This factor is neutral. Copyright 2023 NBCUniversal Media, LLC. Pebble Beach Co. v. Tour 18 1 Ltd., 155 F.3d 526, 540 (5th Cir. Plaintiff cites to an email and the depositions of individuals who work in the real estate industry and are familiar with Plaintiff to show that people confused Defendants and Plaintiff. 2018); Paulsson Geophysical Servs, Inc. v. Sigmar, 529 F.3d 303, 309 (5th Cir. centovalli railway map; josh brubaker radio station; ejemplo de libertad externa y libertad interna; columbus high school tennis; gillian turner political party 2017) (internal citation omitted). The sophistication and diligence involved in real estate dealings weigh against a likelihood of confusion. Joseph Wong Design Associates is designing that project, and JLL is in charge of leasing. The Court made that decision in response to a lawsuit filed by the Sierra Club. Plaintiff also attempted to register "Stockdale" as a trademark with the U.S. Patent and Trademark Office (the "USPTO"), but was denied the registration in 2018 on the basis that "Stockdale" is primarily a surname. Id. No. The Court evaluates each in turn. "Stockdale" was chosen as a reference to Stockdale, California, where the company was founded. Co-Founders Shawn and Steven Yari, with the property at 1740 Ocean Avenue (Google Maps . But not his teammates. The Court agrees. Such associational confusion is particularly pertinent where, as here, both parties are real estate companies employing the name "Stockdale" with logos containing similar color schemes. No. 41-16 at 20). Id. While the Jon Jerde-designed center attracts almost no customers today, it does attract lawsuits. Full title:STOCKDALE INVESTMENT GROUP INC. D/B/A STOCKDALE, Plaintiff, v. STOCKDALE, Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION. at 638). Last year, Stockdale Capital Partners purchased the property for $175 million with a plan to repurpose Horton Plaza's post-modern buildings as an employment hub that would appeal to elite tech. Stockdale Capital Partners announced that it has 300,000 square feet to make room for offices. That process may hinge around a successful resolution to a lawsuit brought against Westfield in late May by disgruntled Horton Plaza tenant Jimbos. Stream Live Now ; News; Recent Coverage; Originals; Trials; Court TV Mystery; Talent; About Us; Press; Contact Real Estate Private Equity. Cir. Complaint in Saba Capital CEF Opportunities 1 Ltd., of the Cayman Islands, and Saba Capital Management LP, of Delaware v. Nuveen Floating Rate Income Fund, Nuveen Floating Rate Income Opportunity Fund, Nuveen Short Duration Credit Opportunities Fund, Nuveen Global High Income Fund, Nuveen Senior Income Fund, Terence J. Toth, Jack B. Evans, William C. Hunter, Albin F. Moschner, John K. Nelson . Los Angeles-based Stockdale's planned $275 million . No. of Law, 214 F. Supp. Defendants have used the name "Stockdale" continuously since their collective inception in 2013. Los Angeles /. Rank: Chimp 3 . 34-2 7, 9). (Doc. Glassdoor has 3 Stockdale Capital Partners reviews submitted anonymously by Stockdale Capital Partners employees. It registered the name "Stockdale, LLC" and "Stockdale Capital" with the Texas Secretary of State in 2014 and 2017, respectively. 2008) (internal citations omitted). Construction Efforts to Redevelop Horton Plaza to Continue in Earnest SAN DIEGO (March 9, 2020) -- Today, Stockdale Capital Partners ("Stockdale") announced the closing of a $330 million loan with a group of funds managed by Alliance Bernstein to continue redevelopment efforts at Horton Plaza. The Campus at Horton will be the pinnacle of mixed-use campuses in downtown and the exemplification of whats possible when innovative office design meets access to leading food, beverage, health and wellness offerings, said Steven Yari, a Stockdale management director. Stockdale Capital Partners is a growing Los Angeles based vertically-integrated real estate investment firm, affiliated with Stockdale Management, a property management firm. As part of that Emmy Award winning team, she covered elections, landed exclusive interviews, and interviewed presidential candidates. stockdale capital lawsuit. In one instance, following an article reporting on Stockdale Capital Partners' involvement with the redevelopment of a San Diego shopping mall, Plaintiff's managing partner received an email asking "Is this you guys?!" The future Campus at Horton includes a boardwalk. Id. Oct. 15, 2019). (John Kelley, John