sand hill advisors lawsuit

(Williams Decl. 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. (Miller, Katherine) (Filed on 2/19/2009) Modified on 2/20/2009 (jlm, COURT STAFF). 15 U.S.C. 33 0 obj <> endobj J. at 16-17, Dkt. THE KUHN FOUNDATION, A CALIFORNIA CORPORATION, ET AL. 0000000016 00000 n Signed by Mediator, James Gilliland, dated 5/19/2009. Continue reading Be the first to find this review helpful 0000001817 00000 n Brookfield, 174 F.3d at 1055. 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. (lmh, COURT STAFF) (Filed on 2/24/2009) Modified on 2/25/2009 (jlm, COURT STAFF). 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." ANE Holdings, LLC et al. Plaintiff, Sand Hill Advisors LLC, a Delaware limited liability company, filed the instant service mark infringement action under the Lanham Act seeking to prevent Defendant, Sand Hill Advisors LLC, a California limited liability company, from continuing to use the mark "Sand Hill Advisors." 0000001201 00000 n Rather, the relevant inquiry is whether, upon consideration of all terms comprising a composite mark, "the term is being used geographically." There's always a lot to do, and even more to learn. 's Mot. Not true. An applicant nevertheless may seek to register a descriptive mark pursuant to section 2(f), which creates a presumption of distinctiveness (or "acquired distinctiveness"), where the applicant can establish at least five years of substantially exclusive and continuous use. Thus, despite Defendant's protestations the contrary, Mr. Conway's deposition testimony does not show that Plaintiff "knew" that it lacked a protectable mark. Summons on Complaint; Issued and Filed by: Adam B. 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. On January 12, 2010, the parties appeared through counsel for oral argument on the motion. ), 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. Thus, in a federal infringement action, the holder of the registered mark may rely on section 2(f) to show acquired distinctiveness (i.e., secondary meaning) as of the date of registration. (Id.) 16-20 and Exs. 5.) (Davidson Decl. To reflect this change, Plaintiff then sought to change its name from "Sand Hill Advisors, Inc." to "Sand Hill Advisors, LLC." See Fed.R.Civ.P. (Opp'n at 25.) at 27:13-23.) VS ADAM B. Ex. Lahoti v. VeriCheck, Inc., 586 F.3d 1190, 1196 (9th Cir.2009). "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." 13. 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. (Entered: 02/19/2009), CASE MANAGEMENT SCHEDULING ORDER: Discovery due by 9/30/2009. 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. 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, These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. (Conway Depo. "s1&8,2R8{(.ib,8"oa#r8X|/(~?|2L 0.eGPhk~oG?f(EIz>k @)e\+p\R8rsC/b9,,yNJilRhmZ5eirfiBb%_{@GFq6$t^S9:W-'Y). Def. DocketAnswer; Filed by: Adam B. ORDER: That any oppositions shall be filed no later than 07/09/10; any reply shall be filed by 07/16/10. 10 0 obj <> endobj Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. WebSand Hill: a California Financial Planning and Wealth Management Firm, 245 Lytton Avenue, Palo Alto, CA, 94301, United States (650) 854-9150 amy@select-advisors.com Defendant contends that Plaintiff cannot meet either element of the test for service mark infringement, as a matter of law. Given that Plaintiff and Defendant used the same mark in the same general geographical area, Plaintiff's position that the parties' simultaneous use of the SAND HILL ADVISORS mark was likely to cause confusion was certainly arguable. Here, Plaintiff has adduced no evidence to show that its advertising and marketing efforts were effective. Struck (Defendant); Struck Capital Management, LLC (Defendant); Struck Capital Fund GP LLC (Defendant) et al. WebSand Hill Advisors LLC. 2753, 120 L.Ed.2d 615 (1992). The Court concludes that Plaintiff's mark is weak and that this factor weighs in favor of Defendant. MC/ 0000001160 00000 n Pl. Outside of work Brenda is a dedicated mother who loves spending time with her family and exploring all the Bay Area has to offer. 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. at 24:11-14.) 58, Filing 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. (lrc, COURT STAFF) (Filed on 6/24/2010) Modified on 6/25/2010 (jlm, COURT STAFF). 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. 