%%EOF Why is this public record being published online? 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. endstream endobj 21 0 obj<>stream Def. 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. 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. In re Supply Guys, Inc., 86 U.S.P.Q.2d 1488, 1495 (T.T.A.B.2008) involved an appeal from the denial of a trademark registration, while Modular Cinemas of America, Inc. v. Mini Cinemas Corp., 348 F.Supp. 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. The parties are presently before the Court on Defendant's motion for de novo determination of Magistrate Judge Maria Elena James' report and recommendation to deny Defendant's motion for attorneys' fees. "); see also McCaffrey Depo. 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. As to the word "Advisors," the PTO found that such term is generic or descriptive, and that its inclusion in the proposed mark did not diminish its finding that the mark is primarily geographically descriptive. ***Civil Case Terminated. Signed by Magistrate Judge Elizabeth D. Laporte, on February 26, 2009. Mar. 2009). In Support Of Motion To Compel Arbitration: Name Extension changed from OF FRANK D. RORIE JR. 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. [2] "[T]he only difference between a trademark and a service mark is that a trademark identifies goods while a service mark identifies services. ), 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. C.) In March 1999, Conway, Williams & Foster, Inc., again changed its name to Sand Hill Advisors, Inc. (Id. 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. 56(e); Orr v. Bank of Am., 285 F.3d 764, 773 (9th Cir. 2. at 115:11-22.) However, the Ninth Circuit has recognized that a mark need not precisely describe the services provided in order to be descriptive. 9; McCaffrey Depo. L.R. LANSING, Mich. (WILX) - About half of Michigans counties, including Ingham, Eaton and Hillsdale, have been named in a class-action lawsuit over profits from the sale The Court may "accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." Id. REPORT AND RECOMMENDATIONS re 61 MOTION for Attorney Fees filed by Sand Hill Advisors LLC Objections to R&R due by 6/15/2010. v. (Miller, Katherine) (Filed on 2/19/2009) Modified on 2/20/2009 (jlm, COURT STAFF). they may be (1) generic; (2) descriptive; (3) suggestive; (4) arbitrary; or (5) fanciful." 3-5 d), filed by Sand Hill Advisors LLC, Sand Hill Advisors LLC. See Brookfield Commc'ns, 174 F.3d at 1056 (likelihood of confusion resulting from the use of the same or similar mark was "remote" if the parties "did not compete" with one another); Dynamics Research Corp. v. Langenau Mfg. 's Mot. 0000001856 00000 n 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. To update this case yourself, sign into PACER (paid PACER subscription required). (McCaffrey Depo. 0000012780 00000 n 0000002317 00000 n The top five bank holding companies have combined total consumer loan portfolios of more than $1.8 trillion as of December 31, 2022. The matter has been fully briefed, and is now ripe for determination. 2009) (internal quotation marks and citation omitted) (emphasis added). (Williams Decl. 636(b)(1)(B), (C); Fed.R.Civ.P. [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." (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). L.) In contrast, Defendant merely purchases, owns, sells, manages and leases commercial properties for its own account. 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." 28 U.S.C. Signed by Mediator, James Gilliland, dated 5/19/2009. 1117(a). Def. 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. NOTICE of Substitution of Counsel, filed by Sand Hill Advisors, LLC. 1:23-MC-00086 | 2023-02-15, California Courts Of Appeal | Other | Civ. <<22A12329BFF53A46B00346188163DD72>]>> (Conway Depo. (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. In what amounts to a final blow to Antiochs Measure T and the environmentalists efforts to stop the long-planned new home developments in the citys Sand Creek area, on June 7, 2021, a Contra Costa Superior Court judge ruled in favor of Oak Hill Park Company in their lawsuit against the City of Antioch to prevent the council from 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. Signed by Magistrate Judge Maria-Elena James on 6/1/2010. See Order of Reference, Dkt. q Her commentary begins at the 3:51 mark. Plaintiff nonetheless insists that "Sand Hill," when combined with "Advisors," is suggestive, as opposed to descriptive. 0000000016 00000 n Cons Only location is in downtown Palo Alto, not in the hub of the city or on the legendary Sand Hill Road. 0000000016 00000 n Aside from being devoid of evidentiary support, Plaintiff's argument misses the point. 