they may be (1) generic; (2) descriptive; (3) suggestive; (4) arbitrary; or (5) fanciful." In Brief: Boston Private to Buy Calif. Advisory Firm However, the mark "Sand Hill Advisors" leaves little to the imagination. L.R. (Id.) 0000005059 00000 n The fact that the Court concluded that the Sleekcraft factors supported Defendant's position does not render Plaintiff's claim groundless or unreasonable. 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. 57. (Id. 88, Filing ), Defendant's business focuses on purchasing, holding, selling, managing and leasing commercial real estate in the San Francisco Bay Area solely for its own investment purposes. 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[.]" 5.) 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. All Rights Reserved. [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. 56(e); Orr v. Bank of Am., 285 F.3d 764, 773 (9th Cir. 2548, 91 L.Ed.2d 265 (1986). (Id. They're working to cleanup and update technology and procedures (the new website looks great), which is a positive, but overdue. 8 RECOMMENDATION OF MAGISTRATE JUDGE AND Factual disputes are genuine if they "properly can be resolved in favor of either party." (Hill Decl. (Miller, Katherine) (Filed on 1/28/2009) Modified on 1/29/2009 (jlm, COURT STAFF). The next factor concerns the proximity or relatedness of the good or services represented by the potentially infringing mark. Access the Case Summary and Docket Report to access additional information about this case on the US Court's PACER system. To update this case yourself, sign into PACER (paid PACER subscription required). In addition to her role as CIO, Brenda serves as the chair of the Sand Hill Investment Committee and is a member of the Executive Committee, a small team charged with setting the firms long-term strategic course. Sleekcraft, 599 F.2d at 353. Motions due by 1/12/2010. (cjl, COURT STAFF) (Filed on 12/16/2008) (Entered: 12/16/2008), ANSWER to Complaint and Affirmative Defenses, Exhibits A - D by Sand Hill Advisors LLC. 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. Mark H. Epstein in Department R Santa Monica Courthouse, DocketNotice of Case Management Conference; Filed by: Clerk. 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. 1997). Sciences Corp., 511 F.3d at 973. Outside of work Brenda is a dedicated mother who loves spending time with her family and exploring all the Bay Area has to offer. Def. 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. 0000002907 00000 n Summary. at 13-18. 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. Thus, the Court concludes that "Sand Hill Advisors" is primarily geographically descriptive. Since around 1995, Plaintiff has provided a variety of financial and advisory services to its "high net-worth" clients to assist them in the investment and management of their assets. Plaintiff's desire to protect such interests is a legitimate one. Ex. Sand Hill Advisors LLC v. Sand Hill Advisors LLC, Filing 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. See Sleekcraft, 599 F.2d at 348-49. *1122 IT IS HEREBY ORDERED THAT Defendant's Motion for Summary Judgment (Docket 36) is GRANTED. Declaration of Albert R. Hill, Jr. in Support of 36 MOTION for Summary Judgment filed bySand Hill Advisors LLC. (mejlc1, COURT STAFF) Modified on 6/2/2010. 42. Evidence that use of a mark or name has already caused actual confusion as to the source of a product or service is "persuasive proof that future confusion is *1121 likely." Sand Hill Global Advisors Review [1] Plaintiff objects to the declaration of Albert Hill on the ground that he did not sign it under penalty of perjury. 32, Filing 26, US District Court for the Northern District of California, 15:1125 Trademark Infringement (Lanham Act). %%EOF 13.) But for the bankers and credit union lenders who participated, PPP remains a high point of their careers. (Williams Depo. Last Updated January 6, 2019 at 8:27 PM EST (4.3 years ago). 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. (mejlc1, COURT STAFF) (Filed on 6/1/2010) Modified on 6/2/2010 (jlm, COURT STAFF).