4.) (Miller, Katherine) (Filed on 2/19/2009) Modified on 2/20/2009 (jlm, COURT STAFF). Summons on Complaint; Issued and Filed by: Yida Gao (Plaintiff); Sand Hill Advisors, LLC (Plaintiff); As to: Adam B. 0000005085 00000 n (wdblc1, COURT STAFF) (Filed on 12/15/2008) Modified on 12/16/2008 (cjl, COURT STAFF). Sand Hill Global Advisors was founded in 1982 and is based in Palo Alto, California. at 250, 106 S.Ct. Motions due by 1/12/2010. Sand Hill Property Company buys 'Four Corners' property Access this case on the California Northern District Court's Electronic Court Filings (ECF) System. Id. A claim is unreasonable or groundless for purposes of a permissible award of fees only if it is frivolous and fails to raise colorable or debatable issues. IAPD - Investment Adviser Public Disclosure - Homepage Because "Sand Hill Advisors" is descriptive, it is not entitled to protection unless it has acquired secondary meaning. *1112 Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48, 106 S.Ct. 2.) at 115:11-22.) 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. Sand Hill Global Advisors Review (McCaffrey Depo. 88, Filing 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." 2005). Plaintiff is a wealth management firm that provides advice to its wealthy clients to assist them in the management of their assets; to that end, provides advice on investment planning, retirement and estate planning and philanthropic strategies. xref Not true. As the Magistrate correctly found, Mr. Conway merely stated that he recalled having raised the issue of seeking trademark protection with co-founder Jane Williams and the company's outside counsel. Struck (Defendant); As to: Yida Gao (Plaintiff); Sand Hill Advisors, LLC (Plaintiff); Shima Capitol LLC, a Delaware Limited Liability Company (Cross-Defendant) et al. (Entered: 02/19/2009), CLERKS NOTICE Case Management Conference set for 2/18/2009 02:45 PM. But for the bankers and credit union lenders who participated, PPP remains a high point of their careers. As support, Plaintiff relies on Rodeo Collection Ltd. v. W. Seventh, 812 F.2d 1215 (9th Cir.1987). 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. As the Court explained in its summary judgment ruling, the amount of protection accorded to a particular mark is a function of its distinctiveness. E at 128:22-129:1, Dkt. (lrc, COURT STAFF) (Filed on 11/20/2009) Modified on 11/23/2009 (jlm, COURT STAFF). The Court, in its discretion, finds this matter suitable for resolution without oral argument. (McCaffrey Depo. Notwithstanding that finding, the Court disagrees with Defendant that Plaintiff's arguments were "frivolous." Def. Last Updated January 6, 2019 at 8:27 PM EST (4.3 years ago). 0000001331 00000 n Sand Hill B, Williams Depo. RELATED. (Davidson, Rachel) (Filed on 12/15/2008) Modified on 12/16/2008 (cjl, COURT STAFF). But it also presents new risks to manage. (Id.) 0000002396 00000 n The next factor concerns the proximity or relatedness of the good or services represented by the potentially infringing mark. Sleekcraft, 599 F.2d at 352; Playboy Enters., Inc. v. Netscape Commc'ns, 354 F.3d 1020, 1026 (9th Cir.2004) ("actual confusion among significant numbers of consumers provides strong support for the likelihood of confusion[.]"). 1117(a). Japan Telecom, 287 F.3d at 873, 875 (affirming summary judgment for defendant where plaintiff's evidence was insufficient to show secondary meaning). Thus, the Court concludes that "Sand Hill Advisors" is primarily geographically descriptive. DocketNotice of Case Assignment - Unlimited Civil Case; Filed by: Clerk, U.S. District Courts | Other | AMENDED ORDER re 91 Order, Terminate Motions,,,,,,. Magistrate Judge Wayne D. Brazil no longer assigned to the case. "Advisors" aptly describes the nature of Plaintiff's business; to wit, it advises clients on maintaining and building their wealth. 