The firm is the successor-in-interest to CLW Financial Services, Inc., a company founded in 1982 by Jane Williams, Gary Conway and Joseph Luongo. Alliance for Open Soc. v. Joseph Rubin et al. Messrs. Sandell and Hill filed their Limited Liability Company Articles of Organization with the California Secretary of State on April 27, 1999. Forschner, 30 F.3d at 355 (emphasis added). 636(b)(1)(B), (C); Fed.R.Civ.P. (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). Plaintiff's ancillary contention that "Sand Hill Advisors" satisfies the "need test" fares no better. According to Defendant, Plaintiff supposedly knew that it had no protectable mark because it did not seek to register its mark with the United States Patent and Trademark Office until 2008, even though it had been using the SAND HILL ADVISORS mark since 1995. ORDER VACATING HEARING re 61 MOTION for Attorney Fees filed by Sand Hill Advisors LLC. (Opp'n at 13.) WebSand Hill Advisors LLC. 2548; Matsushita Elec. Plaintiff argues that its provision of real estate investment advice overlaps with Defendant's business. 1117(a). See Fed.R.Civ.P. However, the issue was not as simple as Defendant now purports it to be. Neither party discusses the threshold question of whether section 2(f) is germane in an infringement case where the mark is unregistered. Sand Hill xref 33 15 1989). STIPULATION AND ORDER: To Allow Defendant to Amend Answer, Signed by Judge Saundra Brown Armstrong, on 5/27/09. Signed by Judge Saundra Brown Armstrong, on 2/16/10. 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 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. Plaintiff argues that "Advisors" requires imagination because it does not describe "wealth management" services in particular. at 132:12-133:8; Conway Depo. at 1218. 0000002907 00000 n Sand Hill Advisors LLC v. Sand Hill Advisors LLC DocketAnswer; Filed by: Adam B. Brenda Vingiello (adsbygoogle = window.adsbygoogle || []).push({}); Non-Government Works Copyright 2001-2023 Think Computer Corporation. 61, 64, 84, 85 Defendant. Id. It is undisputed that Defendant offers no advice concerning investing in real estate to any third parties. Typically, Defendant purchases commercial property, which it then assigns to another limited liability company or entity owned by Messrs. Sandell and Hill. 56(e); Orr v. Bank of Am., 285 F.3d 764, 773 (9th Cir. 64. 0000002351 00000 n (Opp'n at 14.) YIDA GAO, ET AL. (Date Filed: 2/18/2009). J. Michael Keyes J. 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. Two Pesos, 505 U.S. at 769, 112 S.Ct. In general, the same analytical framework applies to infringement claims, irrespective of whether the marks or names are registered with the PTO. 's Mot. Signed by Judge ARMSTRONG on 9/15/10. 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. at 8-9. Struck (Defendant); As to: Yida Gao (Plaintiff); Sand Hill Advisors, LLC (Plaintiff); Shima Capitol LLC, a Delaware Limited Liability Company (Cross-Defendant) et al. Signed by Magistrate Judge Maria-Elena James on 6/1/2010. Com, Inc. v. Walt Disney Co., 202 F.3d 1199, 1205 n. 3 (9th Cir.2000). 0 Entrepreneur Media, 279 F.3d at 1148. Japan Telecom, 287 F.3d at 873, 875 (affirming summary judgment for defendant where plaintiff's evidence was insufficient to show secondary meaning). DocketSummons on Complaint; Issued and Filed by: Adam B. WebOn February 24th, 2023, Sand Hills Chief Investment Officer, Brenda Vingiello, CFA, joined the CNBC Halftime Report panel to share her view on consumer strength in the current market environment. ), 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"). L.) In contrast, Defendant merely purchases, owns, sells, manages and leases commercial properties for its own account. Feb 28, 2023 CNBC Halftime Report: Rising Interest Rates on Valuation Multiples | February 10, 2023 (af, COURT STAFF) (Filed on 5/20/2009) (Entered: 05/20/2009), Letter from Mediator, James Gilliland, dated 3/5/2009. 0000001201 00000 n Ex. (Entered: 05/21/2009), CERTIFICATION OF MEDIATION Session 5/19/2009, case not settled, no follow up contemplated, mediation complete. Founded Date Jan 1, 1982. 