Gibbins, Jennifer Van Grove). Stockdale Capital Partners, a Los Angeles-based opportunistic real estate investor, paid $175 millionfor the beleaguered Horton Plaza in the heart of downtown San Diego last week and plans to convert the mall into a mixed-use office and retail development that will cater to technology and creative companies. Details on the settlement were not released. Lawsuit: Sacramento police uses force against racial justice protests but ignores Proud Boys . They contended Columbia Sussex accepted $63 million in PPP funding intended to keep workers employed, but ended up laying off thousands of people. Macy's is not sold on the idea. Authors Channel Summit. Tex. No. Prior to Indianapolis, she was an anchor and multimedia journalist at FOX Carolina in Greenville, SC. The Fund is currently required to allocate net capital gains and ordinary income taxable for U.S. federal income tax purposes, if any, proportionately between Common Shares . All rights reserved, In Your Neighborhood: What's Happening this Weekend in San Diego, Man Sentenced for Causing Crash That Killed Former Harbor Police Chief's Wife, Actor Tom Sizemore, of Saving Private Ryan,' Dies at 61, La Mesa Woman Says Paving Company Forced Her to Pay for Unfinished Driveway, San Diego Lands on Top 20 List of Happiest Places to Live,' Other San Diego Cities on List, Wife of Missing Wild 94.9 Host Indicates JV Will Not Be Coming Back'. Excel Best Practices To Avoid A Black Box Model. Cho, through his firm Mitaa Group, owns a handful of commercial properties . Horton Plaza is obviously critical to downtown. Plaintiff claims that the current value of its real estate holdings is in excess of $150 million, and that since 2013 it has expended approximately $75 million in real estate acquisitions. See SA Bay LLC v. Hall, 849 F. Supp. While a subsequent owner converted the shopping center into offices, Stockdale Capital renovated the assetand has attracted tenants such as Yelp, Indeed, Spacesand most recently,Zillow. The new owners, Stockdale Capital Partners, bought Horton Plaza just over a year ago and have. Moreover, both parties acknowledge that potential consumers in the real estate industry exercise a high degree of due diligence in their dealings. Stockdale Capital Partners bought the 175-key hotel. Occaecati qui excepturi quia fuga. Stockdale Capital Partners and Jasper Ridge Partners have formed an institutional joint venture to recapitalize $142.5M Galleria Corporate Center in Scottsdale, AZ. Culver City-headquartered mobile game developer Jam City Inc. reported Nov. 28 it acquired a new title from Uken Studios Inc., which does business as Uken Games. 1976)). Appx. Stockdale Capital Partners is now laying the groundwork to transform Horton Plaza into San Diego's next big economic windfall: a modern office campus. Plaintiff contends in response that "Stockdale" is also the name for several cities, neighborhoods, and public schools across the country. An identifying mark can be distinctive in one of two ways: it can be inherently distinctive, or it can acquire distinctiveness through "secondary meaning." Tex. Stockdales reinterpretation of the space, Cafferty and Brennan said, is a welcome improvement as it add jobs to a region thats already been enriched by a smattering of residential towers. Mar. (Doc. The product of builder Ernest W. Hahn, Horton Plaza opened in 1985 to national acclaim. Its part of a bid to transform San Diegos central business district into a tech hub by leveraging the high percentageof Millennials living in the city and the concentration of life science companies operating in the suburbs. No. Rabobank was the successor institution. In two of these instances, however, while the witnesses did wrongly presume that "Stockdale" referred to Plaintiff, the witnesses did not specifically confuse Defendants' mark for Plaintiff'sin other words, Defendants' mark was not the source of confusion. The goal is to finish the redevelopment of the mall in the second quarter of 2022, Divinsky said. This factor is also neutral. LOS ANGELES - October 28, 2022 - Stockdale Capital Partners ("Stockdale"), a Los Angeles-based, vertically-integrated real estate investment firm, won approval from the Los Angeles City Council for its 145,000 square-foot, Class-A medical building on Los Angeles' Westside, adjacent to the. Company profile page for Stockdale Capital Partners LLC including stock price, company news, press releases, executives, board members, and