Signed by the Executive Committee on December 16, 2008. At the conclusion of the hearing, the Court took the matter under submission. (Id. 39, Filing at 66:1-3.) 0000001331 00000 n 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. Intern. 2753. In fact, Plaintiff readily acknowledges that Defendant places its banners on buildings while Plaintiff uses them at sponsored events. "A geographically descriptive term or phrase is one that designates geographical location and would tend to be regarded by buyers as descriptive of the geographic location or origin of the goods or services." Signed by Magistrate Judge Maria-Elena James, on 3/1/2010. Answer; Filed by: Adam B. Founded Date Jan 1, 1982. REFER TO DOCUMENT 50 . 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. Sand Hill Advisors LLC v. Sand Hill Advisors LLC 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. 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. SAND HILL ADVISORS, LLC v. SAND HILL ADVISORS, LLC. 4.) No one has written a summary of this case yet. The amount of protection accorded to a particular mark is a function of its distinctiveness. In addition, the widespread use of "Sand Hill" by other businesses further weakens the "Sand Hill Advisors" mark. at 7-10.) "A strong possibility that either party may expand his business to compete with the other will weigh in favor of finding that the present use is infringing." D.) At the time of the most recent name change, Plaintiff was located at 3000 Sand Hill Road in Menlo Park, California, which is part of what is commonly referred to as the "Silicon Valley." The top five bank holding companies have combined total consumer loan portfolios of more than $1.8 trillion as of December 31, 2022. 3-4) Modified on 12/29/2009 (ewn, COURT STAFF). 15-20, Dkt. (Entered: 12/11/2009), ORDER by Judge ARMSTRONG granting 40 Ex Parte Application (lrc, COURT STAFF) (Filed on 12/4/2009), Ex Parte MOTION to Modify Briefing Schedule re Motion for Summary Judgment filed by Sand Hill Advisors LLC. 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. at 24:9-11. Anderson, 477 U.S. at 248, 106 S.Ct. 0000000940 00000 n Magistrate Judge Wayne D. Brazil no longer assigned to the case.

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