sand hill advisors lawsuit

See Order of Reference, Dkt. Two Pesos, 505 U.S. at 769, 112 S.Ct. *1112 Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48, 106 S.Ct. 0000002583 00000 n Though ultimately concluding that such evidence was insufficient to establish a issue of fact regarding secondary meaning, the Court did not find that Plaintiff's position was groundless or baseless. The central bank's instant payment system could bring enormous benefits to banks and their customers. To request information suppression, updates, or additions, contact us about this docket. As to the imagination test, the court explained that "[a] person would not be likely to picture a shopping center upon first hearing the name `Rodeo Collection'" and that "some imagination" was necessary to associate the word "collection" with the collection of shops and restaurants that make up the shopping centers. Fed.R.Civ.P 72(b)(1); see Holder v. Holder, 392 F.3d 1009, 1022 (9th Cir. No one has written a summary of this case yet. 2005). (Attachments: # 1 Proposed Order Granting Defendant's Motion for Summary Judgment)(Davidson, Rachel) (Filed on 11/19/2009) (Entered: 11/19/2009), Ex Parte Application to Move the Hearing Date for Defendant's Motion for Summary Judgment filed by Sand Hill Advisors LLC. At Sand Hill, we have long-standing experience with RSUs, deferred compensation, and specialized tax 2.) (Entered: 05/28/2009), STIPULATION to Amend Defendant Sand Hill Advisors LLC's Answer and Affirmative Defenses, filed by Sand Hill Advisors LLC., Sand Hill Advisors LLC. Signed by Judge ARMSTRONG on 9/16/10. On November 4, 2008, Plaintiff filed suit against Defendant in this Court, alleging a single claim for service mark infringement under the Lanham Act. (Davidson's Reply Decl. 3-5.) If you do not agree with these terms, then do not use our website and/or services. Cons Only location is in downtown Palo Alto, not in the hub of the city or on the legendary Sand Hill Road. Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. No. 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."). 2505 (internal citations omitted). 1989). 1976)). The deal is expected to close in July or August, said Walter M. Pressey, Boston Private Financial's chief financial officer. The fact that the Court concluded that the Sleekcraft factors supported Defendant's position does not render Plaintiff's claim groundless or unreasonable. Case No: C 08-5016 "The `true test of secondary meaning' is the effectiveness of the advertising effort." Quinn v. Robinson, 783 F.2d 776, 791 (9th Cir. 13.) 1117(a). Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. (Hill Depo. (Entered: 01/21/2010), Minute Entry: Settlement Conference held on 1/13/10 before Magistrate Judge James Larson. VS ADAM B. In particular, she concluded that Plaintiff had presented plausible grounds for its lawsuit and otherwise rejected Defendant's contention that this was an "exceptional" case warranting a fee award under the Lanham Act, 15 U.S.C. (Attachments: # 1 Proposed Order Granting Stipulation to Amend Answer and Affirmative Defenses)(Davidson, Rachel) (Filed on 5/21/2009) Modified on 5/22/2009 (jlm, COURT STAFF). (McCaffrey Depo. 0000000913 00000 n Summons on Complaint; Issued and Filed by: Yida Gao (Plaintiff); Sand Hill Advisors, LLC (Plaintiff); As to: Adam B. at 89:9-12.) STIPULATION AND ORDER: To Allow Defendant to Amend Answer, Signed by Judge Saundra Brown Armstrong, on 5/27/09. at 22.) The Court, in its discretion, finds this matter suitable for resolution without oral argument. No one has written a summary of this case yet. NOTICE of Substitution of Counsel, filed by Sand Hill Advisors, LLC. 62-3. Banks react to Fed report. Listed below are the cases that are cited in this Featured Case. at 1219. ORDER: That any oppositions shall be filed no later than 07/09/10; any reply shall be filed by 07/16/10. And so that was our address, but we felt it was an address that we wanted to trumpet. The record shows that over the course of the last ten years since Defendant began using the "Sand Hill Advisors" name, it has received only five or six telephone calls and one package intended for Plaintiff. The Fiduciary Network-affiliated firm revealed on Wednesday that it had accessed the funds through the Paycheck Protection Program (PPP). The `need test' focuses on the extent to which a mark is actually needed by competitors to identify their goods or services." A. degree from University of California , Santa Cruz and a B. Related services are generally more likely than unrelated services to confuse the public as to the provider of the services. IN SUPPORT OF MOTION TO COMPEL ARBITRATION to Of Frank D. Rorie JR. 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. 