Sand Hill Advisors, LLC v. Sand Hill Advisors, LLC

ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

Docket

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.” The parties are presently before the Court on Defendant’s Motion for Summary Judgment. On January 12, 2010, the parties appeared through counsel for oral argument on the motion. Having reviewed the motion papers submitted and consid ered the arguments of counsel in connection with this matter, the Court GRANTS the motion for the reasons set forth below.

I. BACKGROUND

A. Sand Hill Advisors LLC, a Delaware Limited Liability Company

Plaintiff is a self-styled “wealth management” firm currently located in Menlo Park, California. (Williams Decl. ¶ 2.) The firm is the successor-in-interest to CLW Financial Services, Inc., a company founded in 1982 by Jane Williams, Gary Conway and Joseph Luongo. (Id.) Since around 1995, Plaintiff has provided a variety of financial and advisory services to its “high net-worth” clients to assist…