sand hill advisors lawsuit

(Opp'n at 14.) Def. endstream endobj 34 0 obj<> endobj 35 0 obj<> endobj 36 0 obj<>/Font<>/ProcSet[/PDF/Text]/ExtGState<>>> endobj 37 0 obj<> endobj 38 0 obj<> endobj 39 0 obj[/ICCBased 46 0 R] endobj 40 0 obj<> endobj 41 0 obj<> endobj 42 0 obj<> endobj 43 0 obj<>stream (Williams Decl. Whether a mark has acquired secondary meaning generally presents a question of fact. Defendant argues that "Sand Hill Advisors" is a "primarily geographical descriptive" mark lacking any secondary meaning, and hence, is not subject to protection. (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. IN SUPPORT OF MOTION TO COMPEL ARBITRATION to Of Frank D. Rorie JR. 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. Id. Plaintiff argues that its provision of real estate investment advice overlaps with Defendant's business. Alternatively, the Court concluded that even if 2(f) were germane, Plaintiff had failed to demonstrate the requisite five years of exclusive and continuous use. at 8-9. (Opp'n at 16-17.) Summons on Complaint; Issued and Filed by: Adam B. 7@t020B bNq E 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. Sciences Corp., 511 F.3d at 973. Sand Hill, which caters primarily to high-net-worth individuals in Northern California, has $900 million of assets under management. 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. Miller v. Glenn Miller Prods., *1116 Inc., 454 F.3d 975, 991 (9th Cir.2006). (lrc, COURT STAFF) (Filed on 5/28/2009) Modified on 5/29/2009 (jlm, COURT STAFF). 3Wrv]*\nwNN!4N%tN)NNNN9)%-cDE)7(/-3d=:tK~iE)f}!C6C@0d.O rZ aEnQ;! (Opp'n at 19.) 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). AMENDED ORDER re 91 Order. 1979). 0000002351 00000 n Quinn v. Robinson, 783 F.2d 776, 791 (9th Cir. "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."). Def. Plaintiff argues that "Advisors" requires imagination because it does not describe "wealth management" services in particular. xref 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. DocketNotice of Case Assignment - Unlimited Civil Case; Filed by: Clerk, U.S. District Courts | Other | Struck (Defendant); Struck Capital Management, LLC (Defendant); Struck Capital Fund GP LLC (Defendant) et al. Civil Case Cover Sheet; Filed by: Yida Gao (Plaintiff); Sand Hill Advisors, LLC (Plaintiff); As to: Adam B. (McCaffrey Depo. Operating Status Active. Boston Private said it would pay 70% of the purchase price in cash and the rest in stock. In the instant case, the "Sand Hill Mark" was never registered by Plaintiff, and as such, no presumption of secondary use could have arisen, even if Plaintiff now could show retrospectively that it meets the requirements of section 2(f). 2753. In addition, the record does not support Defendant's assertion that the only reason Plaintiff filed suit was to "force it to surrender its business registration" in California. 0000001201 00000 n at 111:25-112:11 149:3-151:7.) DocketSummons on Complaint; Issued and Filed by: Yida Gao (Plaintiff); Sand Hill Advisors, LLC (Plaintiff); As to: Adam B. The Court conducted an hour-long hearing on the motion on January 12, 2010. 0000001069 00000 n 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. (Entered: 02/26/2009), ADR Clerks Notice Appointing James Gilliland as Mediator. 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. In certain cases, "[e]vidence of use and advertising over a substantial period of time is enough to establish secondary meaning." at 23:3-15; Williams Decl. 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. As such, Defendant is hard pressed to criticize Plaintiff for making an erroneous argument when Plaintiff itself failed to recognize that error in its papers. Founded Date Jan 1, 1982. Others say he should have named names. Feb 28, 2023 CNBC Halftime Report: Rising Interest Rates on Valuation Multiples | February 10, 2023 1117(a). Sand Hill Global Advisors manages $3.6 billion and provides investment advisory services for 433 clients (1:31 advisor/client ratio). (Miller Decl. WebCompany profile page for Sand Hill Advisors Inc including stock price, company news, press releases, executives, board members, and contact information (Entered: 01/12/2010), EXHIBIT C re 48 Declaration of Rachel R. Davidson in Support, CORRECTION OF DOCKET # 50 filed by Sand Hill Advisors LLC. WebFebruary 17, 2023 Sand Hill Global Advisors, registered in 2000, serves 9 state (s) with a licensed staff of 14 advisors. (tjs, COURT STAFF) (Filed on 1/29/2009) (Entered: 01/29/2009), NOTICE of need for ADR Phone Conference (ADR L.R. 