Filed on 9/20/2010). In October 1989, Conway, Luongo, Williams, Inc., changed its name to Conway, Williams & Foster, Inc. (Id. (mejlc1, COURT STAFF) (Filed on 6/1/2010) Modified on 6/2/2010 (jlm, COURT STAFF). STRUCK'S MOTION TO COMPEL ARBITRATION, 7/27/2021: Reply - REPLY REPLY MEMORANDUM IN SUPPORT OF ADAM B. STRUCKS MOTION TO COMPEL ARBITRATION, Hearing08/29/2023 at 08:30 AM in Department R at 1725 Main Street, Santa Monica, CA 90401; Status Conference, DocketUpdated -- Denis Shmidt (Attorney): Organization Name changed from Orsus Gate LLP to HARDER STONEROCK LLP, DocketNotice 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, DocketNotice of Change of Address or Other Contact Information; Filed by: Amnon Siegel (Attorney), DocketAddress for Amnon Siegel (Attorney) updated. (Hill Depo. %PDF-1.4 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. 2505. 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." CIV S-02-0704 FCD DAD, 2007 WL 988054 at *2 (E.D. Defendant argues that Plaintiff lacked a reasonable basis for claiming that SAND HILL ADVISORS was suggestive or had acquired secondary meaning. Defendant next argues that Plaintiff lacked any objective basis upon which to claim that SAND HILL ADVISORS is a suggestive mark entitled to protection under the Lanham Act. NOTICE of Substitution of Counsel, filed by Sand Hill Advisors, LLC. (lrc, COURT STAFF) (Filed on 1/25/2010) Modified on 1/26/2010 (jlm, COURT STAFF). 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"). 9; McCaffrey Depo. 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. On January 26, 2010, the Court issued its Order granting summary judgment in favor of Defendant.1 See Order Granting Def. "If the evidence is merely colorable, or is not significantly probative, summary judgment may be granted." Signed by Judge ARMSTRONG on 9/16/10. Case No: C 08-5016 0000004984 00000 n 28 U.S.C. 1986). Motion Hearing set for 2/23/2010 01:00 PM in Courtroom 3, 3rd Floor, Oakland. 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. 0000001331 00000 n 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. 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. B, Williams Depo. (Opp'n at 19.) Lahoti, 586 F.3d at 1201. for Summ. A. degree from University of California , Santa Cruz and a B. (cjl, COURT STAFF) (Filed on 11/4/2008) (Entered: 11/06/2008). A.) Applied Info. Such services include investment planning, retirement and estate planning and philanthropic strategies. C, Conway Depo. %%EOF If the answer is yes, then the geographic term is probably used in a descriptive sense, and secondary meaning is required for protection.").[3]. 2753. Having so decided, the Court turns to the issue of whether the mark has acquired secondary meaning. Here, the services offered by Plaintiff and Defendant are fundamentally distinct. Alliance for Open Soc. "An expert survey of purchasers can provide the most persuasive evidence of secondary meaning." Rule 56(c) of the Federal Rules of Civil Procedure authorizes summary judgment if there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. ), Defendant is a California limited liability company formed by business partners Bert Sandell and Albert Hill, Jr., located in Los Altos, California. VIA TELEPHONE. (Entered: 02/03/2009), Certificate of Interested Entities by Sand Hill Advisors LLC identifying Corporate Parent Boston Private Financial Holdings, Inc. for Sand Hill Advisors LLC. for Summ. ), 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"). Def. 57. Cancellation and Refund Policy, Privacy Policy, and 0000004838 00000 n 0000001069 00000 n (Entered: 01/14/2010), Minute Entry: Motion Hearing held on 1/12/2010 before Judge Saundra Brown Armstrong (Date Filed: 1/12/2010). at 12-13. WebSAND HILL ADVISORS, LLC, a Delaware limited liability company, Plaintiff, v. SAND HILL ADVISORS, LLC, a California limited liability company, Dkt. 26, US District Court for the Northern District of California, 15:1125 Trademark Infringement (Lanham Act). Struck (Defendant); Struck Capital Management, LLC (Defendant); Struck Capital Fund GP LLC (Defendant) et al. Surfvivor Media, Inc. v. Survivor Prods., 406 F.3d 625, 630 (9th Cir. 33 0 obj <> endobj "); Williams Depo. at *13. 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. Plaintiff's argument is unpersuasive. 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. 3Wrv]*\nwNN!4N%tN)NNNN9)%-cDE)7(/-3d=:tK~iE)f}!C6C@0d.O rZ aEnQ;! Signed by Judge Saundra Brown Armstrong, on 1/26/10. 0000005085 00000 n 84. Signed by Magistrate Judge Elizabeth D. Laporte, on February 26, 2009. Plaintiff's desire to protect such interests is a legitimate one. 