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. 1117(a). 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. 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. Signed by Judge Maria-Elena James on 4/22/2010. (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). 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. (edllc2, COURT STAFF) (Filed on 2/26/2009) Modified on 2/27/2009 (jlm, COURT STAFF). Modified on 12/23/2009 (feriab, COURT STAFF). 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." 15 U.S.C. (lrc, COURT STAFF) (Filed on 9/20/2010) Modified on 9/21/2010 (kc, COURT STAFF). Id. 88, Filing Clamp Mfg. 1989). HWn:SjA-**KiH:u@rR5gEIVzv/6"?3ofJy'}J"Hz?pO2>NOklkI-'[cB9P0o '/{'{np"&}x\A0y68l\z?|. L.) Although it is not engaged in the purchase or sale of real estate on behalf of its clients, Plaintiff does provide advice and counseling on investments in real property and Real Estate Investment Trusts, real estate financing alternatives, management alternatives, asset allocation and trends in the real estate market. endstream endobj 21 0 obj<>stream 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. "Convergent marketing channels increase the likelihood of confusion." B, Williams Depo. (lrc, COURT STAFF) (Filed on 5/28/2009) Modified on 5/29/2009 (jlm, COURT STAFF). 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. Id. "); Williams Depo. Within fourteen days of service of the proposed findings and recommendations, "any party may serve and file written objections to such proposed findings and recommendations as provided by rules of court." The matter has been fully briefed, and is now ripe for determination. (Hill Decl. Stephen W. Boney, Inc. v. Boney Servs., Inc., 127 F.3d 821, 827 (9th Cir. Miller v. Glenn Miller Prods., *1116 Inc., 454 F.3d 975, 991 (9th Cir.2006). As a result, Plaintiff changed its state of incorporation from California to Delaware. 's Mot. Stated simply, it is not. (Martin, James) (Filed on 1/22/2010) Modified on 1/25/2010 (jlm, COURT STAFF). 2009) (internal quotation marks and citation omitted) (emphasis added). (mejlc1, COURT STAFF) (Filed on 6/1/2010) Modified on 6/2/2010 (jlm, COURT STAFF). 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. And the best part of all, documents in their CrowdSourced Library are FREE! C-07-02258 RMW, 2008 WL 4542803 at *2 (N.D. Cal. 's Opp'n to Def. Messrs. Sandell and Hill filed their Limited Liability Company Articles of Organization with the California Secretary of State on April 27, 1999. Defendant filed a reply memorandum, and the matter is now fully briefed. (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. Jury Trial set for 2/22/2010 08:30 AM. 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. Plaintiff nonetheless insists that "Sand Hill," when combined with "Advisors," is suggestive, as opposed to descriptive. Plaintiff first argues that it is entitled to a presumption of secondary meaning under section 2(f) of the Lanham Act, 15 U.S.C. Plaintiff has filed an opposition to the motion, accompanied by objections to certain of the evidence offered by Defendant in support of its motion. Even if section 2(f) were applicable, Plaintiff has failed to demonstrate the requisite five years of exclusive and continuous use. (lrc, COURT STAFF) (Filed on 2/17/2010) Modified on 2/18/2010 (jlm, COURT STAFF). While both parties operate websites, Plaintiff has admitted that no one viewing Defendant's website would confuse it with Plaintiff's site. 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 62-3. at 769, 112 S.Ct. 0000001856 00000 n 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." However, the likelihood of confusion is obviated where, as here, the services are unrelated and the parties operate in distinct markets with no overlap in customers. The Court conducted an hour-long hearing on the motion on January 12, 2010. 39, Filing "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].'" 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." Please take note that plaintiff's counsel initiates the call to all parties. "An expert survey of purchasers can provide the most persuasive evidence of secondary meaning." (McCaffrey Depo. 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. (Hill Decl. