The amount of protection accorded to a particular mark is a function of its distinctiveness. L.R. (Entered: 01/21/2010), Minute Entry: Settlement Conference held on 1/13/10 before Magistrate Judge James Larson. 58, Filing (Entered: 12/02/2009). Entrepreneur Media, 279 F.3d at 1144. Sand Hill Advisors LLC v. Sand Hill Advisors LLC Japan Telecom, 287 F.3d at 873, 875 (affirming summary judgment for defendant where plaintiff's evidence was insufficient to show secondary meaning). This contention lacks merit. (Entered: 12/11/2009), Memorandum in Opposition re 36 Motion for Summary Judgment filed by Sand Hill Advisors LLC. (Davidson Decl. (Id. Seeing developments that could cause 5% pullback: Sand Hill Global Advisors CIO. 's Mot. Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. (lrc, COURT STAFF) (Filed on 11/20/2009) Modified on 11/23/2009 (jlm, COURT STAFF). "Marks are often classified in categories of generally increasing distinctiveness; . at 13-18. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. Co-founder Jane Williams similarly confirmed the geographical significance of "Sand Hill." at 3. A. degree from University of California , Santa Cruz and a B. 69, Filing Finally, one place to get all the court documents we need. JUDGMENT entered in favor of Defendant Sand Hill Advisors, LLC. In reaching this conclusion, the court found: Sand Hill in the Silicon Valley is primarily geographically descriptive; They're working to cleanup and update technology and procedures (the new website looks great), which is a positive, but overdue. The case did not settle (Date Filed: 1/13/2010). "Exceptional circumstances can be found when the non-prevailing party's case is groundless, unreasonable, vexatious, or pursued in bad faith." Two Pesos, Inc. v. Taco Cabana, Inc., 505 U.S. 763, 768, 112 S.Ct. Since 1999, Defendant has closed between seven to ten commercial real estate transactions. Brenda Vingiello Pl. The most favorable inference that may be drawn from the record regarding the similarities in the parties' services is that both, in a broad sense, have some connection to "real estate." at 13-18. Ex. v. Joseph Rubin et al. Fed.R.Civ.P. No calendar events were found for this docket. at 6. SAND HILL ADVISORS, LLC, a California limited liability company, Dkt. 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. After considering the motion on the papers submitted, the Magistrate issued a thorough, fourteen-page order in which she recommended denying Defendant's motion. (adsbygoogle = window.adsbygoogle || []).push({}); Non-Government Works Copyright 2001-2023 Think Computer Corporation. 0000002831 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. Def. 0000004889 00000 n (Williams Decl. Sand Hill Advisors Inc - Company Profile and News Clamp Mfg. However, the cited deposition excerpts of Gary Conway, one of Plaintiff's founders, do not support Defendant's argument. (Id. 0000004838 00000 n That leaves "descriptive" marks, which are not considered inherently distinctive because *1113 they define a particular characteristic of a product in a way that does not require any exercise of the imagination. If you do not agree with these terms, then do not use our website and/or services. Ex. 0000000940 00000 n 1052(f). REFER TO DOCUMENT 50 . Pretrial Conference set for 2/16/2010 01:00 PM.. Signed by Judge ARMSTRONG on 2/20/09. (lrc, COURT STAFF) (Filed on 5/28/2009) Modified on 5/29/2009 (jlm, COURT STAFF). See, e.g., Williams Decl. 0000000596 00000 n at 51:6-52:14; Williams Decl. This Order terminates all pending matters in the Docket. 636(b)(1). In Support Of Motion To Compel Arbitration: Name Extension changed from OF FRANK D. RORIE JR. See Grupo Gigante SA De CV v. Dallo & Co., Inc., 391 F.3d 1088, 1102 (9th Cir.2004) ("Descriptive or suggestive marks are relatively weak."). (af, COURT STAFF) (Filed on 5/20/2009) (Entered: 05/20/2009), Letter from Mediator, James Gilliland, dated 3/5/2009. In November 2007, Plaintiff converted from a Delaware corporation to a Delaware limited liability company. "Convergent marketing channels increase the likelihood of confusion." (Hill Decl. (Id. "While an intent to confuse consumers is not required for a finding of trademark infringement, intent to deceive is strong evidence of a likelihood of confusion." 