sand hill advisors lawsuit

All Rights Reserved. 10 0 obj <> endobj Typically, Defendant purchases commercial property, which it then assigns to another limited liability company or entity owned by Messrs. Sandell and Hill. trailer at 212:7-10. In Support Of Motion To Compel Arbitration; As To Parties: removed. 0000000596 00000 n 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 Plaintiff summarily asserts that "there is no need for other wealth management firms to use `Sand Hill Advisors' in describing or advertising their services." 0000005191 00000 n Two Pesos, 505 U.S. at 769, 112 S.Ct. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. United States District Court, N.D. California, Oakland Division.https://leagle.com/images/logo.png. ORDER VACATING HEARING re 61 MOTION for Attorney Fees filed by Sand Hill Advisors LLC. 0000002351 00000 n Hill v. Snyder | American Civil Liberties Union 2007). 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. (tjs, COURT STAFF) (Filed on 1/29/2009) (Entered: 01/29/2009), NOTICE of need for ADR Phone Conference (ADR L.R. RELATED. Summons on Complaint; Issued and Filed by: Yida Gao (Plaintiff); Sand Hill Advisors, LLC (Plaintiff); As to: Adam B. 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. (lmh, COURT STAFF) (Filed on 2/24/2009) Modified on 2/25/2009 (jlm, COURT STAFF). 0000001003 00000 n 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." DocketComplaint; Filed by: Yida Gao (Plaintiff); Sand Hill Advisors, LLC (Plaintiff); As to: Adam B. 's Mot. 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. 0000002583 00000 n Two Pesos, 505 U.S. at 769, 112 S.Ct. 0 's Mot. ORDER REFERRING MOTION re 61 Motion for Attorney Fees. (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. 15 U.S.C. It is undisputed that Defendant offers no advice concerning investing in real estate to any third parties. A. degree from University of California , Santa Cruz and a B. (Davidson, Rachel) (Filed on 12/15/2008) Modified on 12/16/2008 (cjl, COURT STAFF). (Entered: 01/30/2009), JOINT CASE MANAGEMENT STATEMENT and Proposed Order, filed by Sand Hill Advisors LLC., Sand Hill Advisors LLC. Neither party discusses the threshold question of whether section 2(f) is germane in an infringement case where the mark is unregistered. 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. endstream endobj 21 0 obj<>stream 83, Filing (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). Clamp Mfg. Applied Info. Notably, section 2(f) was neither addressed nor at issue in either case. (Opp'n at 14.) But there's still some wrinkles that need to be ironed out so it can work with its cousin from The Clearing House. J. Michael Keyes But for the bankers and credit union lenders who participated, PPP remains a high point of their careers. Plaintiff's assertion that the parties overlap in the area of real estate services paints with too broad a brush. Signed by Judge Saundra Brown Armstrong, on 1/26/10. We worked in that area. To reflect this change, Plaintiff then sought to change its name from "Sand Hill Advisors, Inc." to "Sand Hill Advisors, LLC." 0000002317 00000 n SAND HILL ADVISORS, LLC, a Delaware limited liability company, Plaintiff, v. SAND HILL ADVISORS, LLC, a California limited liability company, Dkt. Seattle Trademark Lawyer No one has written a summary of this case yet. 2548; Matsushita Elec. 04:53. 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[.]" Sand Hill Advisors LLC v. Sand Hill Advisors LLC See Fed.R.Civ.P. 's Mot. (Martin, James) (Filed on 1/22/2010) Modified on 1/25/2010 (jlm, COURT STAFF). Struck (Defendant); Struck Capital Management, LLC (Defendant); Struck Capital Fund GP LLC (Defendant) et al. *1109 Rachel R. Davidson of K & L Gates, LLP for Defendant, Sand Hill Advisors. Aug. 13, 2007). Signed by Judge ARMSTRONG on 2/19/09. If the answer is yes, then the geographic term is probably used in a descriptive sense, and secondary meaning is required for protection.").[3]. 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. 0000002341 00000 n 's Mot. 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. 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. Ex. AMENDED ORDER re 91 Order, Terminate Motions,,,,,,. Yet, there is no evidence to support Plaintiff's assertion that "Sand Hill" evokes an "entrepreneurial" spirit. 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. The mere fact that a mark references a geographic location does not ipso facto lead to the conclusion that the mark is descriptive. Plaintiff's desire to protect such interests is a legitimate one. 1052(f), to establish a presumption of secondary meaning. C at 27:13-23 ("[W]e had been located at Sand Hill Road and actually were a very active part of the community around that area. (Conway Depo. 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." C.). Ex. The Court has concluded above that "Sand Hill Advisors" is primarily geographically descriptive, which supports the conclusion that the mark is weak. (Dhillon, Jas) (Filed on 1/29/2009) Modified on 1/30/2009 (jlm, COURT STAFF). Def. 2753. As the Magistrate correctly found, Mr. Conway merely stated that he recalled having raised the issue of seeking trademark protection with co-founder Jane Williams and the company's outside counsel. (Opp'n at 14.) (cjl, COURT STAFF) (Filed on 11/4/2008) (Entered: 11/06/2008). (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. Unlike Plaintiff, Defendant does not provide any advice to any third party, and has no involvement in providing wealth management services. All that Mr. Conway could state was that he raised the issue with them; beyond that vague recollection, however, Mr. Conway unequivocally stated that he could not remember what he discussed with them specifically. 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. (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. Inc., 287 F.3d 866, 871 (9th Cir.2002) (use of "Japan" in "Japan Telecom, Inc." did not "automatically make the trade name geographically descriptive"); Forschner Group, 30 F.3d at 355 ("That a phrase or term evokes geographic associations does not, standing alone, support a finding of geographic descriptiveness."). Summons on Complaint; Issued and Filed by: Adam B. SAND HILL ADVISORS, LLC, a California limited liability company, Defendant. Two Pesos, Inc. v. Taco Cabana, Inc., 505 U.S. 763, 768 (1992). 41, Filing These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. 7-1(b). 2:23-MC-00075 | 2023-02-15, U.S. District Courts | Other | THE KUHN FOUNDATION, A CALIFORNIA CORPORATION, ET AL. (lrc, COURT STAFF) (Filed on 9/16/2010). 84. The matter has been fully briefed, and is now ripe for determination. Green Valley Corporation, a company under developer Barry Swenson Builder, sold the lot to Sand Hill's limited liability partnership, Four Corners EPA Property Owner LLC. (Entered: 12/15/2008), Declination to Proceed Before a U.S. Magistrate Judge by Sand Hill Advisors LLC. [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. (Id. 1052(f) (emphasis added). (lrc, COURT STAFF) (Filed on 5/28/2009) Modified on 5/29/2009 (jlm, COURT STAFF). 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. Defendant contends that Plaintiff's clients and those individuals likely to do business with Defendant are sophisticated, and hence, are unlikely to be confused. The common use of an advertising medium (i.e., brochures and banners) is not probative of whether they are disseminated to the same audience. Ex. 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. WebFebruary 17, 2023 Sand Hill Global Advisors, registered in 2000, serves 9 state (s) with a licensed staff of 14 advisors. Def. Signed by Judge James Larson on 9/17/09. 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." Sand Hill Plaintiff then sought to change its name from "Sand Hill Advisors, Inc." to "Sand Hill Advisors, LLC." 6/17/2015: In re BTC Trading, Corp. and Ethan Burnside "); see also McCaffrey Depo. 2753. 0000001817 00000 n Co., 704 F.2d 1575, 1577 (Fed.Cir.1983) (common use of "DRC" mark not likely to cause confusion where products were "quite distinct"). 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,

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