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. Ex. 2023-02-21, Los Angeles County Superior Courts | Contract | Sleekcraft, 599 F.2d at 354. Pursuant to Local Rule 3-16 (Miller, Katherine) (Filed on 2/2/2009) (Entered: 02/02/2009), Certificate of Interested Entities by Sand Hill Advisors LLC Pursuant to Local Rule 3-16 (Davidson, Rachel) (Filed on 1/30/2009) (Entered: 01/30/2009), ***ERRONEOUS ENTRY, PLEASE REFER TO DOCUMENT 19 *** Certificate of Interested Entities by Sand Hill Advisors LLC Pursuant to Local Rule 3-16 (Miller, Katherine) (Filed on 1/30/2009) Modified on 2/3/2009 (jlm, COURT STAFF). Astra Pharm. (Miller, Katherine) (Filed on 1/28/2009) Modified on 1/29/2009 (jlm, COURT STAFF). Listed below are the cases that are cited in this Featured Case. But, advertising, standing alone, does not establish secondary meaning. Banks react to Fed report. (Martin, James) (Filed on 12/11/2009) Modified on 12/14/2009 (jlm, COURT STAFF). 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. In Support Of Motion To Compel Arbitration; As To Parties: removed. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. 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 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. Co-founder Jane Williams similarly confirmed the geographical significance of "Sand Hill." Entrepreneur Media, Inc. v. Smith, 279 F.3d 1135, 1144 (9th Cir.2002). 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. To request information suppression, updates, or additions, contact us about this docket. (Entered: 01/29/2009), ADR Clerks Notice Setting ADR Phone Conference on 2/10/09 at 11:00 a.m. Plaintiff admittedly has no direct evidence of Defendant's intent to deceive, but instead claims that such intent can be inferred on the ground that Mr. Hill denied knowing about Plaintiff's existence at the time he registered Defendant as a limited liability company in 1999. (mejlc1, COURT STAFF) (Filed on 4/5/2010). But there's still some wrinkles that need to be ironed out so it can work with its cousin from The Clearing House. The record unequivocally establishes that Plaintiff and Defendant's respective businesses share little, if anything, in common. Plaintiff summarily asserts that "there is no need for other wealth management firms to use `Sand Hill Advisors' in describing or advertising their services." At Sand Hill, we have long-standing experience with RSUs, deferred compensation, and specialized tax (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). Surfvivor Media, Inc. v. Survivor Prods., 406 F.3d 625, 630 (9th Cir. 's Mot. Alliance for Open Soc. 2021-11-08. (McCaffrey Depo. (Opp'n at 17.) 83, Filing *1122 IT IS HEREBY ORDERED THAT Defendant's Motion for Summary Judgment (Docket 36) is GRANTED. Headquarters Regions San Francisco Bay Area, Silicon Valley, West Coast. 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. 32, Filing Plaintiff is a so-called "wealth management" firm that caters to high net worth individuals. Defendant argues that Plaintiff presented no evidence to support its claim of secondary meaning. at 68:25-69:25; 79:1-12.) (emphasis added). at 970. 6/17/2015: In re BTC Trading, Corp. and Ethan Burnside Id. After considering the motion on the papers submitted, the Magistrate issued a thorough, fourteen-page order in which she recommended denying Defendant's motion. Typically, Defendant purchases commercial property, which it then assigns to another limited liability company or entity owned by Messrs. Sandell and Hill. 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. 0000002447 00000 n These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. 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. The Fiduciary Network-affiliated firm revealed on Wednesday that it had accessed the funds through the Paycheck Protection Program (PPP). 15-20, Dkt. (Court Reporter: Not Reported) (jlsec, COURT STAFF) (Date Filed: 1/13/2010) Modified on 1/15/2010 (jlm, COURT STAFF). 0000001003 00000 n (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. STIPULATION AND ORDER: To Allow Defendant to Amend Answer, Signed by Judge Saundra Brown Armstrong, on 5/27/09. (Williams Decl. IN SUPPORT OF MOTION TO COMPEL ARBITRATION to Of Frank D. Rorie JR. 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. 