's Mot. 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. (adsbygoogle = window.adsbygoogle || []).push({}); Non-Government Works Copyright 2001-2023 Think Computer Corporation. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. Plaintiff provides no analysis or legal authority for its position. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, 2.) (Opp'n at 16-17.) 0000001331 00000 n Vision Sports, Inc. v. Melville Corp., 888 F.2d 609, 615 (9th Cir. 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 Despite Defendant's intimation to the contrary, the Court did not conclude that a mark is weakened by common use of terms comprising the mark only where the marks are identical. On November 19, 2009, Defendant filed the instant Motion for Summary Judgment. "This acquired distinctiveness is generally called `secondary meaning.'" Sand Hill Advisors LLC v. Sand Hill Advisors LLC 10 10; Davidson Decl. 57. Defendant argues that Plaintiff presented no evidence to support its claim of secondary meaning. To reflect this change, Plaintiff then sought to change its name from "Sand Hill Advisors, Inc." to "Sand Hill Advisors, LLC." Bank groups say the focus on capital rules in Federal Reserve Vice Chair for Supervision Michael Barr's report on Silicon Valley Bank are misguided. (McCaffrey Depo. Fed.R.Civ.P. Forschner Group, Inc. v. Arrow Trading Co., Inc., 30 F.3d 348, 355 (2d Cir.1994) (internal quotation marks omitted). (Conway Depo. (Related document(s) 48 ) (Davidson, Rachel) (Filed on 12/23/2009) Modified on 12/28/2009 (jlm, COURT STAFF). 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 Signed by Judge ARMSTRONG on 1/5/09. (Related document(s) 48 ) (Davidson, Rachel) (Filed on 12/28/2009) Modified on 12/30/2009 (jlm, COURT STAFF). "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." All Rights Reserved. 56(e); Orr v. Bank of Am., 285 F.3d 764, 773 (9th Cir. 47 0 obj<>stream 3-5.) A descriptive mark may be subject to protection under the Lanham Act if it has acquired a secondary meaning. 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. (Entered: 12/15/2008), Declination to Proceed Before a U.S. Magistrate Judge by Sand Hill Advisors LLC. 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. The recommendation of the Magistrate is ADOPTED and Defendant's Motion for Attorneys' Fees is DENIED. F, Hill Depo. 2005). The matter has been fully briefed, and is now ripe for determination. 28 U.S.C. But it also presents new risks to manage. The fact that the Court concluded that the Sleekcraft factors supported Defendant's position does not render Plaintiff's claim groundless or unreasonable. 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 greater the similarity between the two marks at issue, the greater the likelihood of confusion. The parties, through counsel, appeared for argument on the motion on January 12, 2010. "Not surprisingly, under this standard, defendants are `rarely' awarded attorney fees in trademark infringement cases." 85. Listed below are those cases in which this Featured Case is cited. Here, Plaintiff asserts that the presumption applies here 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. In that case, plaintiff Instant Media alleged that its trademark "I'M" was infringed by defendant Microsoft's use of the mark "i'm." (Id. "); see also McCaffrey Depo. 13.) 9; McCaffrey Depo. Rather, the relevant inquiry is whether, upon consideration of all terms comprising a composite mark, "the term is being used geographically." 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." 