0000002396 00000 n for Summ. Plaintiff argues that "Advisors" requires imagination because it does not describe "wealth management" services in particular. Japan Telecom, 287 F.3d at 871; see also Comm. 0000005191 00000 n 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. Contact Email info@sandhillglobaladvisors.com. "Sand Hill" refers to a geographical locale where Plaintiff operates its business. Brenda received a B. AMENDED ORDER re 91 Order, Terminate Motions,,,,,,. (Davidson Decl. United States District Court, N.D. California, Oakland Division. at 207:11-19.) v. Joseph Rubin et al. As support for this proposition, Plaintiff cites this Court's decision in Instant Media, Inc. v. Microsoft Corp., 2007 WL 2318948 at *13 (N.D.Cal. Plaintiff's desire to protect such interests is a legitimate one. (Opp'n at 13.) 28 U.S.C. Signed by Judge ARMSTRONG on 9/16/10. they may be (1) generic; (2) descriptive; (3) suggestive; (4) arbitrary; or (5) fanciful." And how much will banks have to pay? . at 89:9-12.) at *13. Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. 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. 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.. (Id.) for Attorneys' Fees ("R&R"), Dkt. 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. We lived in that area. DocketSummons on Complaint; Issued and Filed by: Yida Gao (Plaintiff); Sand Hill Advisors, LLC (Plaintiff); As to: Adam B. Sciences Corp., 511 F.3d at 973. 39, Filing (Dhillon, Jas) (Filed on 1/29/2009) Modified on 1/30/2009 (jlm, COURT STAFF). Filing 1 MOTION for a Protective Order - filed by Yida Gao, Sand Hill Advisors PR LLC, Shima Capital Management LLC. (Entered: 01/14/2010), Minute Entry: Motion Hearing held on 1/12/2010 before Judge Saundra Brown Armstrong (Date Filed: 1/12/2010). C-07-02258 RMW, 2008 WL 4542803 at *2 (N.D. Cal. Jim Iuorio: The Fed will probably be dovish for a little longer. 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." 47 0 obj<>stream Complaint; Filed by: Yida Gao (Plaintiff); Sand Hill Advisors, LLC (Plaintiff); As to: Adam B. 7@t020B bNq E 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. Id. 3.) Ex. AMENDED ORDER re 91 Order. (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). In view of the dearth of evidence of actual confusion, the Court finds that this factor weighs in favor of Defendant. 2753. (Opp'n at 16-17.) 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. But, advertising, standing alone, does not establish secondary meaning. 4.) Classic Media, Inc. v. Mewborn, 532 F.3d 978, 990 (9th Cir. 13.) Citations are also linked in the body of the Featured Case. Commack Self-Service Kosher Meats, Inc. v. Hooker, Cunney v. Bd. WebGet free access to the complete judgment in SAND HILL ADVISORS LLC v. SAND HILL ADVISORS LLC on CaseMine. (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. In June 1982, CLW Financial Services, Inc., became known as Conway, Luongo, Williams, Inc. (Id. (cjl, COURT STAFF) (Filed on 11/4/2008) (Entered: 11/06/2008). [3] Plaintiff's assertion that "Sand Hill Advisors" is suggestive also is at odds with Mr. Conway's acknowledgment the founders selected such name because it was "a more generic title." 2505. Since 1999, Defendant has closed between seven to ten commercial real estate transactions. 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. There's always a lot to do, and even more to learn. 2009) (internal quotation marks and citation omitted) (emphasis added). (lrc, COURT STAFF) (Filed on 9/20/2010). 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. 7-1(b). (lrc, COURT STAFF) (Filed on 11/20/2009) Modified on 11/23/2009 (jlm, COURT STAFF). VS ADAM B. at 3. 2004) ("Is the mark the name of the place or region from which the goods actually come? (Entered: 12/11/2009), Declaration of Katherine R. Miller in Support of 42 Memorandum in Opposition to Motion for Summary Judgment filed by Sand Hill Advisors LLC. (Hill Depo. (af, COURT STAFF) (Filed on 2/25/2009) (Entered: 02/25/2009), ORDER RE DISCOVERY PROCEDURES - Signed by Magistrate Judge Elizabeth D. Laporte, on 2/24/09. 