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. (Entered: 12/22/2009), Proposed Order re 36 Motion for Summary Judgment by Sand Hill Advisors LLC. <<4841BC4BF8452A4DA9F87B341F4BADE3>]>> 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. IN SUPPORT OF MOTION TO COMPEL ARBITRATION to Of Frank D. Rorie JR. Thus, despite Defendant's protestations the contrary, Mr. Conway's deposition testimony does not show that Plaintiff "knew" that it lacked a protectable mark. Plaintiff nonetheless insists that "Sand Hill," when combined with "Advisors," is suggestive, as opposed to descriptive. Indeed, Mr. Conway admitted that Defendant is not a competitor of Plaintiff. 0000005059 00000 n 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. See Arrow Fastener Co., Inc. v. Stanley Works, 59 F.3d 384, 393 (2d Cir. As noted, the "need test" measures the extent to which a mark is necessary for competitors to identify their goods and services. Sand Hill Global Advisors (SHGA) has taken out a government-backed coronavirus relief loan, the $2.7bn RIA disclosed in a recent Form ADV update. A district court judge may refer a matter to a magistrate judge to conduct a hearing, including an evidentiary hearing, and to thereafter issue findings of fact and recommendations for the disposition of the matter. Defendant is therefore entitled to summary judgment on this basis. Ex. 62-5; see also R&R at 6-7, Dkt. Case No: C 08-5016 VS SEAN SABERI, ET AL. (Attachments: # 1 Proposed Order Granting Defendant's Motion for Summary Judgment)(Davidson, Rachel) (Filed on 11/19/2009) (Entered: 11/19/2009), Ex Parte Application to Move the Hearing Date for Defendant's Motion for Summary Judgment filed by Sand Hill Advisors LLC. Two Pesos, Inc. v. Taco Cabana, Inc., 505 U.S. 763, 768 (1992). Defendant does not provide any services to the public and has never provided any financial, investment or any other advice to any third party. The record unequivocally establishes that Plaintiff and Defendant's respective businesses share little, if anything, in common. at 8-9. (Martin, James) (Filed on 1/21/2010) Modified on 1/22/2010 (jlm, COURT STAFF). Forschner, 30 F.3d at 355 (emphasis added). See, e.g., Williams Decl. at 12, Dkt. (Opp'n at 25.) 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. 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. Answer; Filed by: Adam B. Save 25% on a pre-paid one year subscription. 56(e); Celotex, 477 U.S. at 324, 106 S.Ct. Stephen W. Boney, Inc. v. Boney Servs., Inc., 127 F.3d 821, 827 (9th Cir. 0000001201 00000 n 13.) "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." 1989); Grupo Gigante SA De CV v. Dallo & Co., Inc., 391 F.3d 1088, 1107 n. 1 (9th Cir.2004). 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. Brookfield, 174 F.3d at 1055. at 22.) (Mot. As noted, a descriptive mark cannot be registered with the PTO absent a showing of secondary meaning. Inc., 287 F.3d 866, 871 (9th Cir.2002) (use of "Japan" in "Japan Telecom, Inc." did not "automatically make the trade name geographically descriptive"); Forschner Group, 30 F.3d at 355 ("That a phrase or term evokes geographic associations does not, standing alone, support a finding of geographic descriptiveness."). The plaintiffs in this case, the New Jersey Sand Hill Band of Lenape and Cherokee Indians and its representative Ronald S. Holloway (collectively, "plaintiffs"), seek redress for the alleged conversion and misappropriation of (Entered: 12/15/2008), Declination to Proceed Before a U.S. Magistrate Judge by Sand Hill Advisors LLC. Brenda Vingiello is a Chief Investment Officer at Sand Hill Global Advisors based in Palo Alto, California. 16-20 and Exs. On February 9, 2010, Defendant filed a motion for attorneys' fees, which was referred to Magistrate Judge James ("the Magistrate"). 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. Sand Hill Advisors LLC v. 