1986). (Davidson, Rachel) (Filed on 12/22/2009) Modified on 12/23/2009 (jlm, COURT STAFF). These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. Ex. The Court of Appeal had rejected Sand Hill's claims against Wells Fargo related to a 2011 lawsuit, which alleged a foreclosure auction of the center was not properly held. 84. Brenda Vingiello is a Chief Investment Officer at Sand Hill Global Advisors based in Palo Alto, California. ), 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. Sand Hill Global Advisors 650-854-9150 Visit Site add_a_photo Overall info 5.0 Year Registered 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. Outside of work Brenda is a dedicated mother who loves spending time with her family and exploring all the Bay Area has to offer. Thane Int'l, Inc. v. Trek Bicycle Corp., 305 F.3d 894, 901 (9th Cir.2002). K.) Where the market is inundated by products using the particular trademarked word, there is a corresponding likelihood that consumers "will not likely be confused by any two in the crowd." Yellow Cab Co. of Sacramento v. Yellow Cab Co. of Elk Grove, Inc., No. at 22.) (Id. 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. (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. The likelihood of consumer confusion decreases where the consumer is sophisticated and exercises a high degree of care. Sciences Corp., 511 F.3d at 973. Boston Private said it would pay 70% of the purchase price in cash and the rest in stock. Defendant filed a reply memorandum, and the matter is now fully briefed. Notwithstanding that finding, the Court disagrees with Defendant that Plaintiff's arguments were "frivolous." 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." 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. 2009) (internal quotation marks and citation omitted) (emphasis added). 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. Messrs. Sandell and Hill filed their Limited Liability Company Articles of Organization with the California Secretary of State on April 27, 1999. 16-20 and Exs. Struck (Defendant); As to: Yida Gao (Plaintiff); Sand Hill Advisors, LLC (Plaintiff); Shima Capitol LLC, a Delaware Limited Liability Company (Cross-Defendant) et al. 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. First Republic Bank was shuttered by regulators early Monday, and all its deposits and most of its assets were acquired by JPMorgan. 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." 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. for Idaho's High Desert, Inc. v. Yost, 92 F.3d 814, 821 (9th Cir.1996). 72-3. Because "Sand Hill Advisors" is descriptive, it is not entitled to protection unless it has acquired secondary meaning. As such, other advisory companies are more likely to refer to "Sand Hill" and "Advisors" in describing or advertising their services. %%EOF Sand Hill Global Advisors Reviews Co., Inc. v. Enco Mfg. 0000001817 00000 n 0 Cancellation and Refund Policy, Privacy Policy, and This argument is based on nothing but sheer speculation, which is not evidence. Eaton, Ingham, Hillsdale counties accused of illegally profiting Ex. (Opp'n at 14.) 26, US District Court for the Northern District of California, 15:1125 Trademark Infringement (Lanham Act). 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? 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. SAND HILL ADVISORS LLC, a Delaware limited liability company: Defendant - Appellee,: SAND HILL ADVISORS LLC, a California limited liability company: Case Number: (Martin, James) (Filed on 12/11/2009) Modified on 12/14/2009 (jlm, COURT STAFF). Accordingly, this factor weighs in favor of Defendant. 0000000860 00000 n Given Plaintiff's concession that the parties' customers are sophisticated and are unlikely to confuse the two companies, the Court finds that this factor weighs in favor of Defendant. 1997). 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. 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. Case Management Conference set for 2/10/2009 04:00 PM. VS ADAM B. (Entered: 02/19/2009), CLERKS NOTICE Case Management Conference set for 2/18/2009 02:45 PM. PLEASE SEE DOCKET # 51 . at 47:2-73:8; Creighton Depo. "); Entrepreneur Media, Inc. v. Smith, 279 F.3d 1135, 1141 (9th Cir.2002) (internal quotation marks and citation omitted). Summons on Complaint; Issued and Filed by: Adam B. Signed by Judge ARMSTRONG on 9/16/10. See Lahoti, 586 F.3d at 1196. Get A.M.business scoops. (E.g., Williams Decl. Yet, there is no evidence to support Plaintiff's assertion that "Sand Hill" evokes an "entrepreneurial" spirit. (Davidson Decl. In view of the dearth of evidence of actual confusion, the Court finds that this factor weighs in favor of Defendant. 