contact information stockdale capital lawsuit. Defendants "typically target investments, acquisitions, and developments that are in the $50 [million] to $200 [million] range, but up to $400 [million]." The Court finds neither the passing email inquiry nor allusions to third parties' confusion to be compelling evidence of actual confusion. Tex. Finn has earned honors from the Society of Professional Journalists and the Pacific Southwest Chapter of the National Academy of Television Arts and Sciences. Stockdale Capital Partners bought the 175-key hotel. Project manager and captain, Parker Stockdale, introduced the owner's vision of building the finest yacht ever created. No. The developer expects to complete the first phase in 2020, although the plans are subject to city approval. Mehdi Bolour faces 25 criminal charges over illegally rented Hollywood building, alleged misuse of federal Paycheck Protection Program, High Street, Daiwa bring resi to River Oaks, St. Charles revamp of torched resort takes center stage in local City Hall races, LIV plans massive resi project in Fort Worth, KBS deal to sell Union Bank Plaza to Joel Schreiber delayed for 9th time. PublishedOctober 21, 2019 at 10:00 AM PDT. Jane has 5 jobs listed on their profile. Compare top Ohio lawyers' fees, client reviews, lawyer rating, case results, education, awards, publications, social media and work history. 2d at 698, typically ranging between $50 million and $200 million and at times reaching up to $400 million. Stockdale Capital Partners, a Los Angeles-based opportunistic real estate investor, paid $175 million for the beleaguered Horton Plaza in the heart of downtown San Diego last week and plans to. Id. Stockdale Capital Partners plans to resurrect the former Horton Plaza Mall, a . The company in January reached a settlement of a lawsuit that had been filed by Macy's. The company said Stockdale had violated the terms of its lease with the redevelopment plans that shifted the mall's emphasis as a retail center. for Good Gov't v. Coal. All. All Rights Reserved. Stockdale Capital Partners will continue with its redevelopment plans to transform the nearly vacant mall into The Campus at Horton, an innovative creative office, entertainment and retail center. CIVIL ACTION NO. No. While there, she launched The Weekend Edition of Good Morning Indiana and generated breaking news content for both broadcast and digital platforms. Provide . A). In 1999, a Texas state court in Dallas ruled against Stockdale and Viper International in a civil lawsuit claiming securities fraud andmisrepresentation by selling false stock. Renamed The Campus at Horton, the redeveloped mall will include 700,000 square feet of office space and 300,000 square feet of retail. Although Plaintiff asserts three claims for relief under the Lanham Act and Texas common law, the same legal test applies to all three claims. Defendant's intent. Because Plaintiff's mark is merely descriptive, it is protectable only if it has acquired secondary meaning. That process may hinge around a. By Posted halston hills housing co operative In anson county concealed carry permit renewal (Doc. Food and Words for Nerds. The State of California Superior Court - Kern County reported the following activity in the suit brought by Stockdale Kitchen and Bath against Corey Delater on June 8: 'Petition For Harassment'.. Case number BCV-21-101087 was filed in the State of California Superior Court - Kern County on May 17. Both programs also aired on public television stations nationwide. Macy's filed a lawsuit to stop Stockdale Capital Partners' project. 10850 Wilshire Blvd Ste 1050, Los Angeles, California, 90024, United States. Additional office space is planned by Stockdale Capital Partners for Horton Plaza, although a pair of the mall's current tenants are fighting the conversion. See 2 McCarthy on Trademarks and Unfair Competition 13:30 (5th ed.). the $275 million redevelopment of Horton Plaza in downtown San Diego. Make your practice more effective and efficient with Casetexts legal research suite. Defendants are also "involved in leasing and property management operations, but only as it relates to themselves for their own or their affiliates' properties." of Houston Sys. Once a movant meets this burden, the burden shifts to the nonmovant to show the existence of a genuine fact issue for trial. A massive adaptive reuse project in downtown San Diego, Campus at Horton, signals the start of an urban lab