2505. L.) At present, Plaintiff manages between $800 million to a $1 billion in assets. of Court Order Continuing CMC; Filed by: Yida Gao (Plaintiff); As to: Adam B. WebThe Michigan Supreme Court is providing the information on this website as a public service. Summons on Complaint; Issued and Filed by: Adam B. Sand Hill Global Advisors manages $3.6 billion and provides investment advisory services for 433 clients (1:31 advisor/client ratio). (Martin, James) (Filed on 1/22/2010) Modified on 1/25/2010 (jlm, COURT STAFF). 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. Applied Info Sciences Corp., 511 F.3d at 969-970. at 8-9. Of Vill. Id. Summons on Complaint; Issued and Filed by: Yida Gao (Plaintiff); Sand Hill Advisors, LLC (Plaintiff); As to: Adam B. Signed by Judge ARMSTRONG on 1/5/09. In addition, the widespread use of "Sand Hill" by other businesses further weakens the "Sand Hill Advisors" mark. This change was prompted by the decision of certain members of Plaintiff's management to reacquire equity from Boston Financial. (Mot. 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 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. 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. Lahoti, 586 F.3d at 1201. (Opp'n at 16.). (Davidson's Reply Decl. Motions due by 1/12/2010. (Entered: 12/11/2009), ORDER by Judge ARMSTRONG granting 40 Ex Parte Application (lrc, COURT STAFF) (Filed on 12/4/2009), Ex Parte MOTION to Modify Briefing Schedule re Motion for Summary Judgment filed by Sand Hill Advisors LLC. 1052(f) (emphasis added). STRUCK'S MOTION TO COMPEL ARBITRATION, Reply - REPLY REPLY MEMORANDUM IN SUPPORT OF ADAM B. STRUCKS MOTION TO COMPEL ARBITRATION, Cases involving other agreements or torts not classified elsewhere, 190, 1190, 2190, 3190, 4190, 4194, 5190, 5196. However, neither of cases cited by Plaintiff supports that proposition. trailer Get A.M.business scoops. (Opp'n at 13.) Notice of Case Assignment - Unlimited Civil Case; Filed by: Clerk. 2008). On January 12, 2010, the parties appeared through counsel for oral argument on the motion. "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." (adsbygoogle = window.adsbygoogle || []).push({}); Non-Government Works Copyright 2001-2023 Think Computer Corporation. (Davidson Decl. While that may have been one of Plaintiff's motivations, Defendant cites no authority to support the conclusion that such a desire is sufficient to justify the imposition of attorneys' fees under the Lanham Act. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. In addition, Plaintiff ignores that "[t] he question is whether the phrase can be construed to mean that the product is made in a certain locale." Ex. 0000000940 00000 n ORDER VACATING HEARING re 61 MOTION for Attorney Fees filed by Sand Hill Advisors LLC. at 24:1-12 ("at the time we were located on Sand Hill Road. at 7-10.) xref 2505 (internal citations omitted). Signed by Judge James Larson on 9/17/09. 0 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. Co-founder Jane Williams similarly confirmed the geographical significance of "Sand Hill." 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 startxref (McCaffrey Depo. Neither party discusses the threshold question of whether section 2(f) is germane in an infringement case where the mark is unregistered. 0000004838 00000 n Plaintiff surmises that Mr. Hill was not being truthful and posits that he must have known about Plaintiff when he was securing Defendant's domain name. NOTICE OF REFERENCE AND ORDER SCHEDULING HEARING: Hearing set for 04/08/2010 at 10:00 AM, re 61 Motion for Attorney Fees. 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 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. (Attachments: # 1 Appendix Declaration of James P. Martin, # 2 Appendix Proposed Order)(Martin, James) (Filed on 12/2/2009) Modified on 12/3/2009 (jlm, COURT STAFF). at 22.) Here, after considering each of the Sleekcraft factors, the Court concluded that while Plaintiff and Defendant share the same mark, they offer completely distinct services to distinct consumers in separate markets, and there was but a paucity of evidence of actual confusion. STRUCK'S MOTION TO COMPEL ARBITRATION, 7/21/2021: Opposition - OPPOSITION TO DEFENDANT AND CROSS-COMPLAINANT ADAM B. (Davidson Decl. AMENDED ORDER re 91 Order. All Rights Reserved. And the best part of all, documents in their CrowdSourced Library are FREE! Commack Self-Service Kosher Meats, Inc. v. Hooker, Cunney v. Bd. No one has written a summary of this case yet. Japan Telecom, 287 F.3d at 871; see also Comm. However, the cited deposition excerpts of Gary Conway, one of Plaintiff's founders, do not support Defendant's argument. Headquarters Regions San Francisco Bay Area, Silicon Valley, West Coast. MC/ Ex. Signed by Magistrate Judge Maria-Elena James, on 3/1/2010. In sum, the undisputed evidence establishes that Defendant was using the "Sand Hill Advisors" mark within five years of Plaintiff claimed dated of first use. Struck (Defendant); Struck Capital Management, LLC (Defendant); Struck Capital Fund GP LLC (Defendant) et al. 0000000736 00000 n STIPULATION AND ORDER: To Allow Defendant to Amend Answer, Signed by Judge Saundra Brown Armstrong, on 5/27/09. 