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. 0000000913 00000 n (Miller, Katherine) (Filed on 2/19/2009) Modified on 2/20/2009 (jlm, COURT STAFF). No one has written a summary of this case yet. (Dhillon, Jas) (Filed on 1/29/2009) Modified on 1/30/2009 (jlm, COURT STAFF). 0000001160 00000 n Docket Summons on Complaint; Issued and Filed by: Yida Gao (Plaintiff); Sand Hill Advisors, LLC (Plaintiff); As to: Adam B. at 1219. Mark H. Epstein in Department R Santa Monica Courthouse, DocketNotice of Case Management Conference; Filed by: Clerk. 0000002396 00000 n NOTICE of Substitution of Counsel, filed by Sand Hill Advisors, LLC. (Hill Decl. 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. All Rights Reserved. 15 U.S.C. STIPULATION AND ORDER re Pretrial Schedule. The central bank's instant payment system could bring enormous benefits to banks and their customers. at 13-18. Sleekcraft, 599 F.2d at 353. at 12-13. 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. (Williams Decl. Sand Hill Advisors LLC: REPORT AND RECOMMENDATIONS re {{61}} MOTION for Attorney Fees filed by Sand Hill Advisors LLC Objections to R&R due by 6/15/2010. (Id.) In addition, the Court may consider further evidence or remand the matter to the magistrate judge with instructions. (lrc, COURT STAFF) (Filed on 2/17/2010) Modified on 2/18/2010 (jlm, COURT STAFF). Continue reading Be the first to find this review helpful 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. 2023-02-21, Los Angeles County Superior Courts | Contract | Since 1999, Defendant has closed between seven to ten commercial real estate transactions. The amount of protection accorded to a particular mark is a function of its distinctiveness. SAND HILL ADVISORS, LLC, a Delaware limited liability company, Plaintiff, 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. Id. 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 7-1(b). 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."). The Court may "accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 26, US District Court for the Northern District of California, 15:1125 Trademark Infringement (Lanham Act). 10 22 84. (lrc, COURT STAFF) (Filed on 2/19/2009) (Entered: 02/19/2009), Minute Entry: Initial Case Management Conference held on 2/18/2009 before Judge Saundra Brown Armstrong. Nor is it disputed that Plaintiff does not engage in the sale, purchase or lease of any commercial properties. %%EOF Here, after considering each of the Sleekcraft factors, the Court concluded that while Plaintiff and Defendant share the same mark, they offer completely distinct services to distinct consumers in separate markets, and there was but a paucity of evidence of actual confusion. 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. These marketing and promotion efforts have included sending out newsletters, attending conferences, providing commentary on radio and television programs, preparing white papers (i.e., reports), underwriting community and charity events, participating in non-profit boards, maintaining an active website and attending professional events. The Court thus finds that this factor favors Defendant. (lrc, COURT STAFF) (Filed on 11/20/2009) Modified on 11/23/2009 (jlm, COURT STAFF). Struck (Defendant); Struck Capital Management, LLC (Defendant); Struck Capital Fund GP LLC (Defendant) et al. On November 4, 2008, Plaintiff filed suit against Defendant in this Court, alleging a single claim for service mark infringement under the Lanham Act. