sand hill advisors lawsuit

Though ultimately concluding that such evidence was insufficient to establish a issue of fact regarding secondary meaning, the Court did not find that Plaintiff's position was groundless or baseless. Answer; Filed by: Adam B. "Advisors" aptly describes the nature of Plaintiff's business; to wit, it advises clients on maintaining and building their wealth. at 8-9. 4.) 13. (Court Reporter: Diane Skillman.) Thus, in a federal infringement action, the holder of the registered mark may rely on section 2(f) to show acquired distinctiveness (i.e., secondary meaning) as of the date of registration. 's Mot. 's Mot. Plaintiff summarily asserts that "there is no need for other wealth management firms to use `Sand Hill Advisors' in describing or advertising their services." In its motion, Defendant contends that Plaintiff cannot demonstrate that "Sand Hill Advisors" is a protectable mark or that Defendant's use of the mark is likely to confuse the public. In particular, she concluded that Plaintiff had presented plausible grounds for its lawsuit and otherwise rejected Defendant's contention that this was an "exceptional" case warranting a fee award under the Lanham Act, 15 U.S.C. See Lahoti, 586 F.3d at 1196. Co., Inc. v. Enco Mfg. IN SUPPORT OF MOTION TO COMPEL ARBITRATION, 7/8/2021: Declaration - DECLARATION OF ADAM B. Art Attacks Ink, LLC v. MGA Entm't Inc., 581 F.3d 1138, 1145 (9th Cir. Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. See Sleekcraft, 599 F.2d at 348-49. ), 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. (Opp'n at 17.) Docketof Court Order Continuing CMC; Filed by: Yida Gao (Plaintiff); As to: Adam B. We are experts in guiding wealthy families and individuals through complex financial transitions. 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. 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. 2.) It is undisputed that Defendant offers no advice concerning investing in real estate to any third parties. The Ninth Circuit construes the "exceptional cases" requirement narrowly. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. Fed.R.Civ.P. [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. at 10-11. 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. The Court found that Instant Media's mark was "conceptually weak because the I'M mark exists in a crowded field of trademarks using variations of `IM,' `I'm' and `I am.'" Struck (Defendant); Struck Capital Management, LLC (Defendant); Struck Capital Fund GP LLC (Defendant) et al. Defendant argues that "Sand Hill Advisors" is a "primarily geographical descriptive" mark lacking any secondary meaning, and hence, is not subject to protection. (Miller, Katherine) (Filed on 1/28/2009) Modified on 1/29/2009 (jlm, COURT STAFF). 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. L.R. Modified on 12/23/2009 (feriab, COURT STAFF). STRUCK'S MOTION TO COMPEL ARBITRATION, Opposition - OPPOSITION TO DEFENDANT AND CROSS-COMPLAINANT ADAM B. 's Mot. Magistrate Judge Wayne D. Brazil no longer assigned to the case. 2.) E at 128:22-129:1, Dkt. 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 Though acknowledging that Defendant had used the SAND HILL ADVISORS mark sometime after its formation in 1999, Plaintiff argued that such use was insufficient to show "use in commerce" for trademark purposes. at 132:12-133:8; Conway Depo. Entrepreneur Media, Inc. v. Smith, 279 F.3d 1135, 1144 (9th Cir.2002). Here, Plaintiff asserts that the presumption applies here 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. Operating Status Active. 61, 64, 84, 85 Defendant. Although Plaintiff and Defendant share the same mark, they offer completely distinct services to distinct consumers in separate markets. See Applied Info. at 12-13. (Opp'n at 22.) [1] Plaintiff objects to the declaration of Albert Hill on the ground that he did not sign it under penalty of perjury. ), 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"). Pl. 2002).[1]. 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." 1052(f) (emphasis added). An applicant nevertheless may seek to register a descriptive mark pursuant to section 2(f), which creates a presumption of distinctiveness (or "acquired distinctiveness"), where the applicant can establish at least five years of substantially exclusive and continuous use. 