2548, 91 L.Ed.2d 265 (1986). All Rights Reserved. Signed by Mediator, James Gilliland, dated 5/19/2009. STRUCK IN SUPPORT OF MOTION TO COMPEL ARBITRATION, 7/8/2021: Memorandum of Points & Authorities, 7/21/2021: Declaration - DECLARATION OF DENIS SHMIDT IN SUPPORT OF PLAINTIFFS AND CROSS-DEFENDANTS' OPPOSITION TO DEFENDANT AND CROSS-COMPLAINANT ADAM B. at 24:9-14.) Id. at 80:15, 81:21-22. SAND HILL ADVISORS, LLC, a California limited liability company, Defendant. (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. Finally, one place to get all the court documents we need. Finally, Defendant argues that Plaintiff's likelihood of confusion claim was "frivolous." Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. Magistrate Judge Wayne D. Brazil no longer assigned to the case. Plaintiff argues that this factor is germane only where the marks are different, and inapposite in cases such as the present where the marks are identical. Two Pesos, 505 U.S. at 769, 112 S.Ct. 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[.]"). 4 and Ex. Plaintiff is a so-called "wealth management" firm that caters to high net worth individuals. "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." Thus, despite Defendant's protestations the contrary, Mr. Conway's deposition testimony does not show that Plaintiff "knew" that it lacked a protectable mark. 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. 3Wrv]*\nwNN!4N%tN)NNNN9)%-cDE)7(/-3d=:tK~iE)f}!C6C@0d.O rZ aEnQ;! 's Mot. 0000001856 00000 n (wdblc1, COURT STAFF) (Filed on 12/15/2008) Modified on 12/16/2008 (cjl, COURT STAFF). 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. 42. The Articles of Registration identify Defendant's "[t]ype of business" as follows: "To engage in any lawful business for which limited liability companies may be organized in California including real estate activities, finance and advisory services." Plaintiff does not address, let alone dispute, Defendant's contention that neither party has evinced any intention to expand its business into the other's market. See Lahoti v. VeriCheck, Inc., 586 F.3d 1190, 1197 (9th Cir. 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." 56(e); Celotex, 477 U.S. at 324, 106 S.Ct. 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. 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 startxref WebGet free access to the complete judgment in SAND HILL ADVISORS LLC v. SAND HILL ADVISORS LLC on CaseMine. (Miller, Katherine) (Filed on 1/28/2009) Modified on 1/29/2009 (jlm, COURT STAFF). 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 C at 80:1-82:9, Dkt. Motion Hearing set for 2/23/2010 01:00 PM in Courtroom 3, 3rd Floor, Oakland. Although Plaintiff and Defendant share the same mark, they offer completely distinct services to distinct consumers in separate markets. Def. 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. (cjl, COURT STAFF) (Filed on 11/6/2008) (Entered: 11/06/2008), ADR SCHEDULING ORDER: Case Management Statement due by 2/3/2009. 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. At the conclusion of the hearing, the Court took the matter under submission. Def. WebREPORT AND RECOMMENDATIONS re 61 MOTION for Attorney Fees filed by Sand Hill Advisors LLC Objections to R&R due by 6/15/2010. MC/ See, e.g., Williams Decl. "The two tests are related because `[t]he more imagination that is required to associate a mark with a product [or service,] the less likely the words used will be needed by competitors to describe their products [or services].'" Anderson, 477 U.S. at 248, 106 S.Ct. 0000000596 00000 n (lrc, COURT STAFF) (Filed on 9/20/2010). *1109 Rachel R. Davidson of K & L Gates, LLP for Defendant, Sand Hill Advisors. ***Civil Case Terminated. 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. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. 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. Modified on 11/23/2009 (jlm, COURT STAFF). (Opp'n at 17.) 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. But for the bankers and credit union lenders who participated, PPP remains a high point of their careers. Click the citation to see the full text of the cited case. (Davidson Reply Decl. 0000004984 00000 n startxref 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. WebSAND HILL ADVISORS, LLC, a Delaware limited liability company, Plaintiff, v. SAND HILL ADVISORS, LLC, a California limited liability company, Dkt. at 769, 112 S.Ct. Not true. In fact, Plaintiff readily acknowledges that Defendant places its banners on buildings while Plaintiff uses them at sponsored events. 3-5 b) of discussion of ADR options, filed by Sand Hill Advisors LLC (Miller, Katherine) (Filed on 1/28/2009) Modified on 1/29/2009 (jlm, COURT STAFF). Executive Compensation has grown increasingly complicated. However, the mark "Sand Hill Advisors" leaves little to the imagination. If the answer is yes, then the geographic term is probably used in a descriptive sense, and secondary meaning is required for protection.").[3]. (Conway Depo. Sand Hill, which caters primarily to high-net-worth individuals in Northern California, has $900 million of assets under management.

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