sand hill advisors lawsuit

Yellow Cab Co. of Sacramento v. Yellow Cab of Elk Grove, Inc., 419 F.3d 925, 930 (9th Cir.2005). 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." at 24:1-14.) Declaration of Albert R. Hill, Jr. in Support of 36 MOTION for Summary Judgment filed bySand Hill Advisors LLC. (Opp'n at 14.) 33 15 Japan Telecom, 287 F.3d at 873, 875 (affirming summary judgment for defendant where plaintiff's evidence was insufficient to show secondary meaning). Since 1999, Defendant has closed between seven to ten commercial real estate transactions. 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. 7@t020B bNq E "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." Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. Continue reading Be the first to find this review helpful F at 2.) Sand Hill Advisors LLC v. Sand Hill Advisors LLC, SAND HILL ADVISORS LLC, a Delaware limited liability company, SAND HILL ADVISORS LLC, a California limited liability company. Signed by Judge Saundra Brown Armstrong, on 06/23/10. 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. (Id. The Federal Reserve's long-awaited real-time payment system is at the finish line. "This acquired distinctiveness is generally called `secondary meaning.'" Art Attacks Ink, LLC v. MGA Entm't Inc., 581 F.3d 1138, 1145 (9th Cir.2009) (internal quotation marks and citation omitted, emphasis added). On November 19, 2009, Defendant filed a Motion for Summary Judgment. (McCaffrey Depo. To request information suppression, updates, or additions, contact us about this docket. 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. 0000002351 00000 n The lack of overlap is underscored by the paucity of evidence of actual confusion, which consists of nothing more than a few misplaced calls and a misdelivered package over the course of the last ten years. 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. Sand Hill Global Advisors 650-854-9150 Visit Site add_a_photo Overall info 5.0 Year Registered The record confirms that Plaintiff proffered evidence regarding it various marketing and promotional efforts using the SAND HILL ADVISORS name. AMENDED ORDER re 91 Order, Terminate Motions,,,,,,. Answer; Filed by: Adam B. 5.) (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. At the other end of the spectrum are generic marks, which are not protected. 85. 0000002307 00000 n 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. 2753. Surfvivor Media, Inc. v. Survivor Prods., 406 F.3d 625, 630 (9th Cir. 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. WebIAPD provides information on Investment Adviser firms regulated by the SEC and/or state securities regulators. M2 Software, Inc. v. Madacy, 421 F.3d 1073, 1085 (9th Cir.2005). 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. Of Trs. Signed by Judge ARMSTRONG on 9/15/10. But there's still some wrinkles that need to be ironed out so it can work with its cousin from The Clearing House. Id. 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. 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. If the moving party meets this initial burden, the burden then shifts to the non-moving party to present specific facts showing that there is a genuine issue for trial. 57. 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. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. Executive Compensation has grown increasingly complicated. for Attorneys' Fees ("R&R"), Dkt. 636(b)(1). 04:53. (Hill Decl. 's Mot. [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." 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. C.) In March 1999, Conway, Williams & Foster, Inc., again changed its name to Sand Hill Advisors, Inc. (Id. Stated simply, it is not. Sciences Corp. v. eBay, Inc., 511 F.3d 966, 969-970 (9th Cir.2007). 79, Filing No calendar events were found for this docket. See MSJ Order at 11-12, Dkt. (Davidson Decl. Case reassigned to Hon. See Levi Strauss & Co. v. Blue Bell, Inc., 778 F.2d 1352, 1358 (9th Cir.1985) ("[Levi] Strauss was required to prove that the tab as used on shirts had acquired secondary meaning by 1976, when Blue Bell began using a protruding label on shirts."). 10 22 Commack Self-Service Kosher Meats, Inc. v. Hooker, Cunney v. Bd. 's Opp'n to Def. 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 9/16/10. 2005). (Mot. ANE Holdings, LLC et al. at 13-18. "Some factors are much more helpful than others, and the relative importance of each individual factor will be case specific. [I]t is often possible to reach a conclusion with respect to likelihood of confusion after considering only a subset of the factors." 0000013270 00000 n (Opp'n at 13.) 88, Filing 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. 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 As above, the mere fact that the Court disagreed with Plaintiff's interpretation of 2(f) does not ipso facto lead to the conclusion that Plaintiff's arguments were "baseless." 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. 5 and Ex. 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. (Martin, James) (Filed on 12/11/2009) Modified on 12/14/2009 (jlm, COURT STAFF). (Martin, James) (Filed on 12/11/2009) Modified on 12/14/2009 (jlm, COURT STAFF). (Williams Decl. Cold War Museum, Inc. v. Cold War Air Museum, Inc., 586 F.3d 1352, 1356 (Fed. A subscription to PACER is required. In a trademark infringement action, Plaintiff bears the burden of establishing that the defendant use of the same or similar mark is likely to cause confusion based upon consideration of the factors set forth in AMF Inc. v. Sleekcraft Boats, 599 F.2d 341, 448-49 (9th Cir. 3-5 d), filed by Sand Hill Advisors LLC, Sand Hill Advisors LLC. (Davidson Decl. "); Entrepreneur Media, Inc. v. Smith, 279 F.3d 1135, 1141 (9th Cir.2002) (internal quotation marks and citation omitted). (Davidson, Rachel) (Filed on 12/22/2009) Modified on 12/23/2009 (jlm, COURT STAFF). In June 1982, CLW Financial Services, Inc., became known as Conway, Luongo, Williams, Inc. (Id. 4 and Ex. 2505. Accordingly, this factor weighs in favor of Defendant. Id. at 970. at 13-18. Plaintiff's argument is unpersuasive. (Entered: 02/19/2009), CLERKS NOTICE Case Management Conference set for 2/18/2009 02:45 PM. 1:23-MC-00086 | 2023-02-15, California Courts Of Appeal | Other | Rather, the salient question for purposes of ascertaining whether a mark is descriptive is whether the mark conveys information regarding the nature of the goods or services. 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? This argument is based on nothing but sheer speculation, which is not evidence. Civ. (Davidson Reply Decl. 0000002907 00000 n Access the Case Summary and Docket Report to access additional information about this case on the US Court's PACER system. at *13. 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. (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)(Related document(s) 36 ) (Davidson, Rachel) (Filed on 11/19/2009) (Entered: 11/19/2009), MOTION for Summary Judgment filed by Sand Hill Advisors LLC. Struck (Defendant); Struck Capital Management, LLC (Defendant); Struck Capital Fund GP LLC (Defendant) et al. 0000001069 00000 n . [1] Plaintiff objects to the declaration of Albert Hill on the ground that he did not sign it under penalty of perjury. No one has written a summary of this case yet. Listed below are the cases that are cited in this Featured Case. 's Mot. See Au-Tomotive Gold, Inc. v. Volkswagen of Am., Inc., 457 F.3d 1062, 1076 (9th Cir.2006). Such services include investment planning, retirement and estate planning and philanthropic strategies. at 249-50, 106 S.Ct. 10. With regard to the need test, the court noted that given the remoteness of the association between "collection" and a shopping center, "a competing shopping *1115 center would not need to use the term `collection' in order to identify its own shopping center." D.) At the time of the most recent name change, Plaintiff was located at 3000 Sand Hill Road in Menlo Park, California, which is part of what is commonly referred to as the "Silicon Valley." xb``f``b sT,PAABmgX$ This change was prompted by the decision of certain members of Plaintiff's management to reacquire equity from Boston Financial.
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