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. Ex. In addition, Defendant ignores the evidence proffered by Plaintiff, and cited by the Magistrate, that Plaintiff desired to protect the goodwill that it believed it had established by operating under the Sand Hill Advisors name. 's Mot. ), According to its founders, they changed the firm name to "Sand Hill Advisors" because of recent developments in its business and accompanying desire to no longer use individual's names to identify the firm. See Fed.R.Civ.P. A.) Id. Sciences v. eBay, Inc., 511 F.3d 966, 969 (9th Cir.2007). Signed by Judge ARMSTRONG on 9/16/10. But there's still some wrinkles that need to be ironed out so it can work with its cousin from The Clearing House. Com, Inc. v. Walt Disney Co., 202 F.3d 1199, 1205 n. 3 (9th Cir.2000). 61, 64, 84, 85 xref 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. (Attachments: # 1 Standing Order)(cjl, COURT STAFF) (Filed on 11/4/2008) (Entered: 11/06/2008), Summons Issued as to Sand Hill Advisors LLC. (Williams Decl. (lrc, COURT STAFF) (Filed on 9/20/2010) Modified on 9/21/2010 (kc, COURT STAFF). Id. 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. The recommendation of the Magistrate is ADOPTED and Defendant's Motion for Attorneys' Fees is DENIED. View latest Form ADV filed Part 2 Brochures Part 3 Relationship Summary. 57. 78(b); N.D. Cal. 28 U.S.C. The central bank's instant payment system could bring enormous benefits to banks and their customers. at 66:1-3.) Cir.2009). 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. 0000000860 00000 n 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). STIPULATION AND ORDER re Pretrial Schedule. Summary. WebGet free access to the complete judgment in SAND HILL ADVISORS LLC v. SAND HILL ADVISORS LLC on CaseMine. they may be (1) generic; (2) descriptive; (3) suggestive; (4) arbitrary; or (5) fanciful." Status Conference re: Arbitration scheduled for 08/29/2023 at 08:30 AM in Santa Monica Courthouse at Department R, Pursuant to the request of plaintiff, Status Conference re: Arbitration scheduled for 10/04/2022 at 08:30 AM in Santa Monica Courthouse at Department R Held - Continued was rescheduled to 08/29/2023 08:30 AM, Minute Order (Status Conference re: Arbitration), Updated -- Declaration Of Frank D. Rorie JR. Plaintiff nonetheless insists that "Sand Hill," when combined with "Advisors," is suggestive, as opposed to descriptive. Ex. Of Vill. Rule 56(c) of the Federal Rules of Civil Procedure authorizes summary judgment if there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. Brookfield, 174 F.3d at 1055. In view of the dearth of evidence of actual confusion, the Court finds that this factor weighs in favor of Defendant. v. Id. Applied Info. (lrc, COURT STAFF) (Filed on 2/20/2009) (Entered: 02/20/2009), STIPULATION and Proposed Protective Order, filed by Sand Hill Advisors LLC., Sand Hill Advisors LLC. (Martin, James) (Filed on 1/21/2010) Modified on 1/22/2010 (jlm, COURT STAFF). Applied Info. 7-1(b). VIA TELEPHONE. (Williams Decl. Co-founder Jane Williams similarly confirmed the geographical significance of "Sand Hill." 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." 56(e); Orr v. Bank of Am., 285 F.3d 764, 773 (9th Cir. "The latter three categories of marks, because their intrinsic nature, serves to identify a particular source of a product, are deemed inherently distinctive and are entitled to protection." Astra Pharm. (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. 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. (Opp'n at 23.) xb``f``b sT,PAABmgX$ Struck (Defendant); Struck Capital Management, LLC (Defendant); Struck Capital Fund GP LLC (Defendant) et al. Def. trailer The common use of an advertising medium (i.e., brochures and banners) is not probative of whether they are disseminated to the same audience. "A strong possibility that either party may expand his business to compete with the other will weigh in favor of finding that the present use is infringing." 62-3. 04:53. 's Opp'n to Def. (Williams Decl. at 7-10.) 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. 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. 