SAND HILL ADVISORS, LLC, a California limited liability company, Dkt. Complaint; Filed by: Yida Gao (Plaintiff); Sand Hill Advisors, LLC (Plaintiff); As to: Adam B. (Entered: 12/11/2009), Memorandum in Opposition re 36 Motion for Summary Judgment filed by Sand Hill Advisors LLC. This is indicative of a descriptive mark. We are experts in guiding wealthy families and individuals through complex financial transitions. Ex. %PDF-1.4 (Hill Depo. 's Opp'n to Def. 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. "However, such a broad inference is not sufficient to demonstrate that a genuine issue exists concerning likelihood of confusion as to the source of the products involved in the present suit." Years later, certain members of Plaintiff's management sought to reacquire their equity stake from Boston Private, which prompted Plaintiff to reorganize as a Delaware limited liability company. (Id.). Plaintiff summarily asserts that "there is no need for other wealth management firms to use `Sand Hill Advisors' in describing or advertising their services." at 24:9-11. See Order of Reference, Dkt. Sand Hill Advisors LLC: REPORT AND RECOMMENDATIONS re {{61}} MOTION for Attorney Fees filed by Sand Hill Advisors LLC Objections to R&R due by 6/15/2010. 2548; Matsushita Elec. 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. But for the bankers and credit union lenders who participated, PPP remains a high point of their careers. Mark H. Epstein in Department R Santa Monica Courthouse, DocketNotice of Case Management Conference; Filed by: Clerk. Factual disputes are genuine if they "properly can be resolved in favor of either party." (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 *13. Struck (Defendant); Struck Capital Management, LLC (Defendant); Struck Capital Fund GP LLC (Defendant) et al. No one has written a summary of this case yet. 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. Struck (Defendant); Struck Capital Management, LLC (Defendant); Struck Capital Fund GP LLC (Defendant) et al. (McCaffrey Depo. startxref 92, Filing 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. Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL ARBITRATION), Notice of Change of Address or Other Contact Information, Minute Order - MINUTE ORDER (STATUS CONFERENCE RE: ARBITRATION), Declaration - DECLARATION OF FRANK D. RORIE JR. Struck (Defendant); Struck Capital Management, LLC (Defendant); Struck Capital Fund GP LLC (Defendant) et al. 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." 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 Support Of Motion To Compel Arbitration; As To Parties: removed. 15-20, Dkt. The district court must review de novo "those portions of the report or specified proposed findings or recommendations to which objection is made." Ex. 16-20 and Exs. Inc. v. US Agency Intern. Summons on Complaint; Issued and Filed by: Yida Gao (Plaintiff); Sand Hill Advisors, LLC (Plaintiff); As to: Adam B. Miller v. Glenn Miller Prods., *1116 Inc., 454 F.3d 975, 991 (9th Cir.2006). Lahoti v. VeriCheck, Inc., 586 F.3d 1190, 1196 (9th Cir.2009). 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). Case Details | 147794 - Michigan Def. "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." IAPD - Investment Adviser Public Disclosure - Homepage 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 132:16-24, 134:7-10. Alternatively, the Court concluded that even if 2(f) were germane, Plaintiff had failed to demonstrate the requisite five years of exclusive and continuous use. Since 1999, Defendant has closed between seven to ten commercial real estate transactions. Case Management Conference set for 2/10/2009 04:00 PM. (lrc, COURT STAFF) (Filed on 9/16/2010). xb```f``Zuxb 1}rx@Rl3g3%WvU3_eXM?dKn ti edPF ) X& b`l y6%I*'.&h,(a`H31Hu@ 2d Although it is clear from a plain reading of 2(f) that it does not apply to unregistered marks, Defendant did not specifically make such an argument. Def. (Williams Depo. CIV S-02-0704 FCD DAD, 2007 WL 988054 at *2 (E.D. In any event, little imagination would be required for a consumer to connect "Sand Hill Advisors" with other companies that are located in or near the Sand Hill area whose service is providing advice. (Id. All Rights Reserved. Struck (Defendant); Struck Capital Management, LLC (Defendant); Struck Capital Fund GP LLC (Defendant) et al. (Davidson Decl. F, Hill Depo. Signed by Magistrate Judge Maria-Elena James, on 3/1/2010. Plaintiff's argument is unpersuasive. 2004). See Aromatique, Inc. v. Gold Seal, Inc., 28 F.3d 863, 870 (8th Cir.1994) (plaintiff could not rely on presumption of secondary meaning where it alleged that defendant infringed in 1985, but the mark was not registered until 1988); 2 McCarthy 11:13 ("The presumption to which a 2(f) registration is entitled is not that the designation is inherently distinctive, but that it had acquired secondary meaning as of the date of registration.") (Opp'n at 22.) 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 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. Intern. Plaintiff, Sand Hill Advisors LLC, a Delaware limited liability company, filed the instant service mark infringement action under the Lanham Act seeking to prevent Defendant, Sand Hill Advisors LLC, a California limited liability company, from continuing to use the mark "Sand Hill Advisors." 