32, Filing 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 VS ADAM B. 10 22 61, 64, 84, 85 Defendant. (Entered: 12/02/2009). 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. Quinn v. Robinson, 783 F.2d 776, 791 (9th Cir. 3Wrv]*\nwNN!4N%tN)NNNN9)%-cDE)7(/-3d=:tK~iE)f}!C6C@0d.O rZ aEnQ;! Docketof Court Order Continuing CMC; Filed by: Yida Gao (Plaintiff); As to: Adam B. 39, Filing 57. Defendant argues that Plaintiff lacked a reasonable basis for claiming that SAND HILL ADVISORS was suggestive or had acquired secondary meaning. (Counsel did not present papers as required by Civil L.R. The Court has concluded above that "Sand Hill Advisors" is primarily geographically descriptive, which supports the conclusion that the mark is weak. 1976)). Cal. "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."). The record confirms that Plaintiff proffered evidence regarding it various marketing and promotional efforts using the SAND HILL ADVISORS name. Struck (Defendant); Struck Capital Management, LLC (Defendant); Struck Capital Fund GP LLC (Defendant) et al. Fed.R.Civ.P. Surfvivor Media, Inc. v. Survivor Prods., 406 F.3d 625, 630 (9th Cir. 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? 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. 79, Filing View latest Form ADV filed Part 2 Brochures Part 3 Relationship Summary. 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 SAND HILL ADVISORS, LLC, a California limited liability company, Defendant. As the Court explained in its summary judgment ruling, the amount of protection accorded to a particular mark is a function of its distinctiveness. STRUCK'S MOTION TO COMPEL ARBITRATION, 7/21/2021: Opposition - OPPOSITION TO DEFENDANT AND CROSS-COMPLAINANT ADAM B. Aside from being devoid of evidentiary support, Plaintiff's argument misses the point. ("MSJ Order"), Dkt. 5.) Brenda received a B. RELATED. ORDER by Judge Saundra Brown Armstrong GRANTING 36 Motion for Summary Judgment. (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. Signed by Judge ARMSTRONG on 2/19/09. Ex. Plaintiff attempts to analogize this case to Rodeo Collection, and argues that "Sand Hill Advisors" is suggestive, and not primarily geographically descriptive as claimed by Defendant. "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." Id. (Id.). A district court judge may refer a matter to a magistrate judge to conduct a hearing, including an evidentiary hearing, and to thereafter issue findings of fact and recommendations for the disposition of the matter. (Entered: 12/11/2009), Declaration of Katherine R. Miller in Support of 42 Memorandum in Opposition to Motion for Summary Judgment filed by Sand Hill Advisors LLC. Id. 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. 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." (Entered: 01/05/2009), ORDER REASSIGNING CASE. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. 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 messaging organization is providing a sandbox for developers to enable cross-border transactions for central bank digital currencies, an elusive goal as most central banks focus on domestic use. Plaintiff responds that in order to challenge its showing of a "substantially continuous" use of the "Sand Hill Advisors" mark, Defendant is required to show that it used the mark in advertising or in a manner that describes its services. According to Defendant, Plaintiff supposedly knew that it had no protectable mark because it did not seek to register its mark with the United States Patent and Trademark Office until 2008, even though it had been using the SAND HILL ADVISORS mark since 1995. The Court found that 2(f) was inapplicable because the mark was unregistered. Signed by Judge Saundra Brown Armstrong, on 1/26/10. Equally unpersuasive is Defendant's contention that Plaintiff had no basis upon which to rely on section 2(f) of the Lanham Act, 15 U.S.C. Complaint; Filed by: Yida Gao (Plaintiff); Sand Hill Advisors, LLC (Plaintiff); As to: Adam B. Sleekcraft, 599 F.2d at 352; Playboy Enters., Inc. v. Netscape Commc'ns, 354 F.3d 1020, 1026 (9th Cir.2004) ("actual confusion among significant numbers of consumers provides strong support for the likelihood of confusion[.]"). If the answer is yes, then the geographic term is probably used in a descriptive sense, and secondary meaning is required for protection.").[3]. Public Records Policy. at 68:4-6.) However, the issue was not as simple as Defendant now purports it to be. (wdblc1, COURT STAFF) (Filed on 12/15/2008) Modified on 12/16/2008 (cjl, COURT STAFF). Stephen W. Boney, Inc. v. Boney Servs., Inc., 127 F.3d 821, 827 (9th Cir. (edllc2, COURT STAFF) (Filed on 2/26/2009) Modified on 2/27/2009 (jlm, COURT STAFF). Since 1999, Defendant has closed between seven to ten commercial real estate transactions. 