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. (lrc, COURT STAFF) (Filed on 6/24/2010) Modified on 6/25/2010 (jlm, COURT STAFF). endstream endobj 21 0 obj<>stream Def. Ex. 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." 2548; Matsushita Elec. "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." 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. Signed by Judge ARMSTRONG on 2/19/09. 3.) Lahoti, 586 F.3d at 1201. Cancellation and Refund Policy, Privacy Policy, and See Grupo Gigante SA De CV v. Dallo & Co., Inc., 391 F.3d 1088, 1102 (9th Cir.2004) ("Descriptive or suggestive marks are relatively weak."). Legal Name Sand Hill Global Advisors, LLC. at 22.) (adsbygoogle = window.adsbygoogle || []).push({}); Non-Government Works Copyright 2001-2023 Think Computer Corporation. This is indicative of a descriptive mark. Def. Summons on Complaint; Issued and Filed by: Yida Gao (Plaintiff); Sand Hill Advisors, LLC (Plaintiff); As to: Adam B. Because "Sand Hill Advisors" is descriptive, it is not entitled to protection unless it has acquired secondary meaning. And how much will banks have to pay? M2 Software, Inc. v. Madacy, 421 F.3d 1073, 1085 (9th Cir.2005). 0000001331 00000 n 0000000913 00000 n Signed by Judge ARMSTRONG on 9/16/10. Click the citation to see the full text of the cited case. (Entered: 05/21/2009), CERTIFICATION OF MEDIATION Session 5/19/2009, case not settled, no follow up contemplated, mediation complete. See Lahoti v. VeriCheck, Inc., 586 F.3d 1190, 1197 (9th Cir. B, Williams Depo. For these reasons, Plaintiff's Objections to Defendant's Evidence Offered in Support of Defendant's Motion for Summary Judgment (Docket 45) are denied as moot. WebThe Michigan Supreme Court is providing the information on this website as a public service. DocketComplaint; Filed by: Yida Gao (Plaintiff); Sand Hill Advisors, LLC (Plaintiff); As to: Adam B. 3Wrv]*\nwNN!4N%tN)NNNN9)%-cDE)7(/-3d=:tK~iE)f}!C6C@0d.O rZ aEnQ;! Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. 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. (lrc, COURT STAFF) (Filed on 5/28/2009) Modified on 5/29/2009 (jlm, COURT STAFF). The Court is persuaded by the record presented that any overlap in the parties' marketing channels is nil or minimal, which weighs in favor of Defendant. 2004) ("Is the mark the name of the place or region from which the goods actually come? 2000) (internal quotation marks omitted). 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 Of Grand View, 84 Video/newsstand, Inc. v. Thomas Sartini. Plaintiff attempted to register its new name with the California Secretary of State, but was informed that Defendant had previously registered the name with the State in 1999. for Idaho's High Desert, Inc. v. Yost, 92 F.3d 814, 821 (9th Cir.1996). 62-5; see also R&R at 6-7, Dkt. 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. NOTICE of Substitution of Counsel, filed by Sand Hill Advisors, LLC. Notice of Settlement Conference and Settlement Conference Order for 1/13/2010 02:00 PM in Courtroom F, 15th Floor, San Francisco. No calendar events were found for this docket. Signed by Magistrate Judge Maria-Elena James, on 3/1/2010. As to the imagination test, the court explained that "[a] person would not be likely to picture a shopping center upon first hearing the name `Rodeo Collection'" and that "some imagination" was necessary to associate the word "collection" with the collection of shops and restaurants that make up the shopping centers. (Davidson Decl. (Entered: 12/11/2009), OBJECTIONS to 38 Declaration of Albert R. Hill in Support of Motion for Summary Judgment filed by Sand Hill Advisors LLC. (cjl, COURT STAFF) (Filed on 11/4/2008) (Entered: 11/06/2008). On January 12, 2010, the parties appeared through counsel for oral argument on the motion. Defendant has since corrected this error by submitting a properly verified version of Mr. Hill's declaration. endstream endobj 34 0 obj<> endobj 35 0 obj<> endobj 36 0 obj<>/Font<>/ProcSet[/PDF/Text]/ExtGState<>>> endobj 37 0 obj<> endobj 38 0 obj<> endobj 39 0 obj[/ICCBased 46 0 R] endobj 40 0 obj<> endobj 41 0 obj<> endobj 42 0 obj<> endobj 43 0 obj<>stream Broadly speaking, suggestive, arbitrary and fanciful marks are entitled to protection, whereas a descriptive mark is not unless it has acquired distinctiveness through secondary meaning. (lrc, COURT STAFF) (Filed on 1/26/2010) Modified on 1/27/2010 (jlm, COURT STAFF). 