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. (Opp'n at 23.) 1117(a). 's Mot. 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). There also is no evidence that anyone has confused Plaintiff with Defendant. Case reassigned to Hon. . None of the remaining evidence to which Plaintiff has interposed objections is necessary to adjudicate the instant motion. (mejlc1, COURT STAFF) (Filed on 4/5/2010). Docket Summons on Complaint; Issued and Filed by: Yida Gao (Plaintiff); Sand Hill Advisors, LLC (Plaintiff); As to: Adam B. Id. (McCaffrey Depo. Stated simply, it is not. In Support Of Motion To Compel Arbitration: Name Extension changed from OF FRANK D. RORIE JR. DocketAnswer; Filed by: Adam B. See McSherry v. City of Long Beach, 584 F.3d 1129, 1138 (9th Cir.2009) ("Summary judgment requires facts, not simply unsupported denials or rank speculation"). Though existing in various incarnations since 1982, in March 1995, Plaintiff changed its name to "Sand Hill Advisors, Inc." At that time, Plaintiff's offices were located at 3000 Sand Hill Road, Menlo Park, California. Jury Trial set for 2/22/2010 08:30 AM. 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. C.) In March 1999, Conway, Williams & Foster, Inc., again changed its name to Sand Hill Advisors, Inc. (Id. (Id.) On November 4, 2008, Plaintiff filed suit against Defendant in this Court, alleging a single claim for service mark infringement under the Lanham Act. Declaration of Albert R. Hill, Jr. in Support of 36 MOTION for Summary Judgment filed bySand Hill Advisors LLC. Sand 15 U.S.C. Founded Date Jan 1, 1982. WebIAPD provides information on Investment Adviser firms regulated by the SEC and/or state securities regulators. 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. In addition, Defendant ignores the evidence proffered by Plaintiff, and cited by the Magistrate, that Plaintiff desired to protect the goodwill that it believed it had established by operating under the Sand Hill Advisors name. Sand Hill Advisors LLC v. Sand Hill Advisors LLC See Applied Info. at 27:13-23.) Two Pesos, 505 U.S. at 769, 112 S.Ct. In Brief: Boston Private to Buy Calif. Advisory Firm Id. 7@t020B bNq E (Martin, James) (Filed on 1/22/2010) Modified on 1/25/2010 (jlm, COURT STAFF). As support, Plaintiff relies on Rodeo Collection Ltd. v. W. Seventh, 812 F.2d 1215 (9th Cir.1987). This factor is not centered on a prospective customer or client's purchase decision, but rather, whether he or she is sufficiently sophisticated to discern the difference between the parties, notwithstanding their use of an identical or confusingly similar mark. 6/17/2015: In re BTC Trading, Corp. and Ethan Burnside See Japan Telecom, Inc. v. Japan Telecom Am. (edllc2, COURT STAFF) (Filed on 2/26/2009) Modified on 2/27/2009 (jlm, COURT STAFF). at 24:1-12 ("at the time we were located on Sand Hill Road. The adviser's REGISTRATION status is listed below. Home | Sand Hill Global Advisors Signed by Judge Maria-Elena James on 4/5/2010. Messrs. Sandell and Hill selected the name "Sand Hill" by combining the first four letters of Mr. Sandell's last name with Mr. Hill's last name. 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. (Williams Decl. at 68:4-6.) WebSAND HILL ADVISORS, LLC, a Delaware limited liability company, Plaintiff, v. SAND HILL ADVISORS, LLC, a California limited liability company, Dkt. A subscription to PACER is required. 9.) (tjs, COURT STAFF) (Filed on 1/29/2009) (Entered: 01/29/2009), NOTICE of need for ADR Phone Conference (ADR L.R. 7-1(b). 2753. Struck (Defendant); Struck Capital Management, LLC (Defendant); Struck Capital Fund GP LLC (Defendant) et al. 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. 's Mot. (Attachments: # 1 Standing Order)(cjl, COURT STAFF) (Filed on 11/4/2008) (Entered: 11/06/2008), Summons Issued as to Sand Hill Advisors LLC. (lrc, COURT STAFF) (Filed on 9/16/2010). ANE Holdings, LLC et al. Id. (jlsec, COURT STAFF) (Filed on 9/17/2009) (Entered: 09/17/2009), AMENDED ANSWER to 1 Complaint bySand Hill Advisors LLC. Plaintiff summarily asserts that "there is no need for other wealth management firms to use `Sand Hill Advisors' in describing or advertising their services." We lived in that area. Lahoti, 586 F.3d at 1197. 