2753. (Court Reporter: Diane Skillman.) "Marks are often classified in categories of generally increasing distinctiveness; . See McSherry v. City of Long Beach, 584 F.3d 1129, 1138 (9th Cir.2009) ("Summary judgment requires facts, not simply unsupported denials or rank speculation"). WebIAPD provides information on Investment Adviser firms regulated by the SEC and/or state securities regulators. (Opp'n at 13-14.) Plaintiff nonetheless insists that "Sand Hill," when combined with "Advisors," is suggestive, as opposed to descriptive. 1502(e)(2). View latest Form ADV filed Part 2 Brochures Part 3 Relationship Summary. Related services are generally more likely than unrelated services to confuse the public as to the provider of the services. 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[.]" 92, Filing No one has written a summary of this case yet. The Court may "accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." While both parties operate websites, Plaintiff has admitted that no one viewing Defendant's website would confuse it with Plaintiff's site. In Sand Hill Advisors, LLC v. Sand Hill Advisors, LLC a trademark case involving companies with the same name the Northern District of California found that northern California is big enough for both parties. STRUCK'S MOTION TO COMPEL ARBITRATION, Opposition - OPPOSITION TO DEFENDANT AND CROSS-COMPLAINANT ADAM B. 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. 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, DocketPursuant 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, DocketCase Management Conference scheduled for 09/21/2021 at 08:30 AM in Santa Monica Courthouse at Department R, DocketCase assigned to Hon. The court explained that there are two tests to determine the strength of a mark in the marketplace: the "imagination test" and the "need test." IN SUPPORT OF MOTION TO COMPEL ARBITRATION, 7/8/2021: Declaration - DECLARATION OF ADAM B. 's Mot. The Court conducted an hour-long hearing on the motion on January 12, 2010. CV-08-5016-SBA ORDER GRANTING DEFENDANT SAND HILL ADVISORS LLC'S STIPULATION TO AMEND ANSWER PURSUANT TO STIPULATION, IT IS SO ORDERED 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. (af, COURT STAFF) (Filed on 3/5/2009) (Entered: 03/05/2009), STIPULATION AND PROTECTIVE ORDER. (Martin, James) (Filed on 12/11/2009) Modified on 12/14/2009 (jlm, COURT STAFF). 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 0000001817 00000 n Typically, Defendant purchases commercial property, which it then assigns to another limited liability company or entity owned by Messrs. Sandell and Hill. at 12-13. (Entered: 12/15/2008), Declination to Proceed Before a U.S. Magistrate Judge by Sand Hill Advisors LLC. Ex. ), 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. (Williams Decl. The district court must review de novo "those portions of the report or specified proposed findings or recommendations to which objection is made." Having reviewed the motion papers submitted and considered *1110 the arguments of counsel in connection with this matter, the Court GRANTS the motion for the reasons set forth below. VS SEAN SABERI, ET AL. Signed by Mediator, James Gilliland, dated 5/19/2009. Banks react to Fed report. After considering the motion on the papers submitted, the Magistrate issued a thorough, fourteen-page order in which she recommended denying Defendant's motion. In October 1989, Conway, Luongo, Williams, Inc., changed its name to Conway, Williams & Foster, Inc. (Id. Defendant does not provide any services to the public and has never provided any financial, investment or any other advice to any third party. 