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. First Republic Bank was shuttered by regulators early Monday, and all its deposits and most of its assets were acquired by JPMorgan. (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, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U PART 1, # 22 Exhibit U PART 2, # 23 Exhibit U PART 3, # 24 Exhibit U PART 4)(Related document(s) 42 ) (Martin, James) (Filed on 12/11/2009) Modified on 12/14/2009 (jlm, COURT STAFF). *1112 Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48, 106 S.Ct. 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. Whether a mark has acquired secondary meaning generally presents a question of fact. Filing 92. C.) In March 1999, Conway, Williams & Foster, Inc., again changed its name to Sand Hill Advisors, Inc. (Id. Here, Plaintiff has adduced no evidence to show that its advertising and marketing efforts were effective. Gracie v. Gracie, 217 F.3d 1060, 1071 (9th Cir. (Davidson Decl. See Sleekcraft, 599 F.2d at 348-49. Struck (Defendant); Struck Capital Management, LLC (Defendant); Struck Capital Fund GP LLC (Defendant) et al. And how much will banks have to pay? Click the citation to see the full text of the cited case. (Id.) WebOn February 24th, 2023, Sand Hills Chief Investment Officer, Brenda Vingiello, CFA, joined the CNBC Halftime Report panel to share her view on consumer strength in the current market environment. L.) At present, Plaintiff manages between $800 million to a $1 billion in assets. Plaintiff argues that both parties: (1) operate websites to describe their services; (2) utilize promotional brochures; (3) rely on "word of mouth" referrals; (4) attend networking events; and (5) promote their marks on banners. (cjl, COURT STAFF) (Filed on 11/4/2008) (Entered: 11/06/2008). SAND HILL ADVISORS LLC, a Delaware limited liability company: Defendant - Appellee,: SAND HILL ADVISORS LLC, a California limited liability company: Case Number: (McCaffrey Depo. Signed by Magistrate Judge Elizabeth D. Laporte, on February 26, 2009. 0000005571 00000 n at 8-9. 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. 91, Filing (af, COURT STAFF) (Filed on 2/25/2009) (Entered: 02/25/2009), ORDER RE DISCOVERY PROCEDURES - Signed by Magistrate Judge Elizabeth D. Laporte, on 2/24/09. Signed by Judge Maria-Elena James on 4/22/2010. 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). 2023-02-21, Los Angeles County Superior Courts | Contract | Ex. <<22A12329BFF53A46B00346188163DD72>]>> Brenda Vingiello is a Chief Investment Officer at Sand Hill Global Advisors based in Palo Alto, California. at 1218. endstream endobj 11 0 obj<> endobj 12 0 obj<> endobj 13 0 obj<> endobj 14 0 obj<>/Font<>/ProcSet[/PDF/Text]/ExtGState<>>> endobj 15 0 obj<> endobj 16 0 obj<> endobj 17 0 obj<> endobj 18 0 obj[/ICCBased 27 0 R] endobj 19 0 obj[20 0 R 21 0 R 22 0 R 23 0 R] endobj 20 0 obj<>stream The court has the discretion under Lanham Act to award attorneys' fees to a prevailing party in "exceptional cases." The Court may "accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." Under that standard, the Court is persuaded that "Sand Hill Advisors" means exactly what it says: It describes a geographic location where Plaintiff offers advisory services. See Davidson Decl. Of Vill. 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. Struck (Defendant); Struck Capital Management, LLC (Defendant); Struck Capital Fund GP LLC (Defendant) et al. Seeing developments that could cause 5% pullback: Sand Hill Global Advisors CIO. 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. Here, the services offered by Plaintiff and Defendant are fundamentally distinct. Sciences Corp. v. eBay Inc., 511 F.3d 966, 973 (9th Cir. See Arrow Fastener Co., Inc. v. Stanley Works, 59 F.3d 384, 393 (2d Cir. 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. (Mot. Sciences Corp. v. eBay, Inc., 511 F.3d 966, 969-970 (9th Cir.2007). No one has written a summary of this case yet. (Williams Decl. "); see also McCaffrey 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.'" 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. 1997). Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. at 132:16-24, 134:7-10. Factual disputes are genuine if they "properly can be resolved in favor of either party." (Davidson's Reply Decl. As noted, the "need test" measures the extent to which a mark is necessary for competitors to identify their goods and services. Ex. 1. 's Mot. (McCaffrey Depo. Rather, the relevant inquiry is whether, upon consideration of all terms comprising a composite mark, "the term is being used geographically." 4 and Ex. Co. v. Zenith Radio Corp., 475 U.S. 574, 586-87, 106 S.Ct. Plaintiff argues that "Advisors" requires imagination because it does not describe "wealth management" services in particular. As support, Plaintiff relies on Rodeo Collection Ltd. v. W. Seventh, 812 F.2d 1215 (9th Cir.1987). The likelihood of consumer confusion decreases where the consumer is sophisticated and exercises a high degree of care. NOTICE OF REFERENCE AND ORDER SCHEDULING HEARING: Hearing set for 04/08/2010 at 10:00 AM, re 61 Motion for Attorney Fees. C at 80:1-82:9, Dkt. Signed by Magistrate Judge Maria-Elena James on 6/1/2010. 