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? The fact that the Court concluded that the Sleekcraft factors supported Defendant's position does not render Plaintiff's claim groundless or unreasonable. Struck (Defendant); Struck Capital Signed by Judge ARMSTRONG on 2/20/09. 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. q (Williams Decl. 3-5 d), filed by Sand Hill Advisors LLC, Sand Hill Advisors LLC. If you do not agree with these terms, then do not use our website and/or services. In February of 2012, the American Civil Liberties Union and the ACLU of Michigan filed a lawsuit on behalf of nine Michigan citizens who were sentenced to life Save 25% on a pre-paid one year subscription. (Hill Decl. at 12, Dkt. "); see also McCaffrey Depo. Id. B.) (Date Filed: 2/18/2009). 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. (cjl, COURT STAFF) (Filed on 12/16/2008) (Entered: 12/16/2008), ANSWER to Complaint and Affirmative Defenses, Exhibits A - D by Sand Hill Advisors LLC. Plaintiff has filed an opposition to the motion, accompanied by objections to certain of the evidence offered by Defendant in support of its motion. Def. (Opp'n at 19.) 83, Filing 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. 57. "); Entrepreneur Media, Inc. v. Smith, 279 F.3d 1135, 1141 (9th Cir.2002) (internal quotation marks and citation omitted). Id. *** Declaration of Rachel R. Davidson in Support of 47 Reply Memorandum filed by Sand Hill Advisors LLC. To update this case yourself, sign into PACER (paid PACER subscription required). 91, Filing "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." Listed below are the cases that are cited in this Featured Case. In June 1982, CLW Financial Services, Inc., became known as Conway, Luongo, Williams, Inc. (Id. Motion Hearing set for 2/23/2010 01:00 PM in Courtroom 3, 3rd Floor, Oakland. 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. 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 L.) At present, Plaintiff manages between $800 million to a $1 billion in assets. 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 50:10-52:14.) (Entered: 12/22/2009), Reply Memorandum re 36 Motion for Summary Judgment filed by Sand Hill Advisors LLC. (Davidson Decl. Applied Info Sciences Corp., 511 F.3d at 969-970. On September 3, 2009, the PTO rejected Plaintiff's application on the basis that "Sand Hill" is "primarily geographically descriptive" under 15 U.S.C. Entrepreneur Media, 279 F.3d at 1148. WebSand Hill Advisors LLC. The amount of protection accorded to a particular mark is a function of its distinctiveness. Whether a mark has acquired secondary meaning generally presents a question of fact. 69, Filing SAND HILL ADVISORS, LLC v. SAND HILL ADVISORS, LLC. (Davidson, Rachel) (Filed on 12/22/2009) Modified on 12/23/2009 (jlm, COURT STAFF). 1997). (Entered: 12/28/2009), *** FILED IN ERROR. 0000001296 00000 n As noted, a descriptive mark cannot be registered with the PTO absent a showing of secondary meaning. Please take note that plaintiff's counsel initiates the call to all parties. Struck (Defendant); As to: Yida Gao (Plaintiff); Sand Hill Advisors, LLC (Plaintiff); Shima Capitol LLC, a Delaware Limited Liability Company (Cross-Defendant) et al. Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. DocketStatus Conference re: Arbitration scheduled for 08/29/2023 at 08:30 AM in Santa Monica Courthouse at Department R, DocketPursuant to the request of plaintiff, Status Conference re: Arbitration scheduled for 10/04/2022 at 08:30 AM in Santa Monica Courthouse at Department R Held - Continued was rescheduled to 08/29/2023 08:30 AM, DocketMinute Order (Status Conference re: Arbitration), DocketUpdated -- Declaration Of Frank D. Rorie JR. Signed by Magistrate Judge Maria-Elena James on 6/1/2010. WebCompany profile page for Sand Hill Advisors Inc including stock price, company news, press releases, executives, board members, and contact information 2021-11-08. Forschner Group, Inc. v. Arrow Trading Co., Inc., 30 F.3d 348, 355 (2d Cir.1994) (internal quotation marks omitted). (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. Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. 1502(e)(2).

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