2505, 91 L.Ed.2d 202 (1986). Alliance for Open Soc. at 24:1-14.) Quinn v. Robinson, 783 F.2d 776, 791 (9th Cir. Plaintiff first argues that it is entitled to a presumption of secondary meaning under section 2(f) of the Lanham Act, 15 U.S.C. (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). 0000000596 00000 n 2008). No. And the best part of all, documents in their CrowdSourced Library are FREE! (McCaffrey Depo. (Related document(s) 48 ) (Davidson, Rachel) (Filed on 12/28/2009) Modified on 12/30/2009 (jlm, COURT STAFF). "The two tests are related because `[t]he more imagination that is required to associate a mark with a product [or service,] the less likely the words used will be needed by competitors to describe their products [or services].'" VIA TELEPHONE (lrc, COURT STAFF) (Filed on 2/9/2009) (Entered: 02/09/2009), JOINT REPORT of Rule 26(f) Planning Meeting, filed by Sand Hill Advisors LLC, Sand Hill Advisors LLC. Headquarters Regions San Francisco Bay Area, Silicon Valley, West Coast. 62-3. at 8-9. (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. Gracie v. Gracie, 217 F.3d 1060, 1071 (9th Cir. It is undisputed that Defendant offers no advice concerning investing in real estate to any third parties. 42. Surfvivor Media, 406 F.3d at 631-32. SAND HILL ADVISORS, LLC v. SAND HILL ADVISORS, LLC. Lahoti, 586 F.3d at 1197. The Court of Appeal had rejected Sand Hill's claims against Wells Fargo related to a 2011 lawsuit, which alleged a foreclosure auction of the center was not properly held. 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. L.) At present, Plaintiff manages between $800 million to a $1 billion in assets. (Date Filed: 2/18/2009). (lrc, COURT STAFF) (Filed on 5/28/2009) Modified on 5/29/2009 (jlm, COURT STAFF). (mejlc1, COURT STAFF) Modified on 6/2/2010. (lrc, COURT STAFF) (Filed on 2/17/2010) Modified on 2/18/2010 (jlm, COURT STAFF). Civil Case Cover Sheet; Filed by: Yida Gao (Plaintiff); Sand Hill Advisors, LLC (Plaintiff); As to: Adam B. Id. The top five bank holding companies have combined total consumer loan portfolios of more than $1.8 trillion as of December 31, 2022. 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). Legal Name Sand Hill Global Advisors, LLC. 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. Summary. 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 adviser's REGISTRATION status is listed below. Case reassigned to Hon. They're working to cleanup and update technology and procedures (the new website looks great), which is a positive, but overdue. First Republic Bank was shuttered by regulators early Monday, and all its deposits and most of its assets were acquired by JPMorgan. 1983) (holding that the fact that plaintiff and defendant's respective products were used in the medical or health care field was insufficient to show that the goods were sufficiently similar to cause a likelihood of confusion). (Miller, Katherine) (Filed on 1/28/2009) Modified on 1/29/2009 (jlm, COURT STAFF). Accordingly, this factor weighs in favor of Defendant. Signed by Judge ARMSTRONG on 1/5/09. 0000004984 00000 n Get A.M.business scoops. The Court concludes that Plaintiff's mark is weak and that this factor weighs in favor of Defendant. DocketNotice of Case Assignment - Unlimited Civil Case; Filed by: Clerk, U.S. District Courts | Other | Although Plaintiff and Defendant share the same mark, they offer completely distinct services to distinct consumers in separate markets. (lmh, COURT STAFF) (Filed on 2/24/2009) Modified on 2/25/2009 (jlm, COURT STAFF). 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. 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. ANE Holdings, LLC et al. In addition, the Court may consider further evidence or remand the matter to the magistrate judge with instructions. "The `true test of secondary meaning' is the effectiveness of the advertising effort." 3-5 d), filed by Sand Hill Advisors LLC, Sand Hill Advisors LLC. Factual findings are reviewed for clear error. Signed by Judge James Larson on 9/17/09. Struck (Defendant); As to: Yida Gao (Plaintiff); Sand Hill Advisors, LLC (Plaintiff); Shima Capitol LLC, a Delaware Limited Liability Company (Cross-Defendant) et al. 