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Related document(s) 36 ) (Davidson, Rachel) (Filed on 11/19/2009) (Entered: 11/19/2009), Declaration of Rachel R. Davidson in Support of 36 MOTION for Summary Judgment filed bySand Hill Advisors LLC. (Hill Decl. (Counsel did not present papers as required by Civil L.R. (cjl, COURT STAFF) (Filed on 11/6/2008) (Entered: 11/06/2008), ADR SCHEDULING ORDER: Case Management Statement due by 2/3/2009. at 207:11-19.) CV-08-5016-SBA ORDER GRANTING DEFENDANT SAND HILL ADVISORS LLC'S STIPULATION TO AMEND ANSWER PURSUANT TO STIPULATION, IT IS SO ORDERED (Davidson, Rachel) (Filed on 12/12/2008) (Entered: 12/12/2008), CERTIFICATE OF SERVICE by Sand Hill Advisors LLC re 3 ADR Scheduling Order, 2 Summons Issued, 1 Complaint (Martin, James) (Filed on 11/10/2008) (Entered: 11/10/2008), REPORT on the filing of an action regarding Service Mark Infringement (cc: form mailed to register). 2002).[1]. 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. 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. (Miller, Katherine) (Filed on 1/28/2009) Modified on 1/29/2009 (jlm, COURT STAFF). In general, the same analytical framework applies to infringement claims, irrespective of whether the marks or names are registered with the PTO. 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. *1122 IT IS HEREBY ORDERED THAT Defendant's Motion for Summary Judgment (Docket 36) is GRANTED. 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. at 51:6-52:14; Williams Decl. Pl. Rather, the relevant inquiry is whether, upon consideration of all terms comprising a composite mark, "the term is being used geographically." Ex. at 131:9-10; Davidson Decl. In October 1989, Conway, Luongo, Williams, Inc., changed its name to Conway, Williams & Foster, Inc. (Id. Defendant does not provide any services to the public and has never provided any financial, investment or any other advice to any third party. (Entered: 12/15/2008), CLERK'S NOTICE of Impending Reassignment to U.S. District Judge. for Idaho's High Desert, Inc. v. Yost, 92 F.3d 814, 821 (9th Cir.1996). (Hill Decl. 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. Vision Sports, Inc. v. Melville Corp., 888 F.2d 609, 615 (9th Cir. 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. Signed by Judge ARMSTRONG on 1/5/09. WebSand Hill Advisors LLC. 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). Saundra Brown Armstrong for all further proceedings. See MSJ Order at 11-12, Dkt. Thus, if the claim raises "debatable issues of law and fact," then it cannot be said that the case is an "exceptional" one warranting an award of attorney fees. Finally, one place to get all the court documents we need. for Attorneys' Fees ("R&R"), Dkt. 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. At the conclusion of the hearing, the Court took the matter under submission. trailer at 27:13-23.) E, F, H, K, L; Williams Depo. To reflect this change, Plaintiff then sought to change its name from "Sand Hill Advisors, Inc." to "Sand Hill Advisors, LLC." See Levi Strauss & Co. v. Blue Bell, Inc., 778 F.2d 1352, 1358 (9th Cir.1985) ("[Levi] Strauss was required to prove that the tab as used on shirts had acquired secondary meaning by 1976, when Blue Bell began using a protruding label on shirts."). (Entered: 12/23/2009), RESPONSE to re 45 Objection to Evidence filed by Sand Hill Advisors LLC. Defendant contends that Plaintiff filed this lawsuit in bad faith, ostensibly because it pursued the action knowing that it had no protectable mark. [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. "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." Indus. 's Mot. (Entered: 01/05/2009), ORDER REASSIGNING CASE. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. ANE Holdings, LLC et al. 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." 