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. Sand Hill Advisors LLC v. Sand Hill Advisors LLC. (Opp'n at 22.) 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." 61, 64, 84, 85 Defendant. (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 9/20/2010) Modified on 9/21/2010 (kc, COURT STAFF). Sign up or sign in to contribute one. Where, as here, the mark is not registered, a plaintiff must establish that its mark either is inherently distinctive, or has acquired distinctiveness through secondary meaning. Case No: C 08-5016 1052(f), to establish a presumption of secondary meaning. In re Sand Hill Exchange, et al. at 24:11-14.) Id. 0000001160 00000 n 16-20 and Exs. 47 0 obj<>stream Plaintiff's argument is unpersuasive. 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. 42. % Of Trs. Sign up or sign in to contribute one. 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. 62-5; see also R&R at 6-7, Dkt. (Hill Decl. (lrc, COURT STAFF) (Filed on 1/26/2010) Modified on 1/27/2010 (jlm, COURT STAFF). ), 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. MC/ Fed.R.Civ.P. "However, such a broad inference is not sufficient to demonstrate that a genuine issue exists concerning likelihood of confusion as to the source of the products involved in the present suit." 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. 636(b)(1)(B), (C); Fed.R.Civ.P. "Sand Hill" refers to a geographical locale where Plaintiff operates its business. See, e.g., Williams Decl. (Opp'n at 14.) A, McCaffrey Depo. Pl. 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. GoTo. (Martin, James) (Filed on 12/11/2009) Modified on 12/14/2009 (jlm, COURT STAFF). 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. In Support Of Motion To Compel Arbitration: Name Extension changed from OF FRANK D. RORIE JR. Relying on that standard, Plaintiff takes the position that Defendant did not begin using the "Sand Hill Advisors" mark in commerce until 2005, when started using the mark in connection with its website and on banners and flyers. 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. Having so decided, the Court turns to the issue of whether the mark has acquired secondary meaning. Though Plaintiff was unsuccessful in pressing this point, the Court notes that Plaintiff's argument was not frivolous.2. See Fed.R.Civ.P. The similarity of the marks, proximity of the goods or service and marketing channels used constitute "the controlling troika in the Sleekcraft analysis," GoTo.com, Inc. v. Walt Disney Co., 202 F.3d 1199, 1205 (9th Cir.2000), and are considered the most important, see Brookfield Commc'ns, Inc. v. W. Coast Entm't Corp., 174 F.3d 1036, 1055 n. 16 (9th Cir.1999). (Entered: 12/22/2009), Proposed Order re 36 Motion for Summary Judgment by Sand Hill Advisors LLC. Forschner, 30 F.3d at 355 (emphasis added). Executive Compensation has grown increasingly complicated. After considering the motion on the papers submitted, the Magistrate issued a thorough, fourteen-page order in which she recommended denying Defendant's motion. 's Mot. 88, Filing Signed by Judge Saundra Brown Armstrong, on 11/19/09. (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. ), 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. Finally, Defendant argues that Plaintiff's likelihood of confusion claim was "frivolous." Get A.M.business scoops. they may be (1) generic; (2) descriptive; (3) suggestive; (4) arbitrary; or (5) fanciful." Even if section 2(f) were applicable, Plaintiff has failed to demonstrate the requisite five years of exclusive and continuous use. 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." Signed by Judge ARMSTRONG on Mark H. Epstein in Department R Santa Monica Courthouse, Notice of Case Management Conference; Filed by: Clerk. of Court Order Continuing CMC; Filed by: Yida Gao (Plaintiff); As to: Adam B. The central bank's instant payment system could bring enormous benefits to banks and their customers. (Martin, James) (Filed on 1/21/2010) Modified on 1/22/2010 (jlm, COURT STAFF). 0000000913 00000 n The Court, in its discretion, finds this matter suitable for resolution without oral argument. The common use of an advertising medium (i.e., brochures and banners) is not probative of whether they are disseminated to the same audience. None of the remaining evidence to which Plaintiff has interposed objections is necessary to adjudicate the instant motion. STIPULATION AND ORDER: To Allow Defendant to Amend Answer, Signed by Judge Saundra Brown Armstrong, on 5/27/09. 