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. All but one of the Sleekcraft factors strongly favor Defendant, and none favor Plaintiff. at 207:11-19.) DocketSummons on Complaint; Issued and Filed by: Yida Gao (Plaintiff); Sand Hill Advisors, LLC (Plaintiff); As to: Adam B. (af, COURT STAFF) (Filed on 5/20/2009) (Entered: 05/20/2009), Letter from Mediator, James Gilliland, dated 3/5/2009. Feb 28, 2023 CNBC Halftime Report: Rising Interest Rates on Valuation Multiples | February 10, 2023 Sand Hill Advisors LLC v. Sand Hill Advisors LLC, Filing 4 and Ex. 1. (E.g., Williams Decl. However, neither of cases cited by Plaintiff supports that proposition. Forschner Group, Inc. v. Arrow Trading Co., Inc., 30 F.3d 348, 355 (2d Cir.1994) (internal quotation marks omitted). Ex. 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. 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. 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. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. 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 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. San Francisco-based First Republic was undone by low-rate mortgages it made to its wealthy customers as well as by the fallout from last month's banking crisis. If you do not agree with these terms, then do not use our website and/or services. All Rights Reserved. Modified on 11/23/2009 (jlm, COURT STAFF). (mejlc1, COURT STAFF) (Filed on 3/1/2010) Modified on 3/2/2010 (jlm, COURT STAFF). (McCaffrey Depo. Legal Name Sand Hill Global Advisors, LLC. Applied Info. Sand Hill Advisors LLC v. Sand Hill Advisors LLC Filing 92 AMENDED ORDER re 91 Order, Terminate Motions,,,,,. There also is no evidence that anyone has confused Plaintiff with Defendant. "Advisors" aptly describes the nature of Plaintiff's business; to wit, it advises clients on maintaining and building their wealth. 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[.]"). No calendar events were found for this docket. 04:53. %PDF-1.4 0000002351 00000 n 0000004984 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 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. 2.) Case No: C 08-5016 (Davidson Decl. Her commentary begins at the 3:51 mark. We lived in that area. Others say he should have named names. 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[.]" 0000002341 00000 n To establish service mark infringement under the Lanham Act, the plaintiff must show that (1) it has a valid, protectable mark, and (2) defendant's use of the mark is likely to cause confusion. WebVenture Capital. Although Plaintiff and Defendant share the same mark, they offer completely distinct services to distinct consumers in separate markets. Id. 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. 84. Sand Hill Advisors LLC v. Sand Hill Advisors LLC. 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. (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). 2753. C.). (Court Reporter: Not Reported) (lrc, COURT STAFF) (Date Filed: 2/18/2009) Modified on 2/20/2009 (jlm, COURT STAFF). Thane Int'l, Inc. v. Trek Bicycle Corp., 305 F.3d 894, 901 (9th Cir.2002). Defendant does not provide any services to the public and has never provided any financial, investment or any other advice to any third party. The amount of protection accorded to a particular mark is a function of its distinctiveness. 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. 0000005085 00000 n xref Signed by Judge Saundra Brown Armstrong, on 1/22/10. However, descriptive marks may acquire distinctiveness through use in commerce. But for the bankers and credit union lenders who participated, PPP remains a high point of their careers. (Entered: 01/22/2010), STIPULATION and Proposed Order re Pretrial Schedule, by Sand Hill Advisors LLC. Filed by Sand Hill Advisors LLC. Signed by Judge ARMSTRONG on 2/20/09. F, Hill Depo. Classic Media, Inc. v. Mewborn, 532 F.3d 978, 990 (9th Cir. 1052(f) (emphasis added). Pretrial Conference set for 2/16/2010 01:00 PM.. Notably, section 2(f) was neither addressed nor at issue in either case. (Entered: 12/02/2009). Id. 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. Ex. 2505 (internal citations omitted). 0000010111 00000 n Struck (Defendant); Struck Capital [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. 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. (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. 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." (cjl, COURT STAFF) (Filed on 11/4/2008) (Entered: 11/06/2008), COMPLAINT against Sand Hill Advisors LLC (Filing fee $350, receipt number 34611025084). at 7-10.)

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