5.) As an initial matter, Defendant argues that since Plaintiff's founders acknowledged choosing SAND HILL ADVISORS because of its geographical significance, i.e., the company's then new location on Sand Hill Road in the heart of the Silicon Valley, Plaintiff was foreclosed from arguing that the SAND HILL ADVISORS mark was anything other than descriptive. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, (Miller, Katherine) (Filed on 2/3/2009) Modified on 2/4/2009 (jlm, COURT STAFF). (lmh, COURT STAFF) (Filed on 2/24/2009) Modified on 2/25/2009 (jlm, COURT STAFF). Signed by Judge ARMSTRONG on 47 0 obj<>stream DocketAnswer; Filed by: Adam B. WebPlaintiff, Sand Hill Advisors LLC, a Delaware limited liability company, filed the instant service mark infringement action under the Lanham Act seeking to prevent Defendant, (mejlc1, COURT STAFF) Modified on 6/2/2010. 2753. GoTo. (Id. The matter has been fully briefed, and is now ripe for determination. (Martin, James) (Filed on 12/11/2009) Modified on 12/14/2009 (jlm, COURT STAFF). 58, Filing 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. Defendant filed a reply memorandum, and the matter is now fully briefed. startxref at 12, Dkt. However, the mark "Sand Hill Advisors" leaves little to the imagination. (mejlc1, COURT STAFF) (Filed on 4/21/2010), ORDER FOR PLAINTIFF TO SUBMIT CHAMBERS COPIES re 72 Memorandum in Opposition filed by Sand Hill Advisors LLC, 75 Declaration in Support, filed by Sand Hill Advisors LLC, 73 Declaration in Support, filed by Sand Hill Advisors LLC, 76 Declaration in Support, filed by Sand Hill Advisors LLC, 74 Declaration in Support filed by Sand Hill Advisors LLC. Ex. 0000001160 00000 n NOTICE of Substitution of Counsel, filed by Sand Hill Advisors, LLC. (Entered: 12/02/2009). Brenda Vingiello is a Chief Investment Officer at Sand Hill Global Advisors based in Palo Alto, California. "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." Sand Hill Advisors LLC v. Sand Hill Advisors LLC 10; Davidson Decl. 2.) 44; Davidson Decl. Since around 1995, Plaintiff has provided a variety of financial and advisory services to its "high net-worth" clients to assist them in the investment and management of their assets. 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. 56, Filing This is particularly true where the good or service is expensive. Signed by Judge Saundra Brown Armstrong, on 1/22/10. IN SUPPORT OF MOTION TO COMPEL ARBITRATION, 7/8/2021: Declaration - DECLARATION OF ADAM B. Phone Number (650) 8549150. 33 0 obj <> endobj Motion Hearing set for 2/23/2010 01:00 PM in Courtroom 3, 3rd Floor, Oakland. To that end, Plaintiff selected "Sand Hill Advisors" because it reflected the firm's location and allowed it to capitalize on the "cache" associated with that area, which is known for its concentration of venture capital firms. Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. %%EOF Outside of work Brenda is a dedicated mother who loves spending time with her family and exploring all the Bay Area has to offer. (tjs, COURT STAFF) (Filed on 1/29/2009) (Entered: 01/29/2009), NOTICE of need for ADR Phone Conference (ADR L.R. 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. (Conway Depo. Founded Date Jan 1, 1982. (jlsec, COURT STAFF) (Filed on 9/17/2009) (Entered: 09/17/2009), AMENDED ANSWER to 1 Complaint bySand Hill Advisors LLC. (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). 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. Notably, section 2(f) was neither addressed nor at issue in either case. 9.) See Stephen W. Boney, 127 F.3d at 827 (holding that case was not exceptional notwithstanding grant of summary judgment); CG Roxanne LLC v. Fiji Water Co. LLC, No. 's Mot. (Entered: 12/15/2008), Declination to Proceed Before a U.S. Magistrate Judge by Sand Hill Advisors LLC. The `need test' focuses on the extent to which a mark is actually needed by competitors to identify their goods or services." 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." Pl. Plaintiff also has made no showing that Plaintiff and Defendant attend the same networking events or that their "word-of-mouth" referrals involve the same demographic. at 12-13. Stated simply, it is not. 62-5; see also R&R at 6-7, Dkt. IN SUPPORT OF MOTION TO COMPEL ARBITRATION to Of Frank D. Rorie JR. "The Legislative History of the Lanham Act points out that where a logical connection can be made between the product and the geographical term, the term is geographically descriptive" Burke-Parsons-Bowlby Corp. v. Appalachian Log Homes, Inc., 871 F.2d 590, 595 (6th Cir.1989); e.g., In re Wada, 194 F.3d 1297, 1299-1300 (Fed.Cir.1999) (affirming PTO ruling that "New York Ways Gallery" was primarily geographically descriptive because "NEW YORK is not an obscure geographical term and that it is known as a place where the goods at issue here are designed, manufactured, and sold."). But, advertising, standing alone, does not establish secondary meaning. SAND HILL ADVISORS, LLC v. SAND HILL ADVISORS, LLC. at 68:25-69:25; 79:1-12.) (Entered: 02/19/2009), CLERKS NOTICE Case Management Conference set for 2/18/2009 02:45 PM. (Entered: 12/23/2009), RESPONSE to re 45 Objection to Evidence filed by Sand Hill Advisors LLC. Typically, Defendant purchases commercial property, which it then assigns to another limited liability company or entity owned by Messrs. Sandell and Hill.