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). United States District Court, N.D. California, Oakland Division. ORDER VACATING HEARING re 61 MOTION for Attorney Fees filed by Sand Hill Advisors LLC. In that case, plaintiff Rodeo Collection, Inc., held several registered services marks for the mark "Rodeo Collection," which it used in connection with providing shopping center services. As such, to survive summary judgment, a plaintiff is "required to come forward with enough evidence of secondary meaning to establish a genuine dispute of fact." Gracie v. Gracie, 217 F.3d 1060, 1071 (9th Cir. Even if section 2(f) were applicable, Plaintiff has failed to demonstrate the requisite five years of exclusive and continuous use. (Davidson's Reply Decl. Cir.2009). Modified on 12/23/2009 (feriab, COURT STAFF). xref 56, Filing (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). Signed by the Executive Committee on December 16, 2008. The district court must review de novo "those portions of the report or specified proposed findings or recommendations to which objection is made." WebMike and his team have represented some of the worlds most recognized brands and companies in high-stakes litigation in numerous federal courts across the country including Washington, Oregon, California, Colorado, Minnesota, Illinois, New York, Massachusetts, Utah, and Florida. Sign up or sign in to contribute one. Notice of Settlement Conference and Settlement Conference Order for 1/13/2010 02:00 PM in Courtroom F, 15th Floor, San Francisco. The mere fact that a mark references a geographic location does not ipso facto lead to the conclusion that the mark is descriptive. "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." Modified on 11/23/2009 (jlm, COURT STAFF). 2004). Signed by Mediator, James Gilliland, dated 5/19/2009. 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. "Marks are often classified in categories of generally increasing distinctiveness; they may be (1) generic; (2) descriptive; (3) suggestive; (4) arbitrary; or (5) fanciful." THE KUHN FOUNDATION, A CALIFORNIA CORPORATION, ET AL. Finally, Defendant argues that Plaintiff's likelihood of confusion claim was "frivolous." STRUCK'S MOTION TO COMPEL ARBITRATION, 7/27/2021: Reply - REPLY REPLY MEMORANDUM IN SUPPORT OF ADAM B. STRUCKS MOTION TO COMPEL ARBITRATION, Hearing08/29/2023 at 08:30 AM in Department R at 1725 Main Street, Santa Monica, CA 90401; Status Conference, DocketUpdated -- Denis Shmidt (Attorney): Organization Name changed from Orsus Gate LLP to HARDER STONEROCK LLP, DocketNotice of Change of Firm Name; Filed by: Yida Gao (Plaintiff); Sand Hill Advisors, LLC (Plaintiff); Shima Capitol Management LLC, a Delaware Limited Liability Company (Cross-Defendant); Shima Capitol GP LLC, a Delaware Limited Liability Company (Cross-Defendant); New Firm Name: HARDER STONEROCK LLP, DocketNotice of Change of Address or Other Contact Information; Filed by: Amnon Siegel (Attorney), DocketAddress for Amnon Siegel (Attorney) updated. United States District Court, N.D. California, Oakland Division. 1983) (holding that the fact that plaintiff and defendant's respective products were used in the medical or health care field was insufficient to show that the goods were sufficiently similar to cause a likelihood of confusion). 1348, 89 L.Ed.2d 538 (1986). at 68:25-69:25; 79:1-12.) However, descriptive marks may acquire distinctiveness through use in commerce. Brookfield, 174 F.3d at 1055. VIA TELEPHONE. 8 RECOMMENDATION OF MAGISTRATE JUDGE AND (Opp'n at 22-23.) IN SUPPORT OF MOTION TO COMPEL ARBITRATION to Of Frank D. Rorie JR. (Court Reporter: Diane Skillman.) VS SEAN SABERI, ET AL. 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. at 970. %PDF-1.4 (Hill Depo. 1. (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). (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.
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