NOTICE of Substitution of Counsel, filed by Sand Hill Advisors, LLC. Brookfield, 174 F.3d at 1055. at 13-18. Viewing the record in a light most favorable to Plaintiff, the Court finds that no reasonable jury could find that the parties' common use of the "Sand Hill Mark" is sufficient to create a likelihood of confusion. 28 U.S.C. "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." 1976)). HWv6}WGj}I-Y]Ih RdJRx>#wHY 8}9|n{oXxlW0A(x{3|ZUzjlWgQ?mf7Es2P2AB& nwdse%7YPI*eoFH1GI!| Boston Private said it would pay 70% of the purchase price in cash and the rest in stock. 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. 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." trailer (Entered: 12/11/2009), OBJECTIONS to 38 Declaration of Albert R. Hill in Support of Motion for Summary Judgment filed by Sand Hill Advisors LLC. YIDA GAO, ET AL. 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. In any event, little imagination would be required for a consumer to connect "Sand Hill Advisors" with other companies that are located in or near the Sand Hill area whose service is providing advice. L.R. Plaintiff admittedly has no expert survey to support its claim of secondary meaning, but instead, relies entirely on evidence that it used the "Sand Hill Advisors" mark in its marketing and advertising efforts. (McCaffrey Depo. Forschner, 30 F.3d at 355 (emphasis added). On appeal, the court addressed, among other things, the strength of the mark "Rodeo Collection." Since 1999, Defendant has closed between seven to ten commercial real estate transactions. The parties are presently before the Court on Defendant's motion for de novo determination of Magistrate Judge Maria Elena James' report and recommendation to deny Defendant's motion for attorneys' fees. Def. 's Mot. 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. Consequently, only evidence showing use of the mark in advertising prior to Defendant's use of the mark is probative of secondary meaning. MC/ Ex. E, F, H, K, L; Williams Depo. Ex. Here, there is scant evidence of actual confusion, which weighs in favor of Defendant. STRUCK'S MOTION TO COMPEL ARBITRATION, Reply - REPLY REPLY MEMORANDUM IN SUPPORT OF ADAM B. STRUCKS MOTION TO COMPEL ARBITRATION, Cases involving other agreements or torts not classified elsewhere, 190, 1190, 2190, 3190, 4190, 4194, 5190, 5196. Case Details | 147794 - Michigan Access the Case Summary and Docket Report to access additional information about this case on the US Court's PACER system. 7@t020B bNq E Signed by the Executive Committee on December 16, 2008. The amount of protection accorded to a particular mark is a function of its distinctiveness. Thus, the Court concludes that "Sand Hill Advisors" is primarily geographically descriptive. Signed by Judge Saundra Brown Armstrong, on 1/22/10. In Brief: Boston Private to Buy Calif. Advisory Firm
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