boom. Despite the pandemic, Stockdale has embarked on a $12 million refurbishing effort to attract life science users. No. Earlier this month, Macy's West Stores, Inc. had filed a lawsuit against Stockdale Capital Partners, the Los Angeles-based real estate investment firm that purchased the Jon Jerde -designed. No. The new layout called for an overhaul of the site that would strip it of its orignal detail and design intent. No. We need to have a vibrant space there, said Betsy Brennan, president and CEO of the Downtown San Diego Partnership. We are moving full steam ahead with leasing discussions and to announce a mix of exciting and impactful tenants shortly.. No. Stockdale plans to update and reposition the hotel while stabilizing . All content is posted anonymously by employees working at Stockdale Capital Partners. It markets itself as "Stockdale," and has operated continuously under that name since its inception in 1989. Nonetheless, even where marks are distinguishable, the inquiry is whether they are "similar enough that a reasonable person could believe the two products have a common origin or association." Marriott Le Merigot hotel in Santa Monica sold to Stockdale Capital Partners for around $75 million, The Real Deal has learned. Natural foods grocer Jimbo's filed a Superior Court lawsuit in May of last year and Macy's filed a Superior Court lawsuit earlier this month. The court can consider any evidence in "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any." In late January, three of its hotels were in foreclosure and the firm had at least $1.3 billion in CMBS debt, Bloomberg reported. What do you want to hear hosts Jade Hindmon and Maureen Cavanaugh talk about on Midday? See In re Hutchinson Tech. Recruiters / other best ways to find remote RE jobs? A mark is protectable if it is distinctive, meaning it must be "capable of distinguishing the applicant's goods from those of others." RP 74. capital or securities . It could add an additional 1.5 million square feet of office space and other amenities down the road. However, Amazing Spaces is materially distinguishable. Gary Stockdale. Today, however, the malls storefronts have been abandoned in recent years by retailers either struggling to adapt to an online-shopping world or dragged down by the centers fortress-like feel. Id. Nexera is owner and operator of the Lavernia, Wooden Horse and Stockdale Horizon . The Business Journalis the premier business publication in San Diego. The company said Stockdale had violated the terms of its lease with the redevelopment plans that shifted the malls emphasis as a retail center. 2009). As relevant here, terms that are "primarily merely surnames" or "primarily geographically descriptive" are deemed to be descriptive and thus unprotectable absent a showing of secondary meaning. Menu. The shopping centers decline was expedited by years of indecision on the part of owner-operator Westfield, which is now itself the property of French real estate firm Unibail-Rodamco. While the Jon Jerde-designed center attracts almost no customers today, it does attract lawsuits. The open air shopping center at 8340 Northfield Blvd. stockdale capital lawsuit. After considering the parties' filings, all responses and replies thereto, oral argument, and the applicable law, the Court finds that Defendants' Motion for Summary Judgment must be DENIED. Buyer: Los Angeles-based Stockdale Capital Partners. It opened to great fanfare in 1985. focused on structured investment opportunities. No. No. It further contends that there is no likelihood of confusion between Plaintiff and Defendants' marks. 2017) (quoting In re Hutchinson Tech., Inc., 852 F.2d 552, 554 (Fed. (Doc. Retailer's Exit Lets Developer Stockdale Proceed With $275 Million Downtown Project By Lou Hirsh CoStar News Developer Stockdale Capital Partners' plans to turn a faded downtown San Diego mall into creative offices are back on schedule, after longtime tenant Macy's dropped its opposition and announced plans to vacate the site in March. Similarity of the marks. Bd. Stockdale Capital already has a template for the project: Four years ago in the Old Town district of Scottsdale, Arizona, it acquired the 537,100-square-foot Galleria, an anchorless mall concept that opened in a sluggish economy in 1991 and then promptly closed two years later. V. Houston Coll. invitation to love poem analysis; how to take care of your soul sermon; list of largest unsupported domes in the world. 