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. (Id. they may be (1) generic; (2) descriptive; (3) suggestive; (4) arbitrary; or (5) fanciful." But, advertising, standing alone, does not establish secondary meaning. Unlike Plaintiff, Defendant does not provide any advice to any third party, and has no involvement in providing wealth management services. 30, 2007) (citations omitted). at 12, Dkt. Indeed, Mr. Conway admitted that Defendant is not a competitor of Plaintiff. Case Details | 147794 - Michigan Lahoti v. VeriCheck, Inc., 586 F.3d 1190, 1196 (9th Cir.2009). 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. 61, 64, 84, 85 Defendant. ORDER REFERRING MOTION re 61 Motion for Attorney Fees. 's Mot. WebThe Michigan Supreme Court is providing the information on this website as a public service. (Id. Notice of Case Assignment - Unlimited Civil Case; Filed by: Clerk. Jim Iuorio: The Fed will probably be dovish for a little longer. The common use of an advertising medium (i.e., brochures and banners) is not probative of whether they are disseminated to the same audience. Only admissible evidence may be considered in ruling on a motion for motion for summary judgment. 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. Sand 1. Consequently, only evidence showing use of the mark in advertising prior to Defendant's use of the mark is probative of secondary meaning. E, F, H, K, L; Williams Depo. 7@t020B bNq E Lahoti, 586 F.3d at 1201. Surfvivor Media, Inc. v. Survivor Prods., 406 F.3d 625, 630 (9th Cir. In October 1989, Conway, Luongo, Williams, Inc., changed its name to Conway, Williams & Foster, Inc. (Id. 2753. Citations are also linked in the body of the Featured Case. Such services include investment planning, retirement and estate planning and philanthropic strategies. 0000002341 00000 n C, Conway Depo. at 970. 1117(a). IN SUPPORT OF MOTION TO COMPEL ARBITRATION to Of Frank D. Rorie JR. (mejlc1, COURT STAFF) (Filed on 4/5/2010). Since 1999, Defendant has closed between seven to ten commercial real estate transactions. YIDA GAO, ET AL VS ADAM B STRUCK, ET AL - UniCourt Def. The mere fact that a mark references a geographic location does not ipso facto lead to the conclusion that the mark is descriptive. Plaintiff provides no analysis or legal authority for its position. ), 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. 's Mot. Plaintiff has filed an opposition to the motion, accompanied by objections to certain of the evidence offered by Defendant in support of its motion. at 111:25-112:11 149:3-151:7.) Signed by Magistrate Judge Maria 15 U.S.C. Nor is it disputed that Plaintiff does not engage in the sale, purchase or lease of any commercial properties. q 41, Filing 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." 1502(e)(2). (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). All that Mr. Conway could state was that he raised the issue with them; beyond that vague recollection, however, Mr. Conway unequivocally stated that he could not remember what he discussed with them specifically. Sand Hill Advisors Inc - Company Profile and News RELATED. 2008). 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. However, the cited deposition excerpts of Gary Conway, one of Plaintiff's founders, do not support Defendant's argument. NOTICE OF REFERENCE AND ORDER SCHEDULING HEARING: Hearing set for 04/08/2010 at 10:00 AM, re 61 Motion for Attorney Fees. Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. Docketof Court Order Continuing CMC; Filed by: Yida Gao (Plaintiff); As to: Adam B. At the conclusion of the hearing, the Court took the matter under submission. (Williams Decl. Def. Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. Signed by Judge Saundra Brown Armstrong, on 1/26/10. (Court Reporter: Not Reported) (lrc, COURT STAFF) (Date Filed: 2/18/2009) Modified on 2/20/2009 (jlm, COURT STAFF). 15-20, Dkt. C.) In March 1999, Conway, Williams & Foster, Inc., again changed its name to Sand Hill Advisors, Inc. (Id. 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. 