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. at 12, Dkt. L.R. 3 and Ex. 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." The case did not settle (Date Filed: 1/13/2010). Sand Hill Advisors LLC: Defendant: Sand Hill Advisors LLC: Case Number: 4:2008cv05016: Filed: November 4, 2008: Court: US District Court for the Northern District See Aromatique, 28 F.3d at 870. WebVenture Capital. C.). 0000005344 00000 n No calendar events were found for this docket. (lrc, COURT STAFF) (Filed on 2/19/2009) (Entered: 02/19/2009), Minute Entry: Initial Case Management Conference held on 2/18/2009 before Judge Saundra Brown Armstrong. Here, there is scant evidence of actual confusion, which weighs in favor of Defendant. Sleekcraft, 599 F.2d at 353. (Martin, James) (Filed on 12/11/2009) Modified on 12/14/2009 (jlm, COURT STAFF). Cancellation and Refund Policy, Privacy Policy, and In Support Of Motion To Compel Arbitration; As To Parties: removed. 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." DocketCivil Case Cover Sheet; Filed by: Yida Gao (Plaintiff); Sand Hill Advisors, LLC (Plaintiff); As to: Adam B. ("MSJ Order"), Dkt. of Court Order Continuing CMC; Filed by: Yida Gao (Plaintiff); As to: Adam B. (Entered: 02/24/2009), ORDER REFERRING CASE to Magistrate Judge for ALL Discovery purposes. Finally, one place to get all the court documents we need. HWn:SjA-**KiH:u@rR5gEIVzv/6"?3ofJy'}J"Hz?pO2>NOklkI-'[cB9P0o '/{'{np"&}x\A0y68l\z?|. On January 26, 2010, the Court issued its Order granting summary judgment in favor of Defendant.1 See Order Granting Def. Id. "); Williams Depo. 's Opp'n to Def. 10; Davidson Decl. ORDER: That any oppositions shall be filed no later than 07/09/10; any reply shall be filed by 07/16/10. All but one of the Sleekcraft factors strongly favor Defendant, and none favor Plaintiff. Plaintiff then sought to change its name from "Sand Hill Advisors, Inc." to "Sand Hill Advisors, LLC." In that case, plaintiff Rodeo Collection, Inc., held several registered services marks for the mark "Rodeo Collection," which it used in connection with providing shopping center services. All Rights Reserved. See Applied Info. (Davidson's Reply Decl. (Miller Decl. % 2:23-MC-00075 | 2023-02-15, U.S. District Courts | Other | Brookfield, 174 F.3d at 1055. (McCaffrey Depo. [1] Plaintiff objects to the declaration of Albert Hill on the ground that he did not sign it under penalty of perjury. In opposing Defendant's summary judgment motion, Plaintiff argued that the presumption applied because it allegedly has been using the SAND HILL ADVISORS mark exclusively and continuously since March 29, 1995, and that Defendant did not begin using the mark until 2005, which more than five years after Plaintiff's date of first use. "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." "); Entrepreneur Media, Inc. v. Smith, 279 F.3d 1135, 1141 (9th Cir.2002) (internal quotation marks and citation omitted). 6/17/2015: In re BTC Trading, Corp. and Ethan Burnside 4.) Struck (Defendant); Struck Capital Management, LLC (Defendant); Struck Capital Fund GP LLC (Defendant) et al. 30, 2007) (citations omitted). Signed by Judge Saundra Brown Armstrong, on 2/16/10. However, the Ninth Circuit has recognized that a mark need not precisely describe the services provided in order to be descriptive. (Entered: 12/22/2009), Reply Memorandum re 36 Motion for Summary Judgment filed by Sand Hill Advisors LLC. *1112 Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48, 106 S.Ct. However, evidence of secondary meaning must be established as of the time that the alleged infringer began using the mark in dispute. Id. Declaration of Albert R. Hill, Jr. in Support of 36 MOTION for Summary Judgment filed bySand Hill Advisors LLC. Pl. This Order terminates all pending matters in the Docket.