0000005085 00000 n (cjl, COURT STAFF) (Filed on 11/4/2008) (Entered: 11/06/2008), COMPLAINT against Sand Hill Advisors LLC (Filing fee $350, receipt number 34611025084). Defendant is therefore entitled to summary judgment on this basis. 's Opp'n to Def. 78(b); N.D. Cal. Service marks and trademarks are governed by identical standards." Chance v. Pac-Tel Teletrac Inc., 242 F.3d 1151, 1156 (9th Cir.2001). Case No: C 08-5016 (Id. 88, Filing 58, Filing (Entered: 02/03/2009), Certificate of Interested Entities by Sand Hill Advisors LLC identifying Corporate Parent Boston Private Financial Holdings, Inc. for Sand Hill Advisors LLC. Sand Hill Advisors LLC v. Sand Hill Advisors LLC, Filing Yet, there is no evidence to support Plaintiff's assertion that "Sand Hill" evokes an "entrepreneurial" spirit. HWn:SjA-**KiH:u@rR5gEIVzv/6"?3ofJy'}J"Hz?pO2>NOklkI-'[cB9P0o '/{'{np"&}x\A0y68l\z?|. (Date Filed: 2/18/2009). (Attachments: # 1 Davidson Declaration In Support of Defendant's Ex Parte Application, # 2 Proposed Order Granting Defendant's Ex Parte Application)(Davidson, Rachel) (Filed on 11/19/2009) (Entered: 11/19/2009), Order Setting Settlement Conference before Magistrate Judge James Larson. Plaintiff's desire to protect such interests is a legitimate one. at 68:25-69:25; 79:1-12.) 15 U.S.C. (Entered: 01/29/2009), ADR Clerks Notice Setting ADR Phone Conference on 2/10/09 at 11:00 a.m. Plaintiff argues that its provision of real estate investment advice overlaps with Defendant's business. WebDefendant Sand Hill Advisors LLCs stipulation to amend its Answer to assert additional Affirmative Defenses challenging Plaintiffs legal capacity and standing to bring its ), 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"). Here, there is scant evidence of actual confusion, which weighs in favor of Defendant. 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. WebSAND HILL GLOBAL ADVISORS, LLC ( CRD # 111295/SEC#:801-58002 ) SAND HILL ADVISORS, INC., SAND HILL GLOBAL ADVISORS, LLC, SAND HILL ADVISORS, LLC., SAND HILL ADVISORS, LLC. Only admissible evidence may be considered in ruling on a motion for motion for summary judgment. Def. 0000002396 00000 n See Japan Telecom, Inc. v. Japan Telecom Am. Struck (Defendant); Struck Capital Management, LLC (Defendant); Struck Capital Fund GP LLC (Defendant) et al. 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. We worked in that area. All Rights Reserved. WebVenture Capital. If you do not agree with these terms, then do not use our website and/or services. (lrc, COURT STAFF) (Filed on 1/25/2010) Modified on 1/26/2010 (jlm, COURT STAFF). 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. at 10-11. 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. 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. See Fed.R.Civ.P. Cal. 2753. Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. Ex. Last Updated January 6, 2019 at 8:27 PM EST (4.3 years ago). at 24:9-14.) A descriptive mark may be subject to protection under the Lanham Act if it has acquired a secondary meaning. 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. "Exceptional circumstances can be found when the non-prevailing party's case is groundless, unreasonable, vexatious, or pursued in bad faith." 1979). ), Since its founding in 1982, Plaintiff has undergone a number of name changes. Signed by Judge Saundra Brown Armstrong, on 1/22/10. "While an intent to confuse consumers is not required for a finding of trademark infringement, intent to deceive is strong evidence of a likelihood of confusion." Signed by Magistrate Judge Maria at 132:16-24, 134:7-10. at *13. 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. Though Plaintiff was unsuccessful in pressing this point, the Court notes that Plaintiff's argument was not frivolous.2. Signed by Judge Maria-Elena James on 4/5/2010. Despite Defendant's intimation to the contrary, the Court did not conclude that a mark is weakened by common use of terms comprising the mark only where the marks are identical. The mere fact that a mark references a geographic location does not ipso facto lead to the conclusion that the mark is descriptive. 