2.) The next factor concerns the proximity or relatedness of the good or services represented by the potentially infringing mark. for Attorneys' Fees ("R&R"), Dkt. In general, the same analytical framework applies to infringement claims, irrespective of whether the marks or names are registered with the PTO. Intern. (Id. "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." Since it began using the "Sand Hill Advisors LLC" mark in 1999, Defendant has received only five or six telephone calls and received a package intended for Plaintiff. Yellow Cab Co. of Sacramento v. Yellow Cab of Elk Grove, Inc., 419 F.3d 925, 930 (9th Cir.2005). L.) In contrast, Defendant merely purchases, owns, sells, manages and leases commercial properties for its own account. Thus, despite the fact that the marks at issue are identical, the Court finds that the undisputed fact that the parties operate in different markets involving distinct consumers and are not competitors renders this factor, at best, neutral. 's Mot. 1348, 89 L.Ed.2d 538 (1986). Cir.2009). 's Mot. Case reassigned to Hon. 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. 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. 2008). Declaration of Albert R. Hill, Jr. in Support of 36 MOTION for Summary Judgment filed bySand Hill Advisors LLC. 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, 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. But there's still some wrinkles that need to be ironed out so it can work with its cousin from The Clearing House. Id. 10. 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. 0000002307 00000 n Case Referred to Magistrate Judge for MANDATORY SETTLEMENT CONFERENCE to be held between 01/13/10 ant 01/22/10; Case Referred to Mediation. "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." Defendant next argues that Plaintiff lacked any objective basis upon which to claim that SAND HILL ADVISORS is a suggestive mark entitled to protection under the Lanham Act. Filed by Sand Hill Advisors LLC. All but one of the Sleekcraft factors strongly favor Defendant, and none favor Plaintiff. (Davidson, Rachel) (Filed on 12/22/2009) Modified on 12/23/2009 (jlm, COURT STAFF). *** EXHIBITS re 48 Declaration Rachel R. Davidson in Support, CORRECTION OF DOCKET #[48-3] filed by Sand Hill Advisors LLC. See 2 J. Thomas McCarthy, McCarthy on Trademarks and Unfair Competition, 14:7 (4th ed. 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. 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. However, evidence of secondary meaning must be established as of the time that the alleged infringer began using the mark in dispute. (Entered: 02/26/2009), ADR Clerks Notice Appointing James Gilliland as Mediator. Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. Having reviewed the motion papers submitted and reviewed the file in this matter, the Court ADOPTS the recommendation of the Magistrate and DENIES Defendant's motion for attorneys' fees. Notice of Case Assignment - Unlimited Civil Case; Filed by: Clerk. at 1219. A subscription to PACER is required. Access this case on the California Northern District Court's Electronic Court Filings (ECF) System. (mejlc1, COURT STAFF) (Filed on 4/5/2010). 4.) v. 2021-11-08. 's Opp'n to Def. Service marks and trademarks are governed by identical standards." Chance v. Pac-Tel Teletrac Inc., 242 F.3d 1151, 1156 (9th Cir.2001). 1052(f) (emphasis added). The moving party bears the initial burden of demonstrating the basis for the motion and identifying the portions of the pleadings, depositions, answers to interrogatories, affidavits, and admissions on file that establish the absence of a triable issue of material fact. . WebThe Michigan Supreme Court is providing the information on this website as a public service. And so that was our address, but we felt it was an address that we wanted to trumpet. 0000001296 00000 n xb```f``Zuxb 1}rx@Rl3g3%WvU3_eXM?dKn ti edPF ) X& b`l y6%I*'.&h,(a`H31Hu@ 2d REPORT AND RECOMMENDATIONS re 61 MOTION for Attorney Fees filed by Sand Hill Advisors LLC Objections to R&R due by 6/15/2010. See Report and Recommendation Re: Def. 33 0 obj <> endobj Sand Hill Advisors LLC v. Sand Hill Advisors LLC. 5 and Ex. (Opp'n at 22.) q 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. 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." 636(b)(1); see Fed.R.Civ.P 72(b). DocketSummons on Complaint; Issued and Filed by: Yida Gao (Plaintiff); Sand Hill Advisors, LLC (Plaintiff); As to: Adam B. (Entered: 12/15/2008), CLERK'S NOTICE of Impending Reassignment to U.S. District Judge. (Entered: 02/24/2009), ORDER REFERRING CASE to Magistrate Judge for ALL Discovery purposes. Id. As for the issue of whether Plaintiff could establish the requisite five years of continuous and exclusive use, the Court finds that Defendant raised a colorable argument in support of such a claim. 28 U.S.C. (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. (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 PART 1, # 9 Exhibit H PART 2, # 10 Exhibit H PART 3, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16 Exhibit N, # 17 Exhibit O, # 18 Exhibit P, # 19 Exhibit Q, # 20 Exhibit R, # 21 Exhibit S, # 22 Exhibit T, # 23 Exhibit U, # 24 Exhibit V)(Related document(s) 42 ) (Martin, James) (Filed on 12/11/2009) Modified on 12/14/2009 (jlm, COURT STAFF).
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