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. A descriptive mark may be subject to protection under the Lanham Act if it has acquired a secondary meaning. (tjs, COURT STAFF) (Filed on 1/29/2009) (Entered: 01/29/2009), NOTICE of need for ADR Phone Conference (ADR L.R. Yellow Cab Co. of Sacramento v. Yellow Cab Co. of Elk Grove, Inc., No. The `need test' focuses on the extent to which a mark is actually needed by competitors to identify their goods or services." This change was prompted by the decision of certain members of Plaintiff's management to reacquire equity from Boston Financial. Fed.R.Civ.P. 2753. at 68:25-69:25; 79:1-12.) MC/ Commack Self-Service Kosher Meats, Inc. v. Hooker, Cunney v. Bd. 61, 64, 84, 85 Company Type For Profit. (mejlc1, COURT STAFF) Modified on 6/2/2010. 2023-02-21, Los Angeles County Superior Courts | Contract | This Order terminates all pending matters in the Docket. 8 RECOMMENDATION OF MAGISTRATE JUDGE AND Bank groups say the focus on capital rules in Federal Reserve Vice Chair for Supervision Michael Barr's report on Silicon Valley Bank are misguided. [2] Registration of a mark is prima facie evidence of its validity, as well as its owner's entitlement to use the mark exclusively as specified in the registration. Sand Hill Advisors To reflect this change, Plaintiff then sought to change its name from "Sand Hill Advisors, Inc." to "Sand Hill Advisors, LLC." ORDER VACATING HEARING re 61 MOTION for Attorney Fees filed by Sand Hill Advisors LLC. Of Trs. Case Management Conference set for 2/10/2009 04:00 PM. Applied Info. 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. 32, Filing Entrepreneur Media, 279 F.3d at 1144. 15 U.S.C. Finally, one place to get all the court documents we need. v. (Miller, Katherine) (Filed on 2/3/2009) Modified on 2/4/2009 (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. J. Michael Keyes 3-5 b) of discussion of ADR options, filed by Sand Hill Advisors LLC (Miller, Katherine) (Filed on 1/28/2009) Modified on 1/29/2009 (jlm, COURT STAFF). 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." The party seeking a fee award bears the burden of proving exceptional circumstances by "compelling proof." A. degree from University of California , Santa Cruz and a B. 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. Though the Court ultimately rejected each of Plaintiff's contentions, that alone does not support the conclusion that its position that the mark at issue was suggestive was frivolous. 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. Defendant also asserts that Plaintiff lacked evidence to support its alternative claim that even if SAND HILL ADVISORS were descriptive, such mark had gained secondary meaning. 1 MICHAEL J. BETTINGER (State Bar No. 122196) RACHEL R. The district court must review de novo "those portions of the report or specified proposed findings or recommendations to which objection is made." These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. This contention lacks merit. (Entered: 12/11/2009), Memorandum in Opposition re 36 Motion for Summary Judgment filed by Sand Hill Advisors LLC. 41, Filing 0000002317 00000 n 1995). WebIAPD provides information on Investment Adviser firms regulated by the SEC and/or state securities regulators. at 67:24-68:3; Williams Decl. (Hill Decl. 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." SAND HILL ADVISORS LLC v. SAND HILL ADVISORS LLC 57. Ex. 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. 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. 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. %%EOF Pretrial Conference set for 2/16/2010 01:00 PM.. "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." Service marks and trademarks are governed by identical standards." Chance v. Pac-Tel Teletrac Inc., 242 F.3d 1151, 1156 (9th Cir.2001). 79, Filing In Support Of Motion To Compel Arbitration; As To Parties: removed. Sand Hill Global Advisors takes out PPP (Entered: 12/22/2009), Reply Memorandum re 36 Motion for Summary Judgment filed by Sand Hill Advisors LLC. B.) 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. Defendant argues that "Sand Hill Advisors" is a "primarily geographical descriptive" mark lacking any secondary meaning, and hence, is not subject to protection.