41-9). Id. Asset include: commercial office, medical office/life science, hospitality, retail and mixed-use. The Trademark Board considers several factors in determining the primary significance of the mark to the purchasing public, including: (1) the rarity of the name, (2) whether it is the name of the applicant, (3) whether there is a significant non-surname meaning, (4) whether the designation has the look and sound of a surname, and (5) whether the context of use contributes to the perception of the designation as a surname. Stockdale Capital released its first public renderings of the Horton Plaza redevelopment project ahead of a meeting with Civic San Diego, and it's not good news. Fed. Defendants contend that Plaintiff's mark, "Stockdale," is not protectable because it is merely descriptive as a surname or a geographical descriptor and has not acquired secondary meaning. Stockdale Capital Partners announced that it has reached a settlement with Macy's that will allow the company to proceed with the $275 million redevelopment of Horton Plaza in downtown San Diego. Focused investments on compelling, premier opportunities. As the USPTO determined, "Stockdale" as a surname is not rare, with 6013 entries in the Lexis database. "We're thrilled to work on our first project for Stockdale Capital Partners," shared Jim Kurtzman . Sint in voluptatem facilis deleniti eveniet iusto nesciunt optio. A defensive stalwart, Oswego Easts Tyler Jasek surprises Joliet West. Summary judgment is proper when there is no genuine dispute as to any material fact and the moving party is entitled to judgment as a matter of law. 3d 928 (S.D. However, proof of a defendant's intent is not required to establish trademark infringement. (internal quotation marks omitted). Sch. (Doc. 2008) (affirming a grant of summary judgment on plaintiff's claim of trademark infringement on a record without survey evidence). See, e.g., (Doc. Tex. Sep 3, 2020. The premise of the show was that two . Stockdales plans would reduce retail space in A mark develops secondary meaning "when, in the minds of the public, the primary significance of [the mark] is to identify the source of the product rather than the product itself." (Courtesy Stockdale Capital Partners) The project, named The Campus at Horton, . In each newsletter, we also highlight settlements that are ending soon, helping to ensure you don't miss out on money you're owed. Id. I was exhausted., Do Not Sell/Share My Personal Information. Excited to kick off 2023 with the news that Cain has been nominated in two categories for Real Estate . Music Department: Star Trek Beyond. All rights reserved 2023 The Real Deal is a registered Trademark of Korangy Publishing Inc. 1998). Company Type For Profit Contact Email info@stockdalecapital.com Phone Number 281-201-3232 Stockdale Capital Partners is a growing Los Angeles based vertically-integrated real estate investment firm, affiliated with Stockdale Management, a property management firm. Stockdale acquired the mall in 2018 from Westfield for $175 million. At the time it played a vital role in cleaning up the seedy district, largely known for porn shops and topless bars. However, it remains unfinished, currently sitting in a South Florida shipyard. The deal closed May 11. The other two instances provide a somewhat more tenable basis for actual confusion. 2008). Stockdale Capital Partners. in northern Denver sold last week to entities affiliated with Los Angeles-based Stockdale Capital Partners. Plaintiff relocated its headquarters to Texas in 2012. See, e.g. Id. Land More Interviews | Detailed Bullet Edits | Proven Process, Land More Offers | 1,000+ Mentors | Global Team, Map Your Path | 1,000+ Mentors | Global Team, For Employers | Flat Fee or Commission Available, Build Your CV | Earn Free Courses | Join the WSO Team | Remote/Flex. The city has all the elements necessary for a vibrant live-work-play environment, save for the large blocks of urban, creative work space craved by major employers.. 2005-2023 Wall Street Oasis. at 935. San Diego Mayor Kevin Faulconer and several business leaders have asked Macy's to stand down from their lawsuit against Stockdale Capital Partners, the new owners of Horton Plaza Mall. Get instant access to lessons taught by experienced private equity pros and bulge bracket investment bankers including financial statement modeling, DCF, M&A, LBO, Comps and Excel Modeling. betaadjusted RE. 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