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. United States District Court, N.D. California, Oakland Division. (Opp'n at 14.) for Idaho's High Desert, Inc. v. Yost, 92 F.3d 814, 821 (9th Cir.1996). THE KUHN FOUNDATION, A CALIFORNIA CORPORATION, ET AL. He further stated that the location of Plaintiff's business "was very much part and parcel" to its decision to adopt "Sand Hill Advisors" as its name. 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. (mejlc1, COURT STAFF) (Filed on 6/1/2010) Modified on 6/2/2010 (jlm, COURT STAFF). Inc. v. US Agency Intern. The marks here are identical, which, at first blush, appears to favor Plaintiff. *1112 Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48, 106 S.Ct. This Order terminates all pending matters in the Docket. Signed by Judge ARMSTRONG on 0000005191 00000 n 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, 10 22 2753. 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. 's Opp'n to Def. The central bank's instant payment system could bring enormous benefits to banks and their customers. There's always a lot to do, and even more to learn. at 47:2-73:8; Creighton Depo. ), Defendant is a California limited liability company formed by business partners Bert Sandell and Albert Hill, Jr., located in Los Altos, California. 0000001817 00000 n % 2:23-MC-00075 | 2023-02-15, U.S. District Courts | Other | 72(b)(1); Civ. In reaching this conclusion, the court found: Sand Hill in the Silicon Valley is primarily geographically descriptive; Motion Hearing set for 2/23/2010 01:00 PM in Courtroom 3, 3rd Floor, Oakland. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2004) ("Is the mark the name of the place or region from which the goods actually come? 0000002831 00000 n at 80:15, 81:21-22. 's Mot. Brookfield, 174 F.3d at 1055. 13.) AMENDED ORDER re 91 Order, Terminate Motions,,,,,,. Here, there is no dispute that Sand Hill can be construed to mean that Plaintiff is an advisory firm based in the Sand Hill areaand indeed, that name was selected by Plaintiff because they, in fact, were then located on Sand Hill Road. This contention lacks merit. We are experts in guiding wealthy families and individuals through complex financial transitions. But it also presents new risks to manage. 2753, 120 L.Ed.2d 615 (1992). (Entered: 12/15/2008), CLERK'S NOTICE of Impending Reassignment to U.S. District Judge. (Opp'n at 22-23.) Notwithstanding that finding, the Court disagrees with Defendant that Plaintiff's arguments were "frivolous." ), 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 November 4, 2008, alleging a single claim for service mark infringement under the Lanham Act. Gary Conway testified at his deposition that the founders selected the "Sand Hill" name because the firm's offices were located on Sand Hill Road and they wanted to "trumpet" their location due to its "cache." Ex. The party seeking a fee award bears the burden of proving exceptional circumstances by "compelling proof." (Miller, Katherine) (Filed on 1/28/2009) Modified on 1/29/2009 (jlm, COURT STAFF). Plaintiff is a so-called "wealth management" firm that caters to high net worth individuals. Id. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. 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. 0000004984 00000 n (af, COURT STAFF) (Filed on 3/5/2009) (Entered: 03/05/2009), STIPULATION AND PROTECTIVE ORDER. IN SUPPORT OF MOTION TO COMPEL ARBITRATION to Of Frank D. Rorie JR. ORDER by Judge Saundra Brown Armstrong GRANTING 36 Motion for Summary Judgment. Messrs. Sandell and Hill filed their Limited Liability Company Articles of Organization with the California Secretary of State on April 27, 1999. Plaintiff's ancillary contention that "Sand Hill Advisors" satisfies the "need test" fares no better. Struck (Defendant); Struck Capital Summary judgment may be entered in a trademark action "when no genuine issue of material fact exists." 0000002341 00000 n *1122 IT IS HEREBY ORDERED THAT Defendant's Motion for Summary Judgment (Docket 36) is GRANTED. 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. 61, 64, 84, 85 Defendant. at 13-18. at 212:7-10. (Williams Decl. Sand Hill Advisors LLC v. Sand Hill Advisors LLC. 7-1(b). The Court thus finds that this factor favors Defendant. ORDER by Judge Saundra Brown Armstrong GRANTING 35 Ex Parte Motion to Move the Hearing Date for Defendant's Motion for Summary Judgment and Setting Hearing on Motion For Summary Judgment to 1/12/2010 at 01:00 PM. See Lahoti, 586 F.3d at 1196. The court has the discretion under Lanham Act to award attorneys' fees to a prevailing party in "exceptional cases." Lahoti v. VeriCheck, Inc., 586 F.3d 1190, 1196 (9th Cir.2009). "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."). Save 25% on a pre-paid one year subscription. Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts.
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