's Opp'n to Def. Aside from being devoid of evidentiary support, Plaintiff's argument misses the point. A. degree from University of California , Santa Cruz and a B. Co-founder Jane Williams similarly confirmed the geographical significance of "Sand Hill." STRUCK'S MOTION TO COMPEL ARBITRATION, 7/21/2021: Opposition - OPPOSITION TO DEFENDANT AND CROSS-COMPLAINANT ADAM B. 2:23-MC-00075 | 2023-02-15, U.S. District Courts | Other | startxref 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. Having reviewed the motion papers submitted and considered *1110 the arguments of counsel in connection with this matter, the Court GRANTS the motion for the reasons set forth below. Anderson, 477 U.S. at 248, 106 S.Ct. Sand Hill Advisors LLC v. Sand Hill Advisors LLC. (lrc, COURT STAFF) (Filed on 9/20/2010). Pl. Lahoti, 586 F.3d at 1201. [2] "[T]he only difference between a trademark and a service mark is that a trademark identifies goods while a service mark identifies services. (E.g., Williams Decl. Yellow Cab Co. of Sacramento v. Yellow Cab Co. of Elk Grove, Inc., No. Notwithstanding that finding, the Court disagrees with Defendant that Plaintiff's arguments were "frivolous." (Entered: 12/28/2009), *** FILED IN ERROR. 0 at 80:15, 81:21-22. *** EXHIBITS re 48 Declaration Rachel R. Davidson in Support, CORRECTION OF DOCKET #[48-3] filed by Sand Hill Advisors LLC. (Hill Decl. 's Mot. Id. (Court Reporter: Not Reported) (jlsec, COURT STAFF) (Date Filed: 1/13/2010) Modified on 1/15/2010 (jlm, COURT STAFF). (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). (mejlc1, COURT STAFF) (Filed on 3/1/2010) Modified on 3/2/2010 (jlm, COURT STAFF). 69, Filing Signed by Judge ARMSTRONG on 9/16/10. There's always a lot to do, and even more to learn. 42. 5.) 13.) Signed by Judge ARMSTRONG on q 30, 2007) (citations omitted). Forschner Group, Inc. v. Arrow Trading Co., Inc., 30 F.3d 348, 355 (2d Cir.1994) (internal quotation marks omitted). Cal. 2548, 91 L.Ed.2d 265 (1986). (Entered: 02/03/2009), Certificate of Interested Entities by Sand Hill Advisors LLC identifying Corporate Parent Boston Private Financial Holdings, Inc. for Sand Hill Advisors LLC. 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. No calendar events were found for this docket. Last Updated January 6, 2019 at 8:27 PM EST (4.3 years ago). Thus, despite Defendant's protestations the contrary, Mr. Conway's deposition testimony does not show that Plaintiff "knew" that it lacked a protectable mark. 33 0 obj <> endobj Ex. Fed.R.Civ.P. 42. 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). But it also presents new risks to manage. The matter has been fully briefed, and is now ripe for determination. C 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. 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. 2005). 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. at 24:11-14.) 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). Cancellation and Refund Policy, Privacy Policy, and (lrc, COURT STAFF) (Filed on 9/16/2010). "This acquired distinctiveness is generally called `secondary meaning.'" 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." 15 U.S.C. Listed below are the cases that are cited in this Featured Case. 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. Brenda Vingiello is a Chief Investment Officer at Sand Hill Global Advisors based in Palo Alto, California. 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." In or about 2000, Boston Private Financial Holdings ("Boston Private") acquired a financial interest in Plaintiff. 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. RELATED. 10 0 obj <> endobj Signed by Judge Saundra Brown Armstrong, on 06/23/10. Signed by Judge Saundra Brown Armstrong, on 1/22/10. 0000001003 00000 n Cons Only location is in downtown Palo Alto, not in the hub of the city or on the legendary Sand Hill Road. trailer Sciences v. eBay, Inc., 511 F.3d 966, 969 (9th Cir.2007). The parties are presently before the Court on Defendant's Motion for Summary Judgment. 0000002317 00000 n 28 U.S.C. Plaintiff provides no analysis or legal authority for its position. 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." C-07-02258 RMW, 2008 WL 4542803 at *2 (N.D. Cal.

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