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. Since it began using the "Sand Hill Advisors LLC" mark in 1999, Defendant has received only five or six telephone calls and received a package intended for Plaintiff. STRUCK'S MOTION TO COMPEL ARBITRATION, Opposition - OPPOSITION TO DEFENDANT AND CROSS-COMPLAINANT ADAM B. Intern. Plaintiff then sought to change its name from "Sand Hill Advisors, Inc." to "Sand Hill Advisors, LLC." (cjl, COURT STAFF) (Filed on 11/4/2008) (Entered: 11/06/2008), COMPLAINT against Sand Hill Advisors LLC (Filing fee $350, receipt number 34611025084). 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[.]" 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. (Entered: 02/26/2009), ADR Clerks Notice Appointing James Gilliland as Mediator. The Court has concluded above that "Sand Hill Advisors" is primarily geographically descriptive, which supports the conclusion that the mark is weak. All but one of the Sleekcraft factors strongly favor Defendant, and none favor Plaintiff. trailer (cjl, COURT STAFF) (Filed on 11/6/2008) (Entered: 11/06/2008), ADR SCHEDULING ORDER: Case Management Statement due by 2/3/2009. Signed by Judge Maria-Elena James on 4/5/2010. (Date Filed: 2/18/2009). Defendant does not provide any services to the public and has never provided any financial, investment or any other advice to any third party. 2008). SAND HILL ADVISORS, LLC, a Delaware limited liability company, Plaintiff, v. SAND HILL ADVISORS, LLC, a California limited liability company, Dkt. 57. (Williams Decl. 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. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. Defendant is a California limited liability company located in Los Altos, California, formed by business partners Bert Sandell and Albert Hill, Jr. Messrs. Sandell and Hill filed their Limited Liability Company Articles of Organization with the California Secretary of State on April 27, 1999. 's Opp'n to Def. Summary. As support, Plaintiff relies on Rodeo Collection Ltd. v. W. Seventh, 812 F.2d 1215 (9th Cir.1987). 636(b)(1)(B), (C); Fed.R.Civ.P. 2004). 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. at 22.) ), 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. Though existing in various incarnations since 1982, in March 1995, Plaintiff changed its name to "Sand Hill Advisors, Inc." At that time, Plaintiff's offices were located at 3000 Sand Hill Road, Menlo Park, California. Accordingly, a genuine issue for trial exists if the non-movant presents evidence from which a reasonable jury, viewing the evidence in the light most favorable to that party, could resolve the material issue in his or her favor. They're working to cleanup and update technology and procedures (the new website looks great), which is a positive, but overdue. 0000001296 00000 n (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). Ex. Stephen W. Boney, Inc. v. Boney Servs., Inc., 127 F.3d 821, 827 (9th Cir. 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. Mar. This contention lacks merit. YIDA GAO, ET AL. at 13-18. Indeed, Mr. Conway admitted that Defendant is not a competitor of Plaintiff. 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. "This acquired distinctiveness is generally called `secondary meaning.'" J. at 16-17, Dkt. (Opp'n at 25.) 2753. Id. Inc. v. US Agency Intern. 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 at 27:13-23.) 62-3. (Martin, James) (Filed on 1/21/2010) Modified on 1/22/2010 (jlm, COURT STAFF). (Opp'n at 14.) 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. at 132:12-133:8; Conway Depo. 0000000736 00000 n Mark H. Epstein in Department R Santa Monica Courthouse, DocketNotice of Case Management Conference; Filed by: Clerk. The common use of an advertising medium (i.e., brochures and banners) is not probative of whether they are disseminated to the same audience. 28 U.S.C. 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 (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). (Related document(s) 48 ) (Davidson, Rachel) (Filed on 12/23/2009) Modified on 12/28/2009 (jlm, COURT STAFF). C-07-02258 RMW, 2008 WL 4542803 at *2 (N.D. Cal. No calendar events were found for this docket. Commack Self-Service Kosher Meats, Inc. v. Hooker, Cunney v. Bd. No one has written a summary of this case yet. Id. 15 U.S.C. Id. As to the word "Advisors," the PTO found that such term is generic or descriptive, and that its inclusion in the proposed mark did not diminish its finding that the mark is primarily geographically descriptive. HWv6}WGj}I-Y]Ih RdJRx>#wHY 8}9|n{oXxlW0A(x{3|ZUzjlWgQ?mf7Es2P2AB& nwdse%7YPI*eoFH1GI!| (Williams Depo. (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. 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). 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..
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