31 0 obj<>stream 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. Sand Hill Global Advisors takes out PPP (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, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U PART 1, # 22 Exhibit U PART 2, # 23 Exhibit U PART 3, # 24 Exhibit U PART 4)(Related document(s) 42 ) (Martin, James) (Filed on 12/11/2009) Modified on 12/14/2009 (jlm, COURT STAFF). (Opp'n at 16.). The likelihood of consumer confusion decreases where the consumer is sophisticated and exercises a high degree of care. None of the remaining evidence to which Plaintiff has interposed objections is necessary to adjudicate the instant motion. SAND HILL ADVISORS, LLC v. SAND HILL ADVISORS, LLC. Signed by Judge Maria-Elena James on 4/5/2010. Headquarters Regions San Francisco Bay Area, Silicon Valley, West Coast. Cons Only location is in downtown Palo Alto, not in the hub of the city or on the legendary Sand Hill Road. "This acquired distinctiveness is generally called `secondary meaning.'" (tjs, COURT STAFF) (Filed on 1/29/2009) (Entered: 01/29/2009), NOTICE of need for ADR Phone Conference (ADR L.R. Ex. 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. (lrc, COURT STAFF) (Filed on 5/28/2009) Modified on 5/29/2009 (jlm, COURT STAFF). 2:23-MC-00075 | 2023-02-15, U.S. District Courts | Other | (Martin, James) (Filed on 12/11/2009) Modified on 12/14/2009 (jlm, COURT STAFF). 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 Ex. Sand Hill Id. Jury Trial set for 2/22/2010 08:30 AM. at 27:13-23.) In November 2007, Plaintiff converted from a Delaware corporation to a Delaware limited liability company. All Rights Reserved. xref (Opp'n at 14.) In reaching this conclusion, the court found: Sand Hill in the Silicon Valley is primarily geographically descriptive; 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. 0000005571 00000 n 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[.]" 91, Filing The Court found that 2(f) was inapplicable because the mark was unregistered. Defendant argues that "Sand Hill Advisors" is a "primarily geographical descriptive" mark lacking any secondary meaning, and hence, is not subject to protection. Operating Status Active. (Davidson Decl. 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." 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. However, neither of cases cited by Plaintiff supports that proposition. (Hill Decl. 2.) SAND HILL ADVISORS LLC, a Delaware limited liability company: Defendant - Appellee,: SAND HILL ADVISORS LLC, a California limited liability company: Case Number: 2007). at 6. Filing 1 MOTION for a Protective Order - filed by Yida Gao, Sand Hill Advisors PR LLC, Shima Capital Management LLC. 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." Struck (Defendant); Struck Capital Management, LLC (Defendant); Struck Capital Fund GP LLC (Defendant) et al. 61, 64, 84, 85 0000000940 00000 n These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. Brookfield, 174 F.3d at 1055. 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. at 7-10.) 's Mot. WebCase No. B.) IN SUPPORT OF MOTION TO COMPEL ARBITRATION, Declaration - DECLARATION OF ADAM B. (Id.). 1989); Grupo Gigante SA De CV v. Dallo & Co., Inc., 391 F.3d 1088, 1107 n. 1 (9th Cir.2004). Even if section 2(f) were applicable, Plaintiff has failed to demonstrate the requisite five years of exclusive and continuous use. (Attachments: # 1 Standing Order)(cjl, COURT STAFF) (Filed on 11/4/2008) (Entered: 11/06/2008), Summons Issued as to Sand Hill Advisors LLC. Signed by Judge ARMSTRONG on 9/16/10. In Support Of Motion To Compel Arbitration; As To Parties: removed. Hill v. Snyder | American Civil Liberties Union 13. 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. See Order of Reference, Dkt. 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. (Martin, James) (Filed on 1/22/2010) Modified on 1/25/2010 (jlm, COURT STAFF). Sign up or sign in to contribute one. (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. This contention lacks merit. (Hill Decl. Next, Plaintiff asserts that "Sand Hill" is suggestive ostensibly because it evokes qualities "associated with the Silicon Valley entrepreneurial community much like `Broadway' evokes qualities associated with New York's commercial theatre district and `Rodeo' evokes connotations of upscale shops in Beverly Hills." A.) 0000002317 00000 n In Support Of Motion To Compel Arbitration: Name Extension changed from OF FRANK D. RORIE JR. trailer (Entered: 12/15/2008), Declination to Proceed Before a U.S. Magistrate Judge by Sand Hill Advisors LLC. F at 2.) (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, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R)(Related document(s) 36 ) (Davidson, Rachel) (Filed on 11/19/2009) (Entered: 11/19/2009), MOTION for Summary Judgment filed by Sand Hill Advisors LLC. In that case, plaintiff Instant Media alleged that its trademark "I'M" was infringed by defendant Microsoft's use of the mark "i'm." "Advisors" aptly describes the nature of Plaintiff's business; to wit, it advises clients on maintaining and building their wealth. 