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(emphasis added). *1109 Rachel R. Davidson of K & L Gates, LLP for Defendant, Sand Hill Advisors. Defendant argues that "Sand Hill Advisors" is a "primarily geographical descriptive" mark lacking any secondary meaning, and hence, is not subject to protection. 's Mot. C.). BOSTON - Boston Private Financial Holdings Inc. said Monday that it had agreed to acquire Sand Hill Advisors Inc., an investment advisory firm in Menlo Park, Calif., for about $16 million (Mot. (adsbygoogle = window.adsbygoogle || []).push({}); Non-Government Works Copyright 2001-2023 Think Computer Corporation. Signed by Judge James Larson on 9/17/09. (McCaffrey Depo. Struck (Defendant); Struck Capital Management, LLC (Defendant); Struck Capital Fund GP LLC (Defendant) et al. Motion Hearing set for 2/23/2010 01:00 PM in Courtroom 3, 3rd Floor, Oakland. Where no "rational trier of fact" could find that a likelihood of confusion is "probable," the Court may grant summary judgment for the party accused of infringement. (Opp'n at 16.). SAND HILL ADVISORS, LLC v. SAND HILL ADVISORS, LLC. at 212:7-10. As such, to survive summary judgment, a plaintiff is "required to come forward with enough evidence of secondary meaning to establish a genuine dispute of fact." (Opp'n at 17.) Id. (Entered: 02/26/2009), ADR Clerks Notice Appointing James Gilliland as Mediator. Filing 1 MOTION for a Protective Order - filed by Yida Gao, Sand Hill Advisors PR LLC, Shima Capital Management LLC. VS SEAN SABERI, ET AL. "); Williams Depo. Yellow Cab Co. of Sacramento v. Yellow Cab Co. of Elk Grove, Inc., No. 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." Struck (Defendant); Struck Capital Management, LLC (Defendant); Struck Capital Fund GP LLC (Defendant); Struck Capital Fund II GP, LLC (Defendant); Divergence Digital Currency Management LLC (Defendant); Divergence Digital Currency GP LLC (Defendant); Struck Capital Special Situations GP LLC (Defendant); Struck Capital Special Situations Management LLC (Defendant); Struck Capital Stage Agnostic GP LLC (Defendant); Struck Scratch LLC (Defendant); Struck Scratch Series B LLC (Defendant); Struck Scratch Series A LLC (Defendant); Ignis SPV LLC (Defendant); Ignis Series B LLC (Defendant); Probitas SPV LLC (Defendant); Vectio SPV LLC (Defendant); Zero SPV LLC (Defendant); Serico SPV LLC (Defendant); Struck PF Special Opportunity LLC (Defendant); Struck OTI Special Opportunity LLC (Defendant); SC Tectus SPV LLC (Defendant); Struck Hoco LLC (Defendant); Struck A43 LLC (Defendant); Struck AHC Special Opportunity LLC (Defendant); Zero Series B SPV LLC (Defendant); As to, Pursuant to the request of moving party, Hearing on Motion to Compel Arbitration scheduled for 06/24/2021 at 09:00 AM in Santa Monica Courthouse at Department R Not Held - Rescheduled by Party was rescheduled to 08/03/2021 09:00 AM, Case Management Conference scheduled for 09/21/2021 at 08:30 AM in Santa Monica Courthouse at Department R, Case assigned to Hon. DocketSummons on Complaint; Issued and Filed by: Adam B. Here, after considering each of the Sleekcraft factors, the Court concluded that while Plaintiff and Defendant share the same mark, they offer completely distinct services to distinct consumers in separate markets, and there was but a paucity of evidence of actual confusion. On November 19, 2009, Defendant filed the instant Motion for Summary Judgment. No one has written a summary of this case yet. 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. 0000000016 00000 n 0000001032 00000 n But there's still some wrinkles that need to be ironed out so it can work with its cousin from The Clearing House. IN SUPPORT OF MOTION TO COMPEL ARBITRATION, 7/8/2021: Declaration - DECLARATION OF ADAM B. 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."). (Davidson Decl. at 111:25-112:11 149:3-151:7.) The Court concludes that the services are unrelated, and this factor weighs in favor of the Defendant. 1052(f) (emphasis added). Sciences Corp., 511 F.3d at 973. (Opp'n at 22.) (lrc, COURT STAFF) (Filed on 6/24/2010) Modified on 6/25/2010 (jlm, COURT STAFF). 2.) 2008). AMENDED ORDER re 91 Order, Terminate Motions,,,,,,. AMF Inc. v. Sleekcraft Boats, 599 F.2d 341, 348-49 (9th Cir.1979). These marketing and promotion efforts have included sending out newsletters, attending conferences, providing commentary on radio and television programs, preparing white papers (i.e., reports), underwriting community and charity events, participating in non-profit boards, maintaining an active website and attending professional events. for Idaho's High Desert, Inc. v. Yost, 92 F.3d 814, 821 (9th Cir.1996). As noted, the "need test" measures the extent to which a mark is necessary for competitors to identify their goods and services. The party seeking a fee award bears the burden of proving exceptional circumstances by "compelling proof." The court has the discretion under Lanham Act to award attorneys' fees to a prevailing party in "exceptional cases." VS ADAM B. "Marks are often classified in categories of generally increasing distinctiveness; they may be (1) generic; (2) descriptive; (3) suggestive; (4) arbitrary; or (5) fanciful." 's Mot. (Entered: 01/28/2009), ORDER by Judge Saundra Brown Armstrong GRANTING 11 Motion for, CASE MANAGEMENT SCHEDULING ORDER FOR REASSIGNED CIVIL CASES: Case Management Conference set for 2/12/2009 02:45 PM. at 24:1.). As above, the mere fact that the Court disagreed with Plaintiff's interpretation of 2(f) does not ipso facto lead to the conclusion that Plaintiff's arguments were "baseless." (lrc, COURT STAFF) (Filed on 11/20/2009) Modified on 11/23/2009 (jlm, COURT STAFF). 