Plaintiff, however, was unable to register the new name with the California Secretary of State because *1111 Defendant had previously registered the name with the State in 1999. 0000001331 00000 n Id. 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 The Rodeo Collection court held that under both tests, the mark "Rodeo Collection," and the component term "Collection" were "more than merely descriptive as used to identify a shopping center." F, Hill Depo. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. at 22.) [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. (Court Reporter: Diane Skillman.) (Entered: 02/24/2009), ORDER REFERRING CASE to Magistrate Judge for ALL Discovery purposes. The Court therefore addresses each prong of the test for service mark infringement to ascertain whether summary judgment is appropriate based on the record presented. "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." Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 0 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. 02:50. at 970. J. Michael Keyes (Martin, James) (Filed on 12/11/2009) Modified on 12/14/2009 (jlm, COURT STAFF). Sand Hill Advisors LLC v. Sand Hill Advisors LLC All but one of the Sleekcraft factors strongly favor Defendant, and none favor Plaintiff. VIA TELEPHONE. Founded Date Jan 1, 1982. See Report and Recommendation Re: Def. 85. Stated simply, it is not. 2.) See Sleekcraft, 599 F.2d at 348-49. 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. This argument is based on nothing but sheer speculation, which is not evidence. Of Trs. To establish service mark infringement under the Lanham Act, the plaintiff must show that (1) it has a valid, protectable mark, and (2) defendant's use of the mark is likely to cause confusion. Even if section 2(f) were applicable, Plaintiff has failed to demonstrate the requisite five years of exclusive and continuous use. 32, Filing Because "Sand Hill Advisors" is descriptive, it is not entitled to protection unless it has acquired secondary meaning. In addition, the record does not support Defendant's assertion that the only reason Plaintiff filed suit was to "force it to surrender its business registration" in California. 1052(f) (emphasis added). (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. IN SUPPORT OF MOTION TO COMPEL ARBITRATION to Of Frank D. Rorie JR. xb``f``b sT,PAABmgX$ Def. at 47:2-73:8; Creighton Depo. "If the evidence is merely colorable, or is not significantly probative, summary judgment may be granted." "Advisors" aptly describes the nature of Plaintiff's business; to wit, it advises clients on maintaining and building their wealth. 2023-02-21, Los Angeles County Superior Courts | Contract | 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 (Entered: 12/11/2009), Declaration of Jane Williams in Support of 42 Memorandum in Opposition to Motion for Summary Judgment filed by Sand Hill Advisors LLC. The parties are presently before the Court on Defendant's Motion for Summary Judgment. 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." 79, Filing (Davidson Reply Decl. 1995). Clamp Mfg. at 24:1.). [2] "[T]he only difference between a trademark and a service mark is that a trademark identifies goods while a service mark identifies services. 578, 581-82 (S.D.N.Y.1972) addressed the issue of "use" to determine which party could establish priority to claim ownership of the mark. Plaintiff is a so-called "wealth management" firm that caters to high net worth individuals. at 12, Dkt. Sciences Corp. v. eBay, Inc., 511 F.3d 966, 969-970 (9th Cir.2007). 44; Davidson Decl. (Opp'n at 19.) 42. Id. (lrc, COURT STAFF) (Filed on 1/26/2010) Modified on 1/27/2010 (jlm, COURT STAFF). Two Pesos, Inc. v. Taco Cabana, Inc., 505 U.S. 763, 768, 112 S.Ct. 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. 56, Filing (Entered: 12/11/2009), Memorandum in Opposition re 36 Motion for Summary Judgment filed by Sand Hill Advisors LLC. 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. The recommendation of the Magistrate is ADOPTED and Defendant's Motion for Attorneys' Fees is DENIED. IN SUPPORT OF MOTION TO COMPEL ARBITRATION to Of Frank D. Rorie JR. Here, the services offered by Plaintiff and Defendant are fundamentally distinct. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. 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. IAPD - Investment Adviser Public Disclosure - Homepage Sand Hill Global Advisors was founded in 1982 and is based in Palo Alto, California. 61, 64, 84, 85 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. (Entered: 01/14/2010), Minute Entry: Motion Hearing held on 1/12/2010 before Judge Saundra Brown Armstrong (Date Filed: 1/12/2010). 2007). A subscription to PACER is required. In general, the same analytical framework applies to infringement claims, irrespective of whether the marks or names are registered with the PTO. 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. Signed by Judge Saundra Brown Armstrong, on 2/16/10. 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. B, Williams Depo. Sand Hill (McCaffrey Depo. Here, Plaintiff asserts that its evidence shows that since it changed its name in 1995 to "Sand Hill Advisors," it has advertised the mark through a variety of *1118 channels. 84. (Hill Decl. Id. 1117(a). Unlike Plaintiff, Defendant does not provide any advice to any third party, and has no involvement in providing wealth management services. at 89:9-12.) In fact, Plaintiff readily acknowledges that Defendant places its banners on buildings while Plaintiff uses them at sponsored events. Sand Hill Advisors LLC v. Sand Hill Advisors LLC Docket Summons on Complaint; Issued and Filed by: Yida Gao (Plaintiff); Sand Hill Advisors, LLC (Plaintiff); As to: Adam B. <<22A12329BFF53A46B00346188163DD72>]>> Sciences v. eBay, Inc., 511 F.3d 966, 969 (9th Cir.2007). 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. Contact Email info@sandhillglobaladvisors.com. Headquarters Regions San Francisco Bay Area, Silicon Valley, West Coast. (Entered: 05/21/2009), CERTIFICATION OF MEDIATION Session 5/19/2009, case not settled, no follow up contemplated, mediation complete. (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. 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. (Id.) 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, WebThe Michigan Supreme Court is providing the information on this website as a public service. Within fourteen days of service of the proposed findings and recommendations, "any party may serve and file written objections to such proposed findings and recommendations as provided by rules of court." Civ. 1986). At Sand Hill, we have long-standing experience with RSUs, deferred compensation, and specialized tax 3.) As set forth in the Court's summary judgment order, Defendant raised a number of potentially viable arguments to show that its mark is suggestive, notwithstanding Plaintiff's acknowledgement. In addition, the widespread use of "Sand Hill" by other businesses further weakens the "Sand Hill Advisors" mark. (Conway Depo. 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.'" Applied Info Sciences Corp., 511 F.3d at 969-970. (Conway Depo. 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. Def. Please take note that plaintiff's counsel initiates the call to all parties. Plaintiff provides no analysis or legal authority for its position. "Marks are often classified in categories of generally increasing distinctiveness; they may be (1) generic; (2) descriptive; (3) suggestive; (4) arbitrary; or (5) fanciful." WebDefendant Sand Hill Advisors LLCs stipulation to amend its Answer to assert additional Affirmative Defenses challenging Plaintiffs legal capacity and standing to bring its 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."
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