3-5.) San Francisco-based First Republic was undone by low-rate mortgages it made to its wealthy customers as well as by the fallout from last month's banking crisis. REPORT AND RECOMMENDATIONS re 61 MOTION for Attorney Fees filed by Sand Hill Advisors LLC Objections to R&R due by 6/15/2010. After considering the motion on the papers submitted, the Magistrate issued a thorough, fourteen-page order in which she recommended denying Defendant's motion. 1052(f) (emphasis added). WebVenture Capital. Cal. See MSJ Order at 11-12, Dkt. (Entered: 01/14/2010), Minute Entry: Motion Hearing held on 1/12/2010 before Judge Saundra Brown Armstrong (Date Filed: 1/12/2010). 13.) Ex. at 51:6-52:14; Williams Decl. 84. 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. Plaintiff's desire to protect such interests is a legitimate one. "); see also McCaffrey Depo. ORDER by Judge Saundra Brown Armstrong GRANTING 36 Motion for Summary Judgment. 2023-02-21, Los Angeles County Superior Courts | Contract | Def. On January 12, 2010, the parties appeared through counsel for oral argument on the motion. 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. We lived in that area. Yida Gao et al v. Struck et al 1:2023mc00086 | US District Court for Signed by Judge ARMSTRONG on 2/19/09. But it also presents new risks to manage. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Dhillon, Jas) (Filed on 6/1/2009) (Entered: 06/01/2009), STIPULATION AND ORDER: To Allow Defendant to Amend Answer, Signed by Judge Saundra Brown Armstrong, on 5/27/09. See Aromatique, 28 F.3d at 870. 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." Sand Hill Global Advisors Reviews 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. 10. (Id.). Struck (Defendant); Struck Capital Management, LLC (Defendant); Struck Capital Fund GP LLC (Defendant) et al. 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. STRUCK, ET AL. Plaintiff nonetheless insists that "Sand Hill," when combined with "Advisors," is suggestive, as opposed to descriptive. Stated simply, it is not. 0000005191 00000 n STRUCK'S MOTION TO COMPEL ARBITRATION, Opposition - OPPOSITION TO DEFENDANT AND CROSS-COMPLAINANT ADAM B. WebSAND HILL ADVISORS, LLC, a Delaware limited liability company, Plaintiff, v. SAND HILL ADVISORS, LLC, a California limited liability company, Dkt. Plaintiff summarily asserts that "there is no need for other wealth management firms to use `Sand Hill Advisors' in describing or advertising their services." Id. (lrc, COURT STAFF) (Filed on 11/20/2009) Modified on 11/23/2009 (jlm, COURT STAFF). Struck (Defendant); Struck Capital Management, LLC (Defendant); Struck Capital Fund GP LLC (Defendant) et al. WebCompany profile page for Sand Hill Advisors Inc including stock price, company news, press releases, executives, board members, and contact information (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). The matter has been fully briefed, and is now ripe for determination. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. Sand Hill Forschner Group, Inc. v. Arrow Trading Co., Inc., 30 F.3d 348, 355 (2d Cir.1994) (internal quotation marks omitted). Sand Hill Property Company buys 'Four Corners' property And the best part of all, documents in their CrowdSourced Library are FREE! Id. Relying on that standard, Plaintiff takes the position that Defendant did not begin using the "Sand Hill Advisors" mark in commerce until 2005, when started using the mark in connection with its website and on banners and flyers. 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
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