0000005085 00000 n 84. The case did not settle (Date Filed: 1/13/2010). Ex. 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. F, Hill Depo. 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. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. We are experts in guiding wealthy families and individuals through complex financial transitions. To request information suppression, updates, or additions, contact us about this docket. 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. (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). This factor is not centered on a prospective customer or client's purchase decision, but rather, whether he or she is sufficiently sophisticated to discern the difference between the parties, notwithstanding their use of an identical or confusingly similar mark. 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. at 207:11-19.) 2009). at 13-18. 's Mot. Applied Info. SAND HILL ADVISORS, LLC, a California limited liability company, Defendant. Def. at 13-18. 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." 47 0 obj<>stream at 68:4-6.) (cjl, COURT STAFF) (Filed on 11/4/2008) (Entered: 11/06/2008). 44; Davidson Decl. Id. 33 15 Lahoti, 586 F.3d at 1201. Intern. (Williams Decl. Id. Id. It is undisputed that Defendant offers no advice concerning investing in real estate to any third parties. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, 1:23-MC-00086 | 2023-02-15, California Courts Of Appeal | Other | 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. 2.) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Related document(s) 36 ) (Davidson, Rachel) (Filed on 11/19/2009) (Entered: 11/19/2009), Declaration of Rachel R. Davidson in Support of 36 MOTION for Summary Judgment filed bySand Hill Advisors LLC. See Stephen W. Boney, 127 F.3d at 827 (finding that plaintiff had a "legitimate objective" in filing suit "to `preserve the right to use the name if and when I want to use it'"). Clamp Mfg. (Id. The parties are presently before the Court on Defendant's motion for de novo determination of Magistrate Judge Maria Elena James' report and recommendation to deny Defendant's motion for attorneys' fees. (tjs, COURT STAFF) (Filed on 1/29/2009) (Entered: 01/29/2009), NOTICE of need for ADR Phone Conference (ADR L.R. (Hill Depo. (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. As a result, Plaintiff changed its state of incorporation from California to Delaware. (lrc, COURT STAFF) (Filed on 1/26/2010) Modified on 1/27/2010 (jlm, COURT STAFF). In addition to her role as CIO, Brenda serves as the chair of the Sand Hill Investment Committee and is a member of the Executive Committee, a small team charged with setting the firms long-term strategic course. (Hill Decl. All Rights Reserved. Id. See Aromatique, 28 F.3d at 870. 0000012780 00000 n (Related document(s) 48 ) (Davidson, Rachel) (Filed on 12/23/2009) Modified on 12/28/2009 (jlm, COURT STAFF). 2505, 91 L.Ed.2d 202 (1986). "s1&8,2R8{(.ib,8"oa#r8X|/(~?|2L 0.eGPhk~oG?f(EIz>k @)e\+p\R8rsC/b9,,yNJilRhmZ5eirfiBb%_{@GFq6$t^S9:W-'Y). Sign up or sign in to contribute one. No calendar events were found for this docket. Equally unpersuasive is Defendant's contention that Plaintiff had no basis upon which to rely on section 2(f) of the Lanham Act, 15 U.S.C. Astra Pharm. (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. But, advertising, standing alone, does not establish secondary meaning. 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 3. (McCaffrey Depo. 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. %PDF-1.3 And how much will banks have to pay? Case No: C 08-5016 ORDER by Judge Saundra Brown Armstrong GRANTING 36 Motion for Summary Judgment. Fed.R.Civ.P. "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." 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." "Marks are often classified in categories of generally increasing distinctiveness; . The record unequivocally establishes that Plaintiff and Defendant's respective businesses share little, if anything, in common. (Davidson, Rachel) (Filed on 12/22/2009) Modified on 12/23/2009 (jlm, COURT STAFF). Signed by Magistrate Judge Maria Surfvivor Media, 406 F.3d at 631-32. Why is this public record being published online? v. at 27:13-23.) 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? Def. (Davidson, Rachel) (Filed on 12/15/2008) Modified on 12/16/2008 (cjl, COURT STAFF). 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. In or about 2000, Boston Private Financial Holdings ("Boston Private") acquired a financial interest in Plaintiff. Typically, Defendant purchases commercial property, which it then assigns to another limited liability company or entity owned by Messrs. Sandell and Hill. This argument is based on nothing but sheer speculation, which is not evidence. 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. 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. Ex. 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[.]" 's Mot. Ex. 2753. A subscription to PACER is required. The Court has concluded above that "Sand Hill Advisors" is primarily geographically descriptive, which supports the conclusion that the mark is weak.

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