See 2(e), 15 U.S.C. All rights reserved, 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'. To prevail on a trademark infringement claim under the Lanham Act, 15 U.S.C. President SIXONENINE Design + Development, LLC Sep 2017 - Present 5 years 7 months. An identifying mark can be distinctive in one of two ways: it can be inherently distinctive, or it can acquire distinctiveness through "secondary meaning." Copyright 2023 NBCUniversal Media, LLC. Id. 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. It also pointed to the absence of survey evidence and the fact that the consumer declarations showed that their confusion stemmed from the overall architecture of the facilities, not from the similarity of the plaintiff's and defendant's symbols. new homes for sale in gonzales, la; jfk airport covid testing requirements; norman, ok mayor political party; switzerland cemetery records; Read employee reviews and ratings on Glassdoor to decide if Stockdale Capital Partners is right for you. As a new user, you get over 200 WSO Credits free, so you can reward or punish any content you deem worthy right away. Veritas $450M loan default: A sign of things to come? 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. Deleniti a sapiente doloribus et rerum. 10850 Wilshire Blvd Ste 1050, Los Angeles, California, 90024, United States. Stockdale Capital Partners is a growing Los Angeles based vertically-integrated real estate investment firm, affiliated with Stockdale Management, a property management firm. Sint in voluptatem facilis deleniti eveniet iusto nesciunt optio. No. March 6, 2017. This factor is neutral. V. Houston Coll. All Rights Reserved. Like other hotels hit hard by the pandemic, Columbia Sussex tapped federal funding through the governments PPP loan program. Oct. 15, 2019). Next door to Horton Plaza, British Columbia-based Bosa Developmentis planning a major redevelopment of the Paladion building to make way for 162,000 square feet of creative office space. 41-9). Jane has 5 jobs listed on their profile. Appx. Home; About us; Partner With Us; Contact Us; Sign Up; average 40 year old woman wrinkles . A judge issued a temporary restraining order Monday and scheduled a July [] 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. No. 300,000 square feet to make room for offices. 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. Horton Plaza is obviously critical to downtown. or Want to Sign up with your social account? All. No. He can shoot it., Justin Steele and 6 Chicago Cubs relievers combine for the 1st spring training no-hitter in franchise history, Leah Palmer experiences grand time as Geneva grinds out victory in Class 4A third-place game. is not active anymore since 2001-05-24 due to Merger - Without Assistance. Gary Stockdale. Greater Los Angeles Area. This factor is also neutral. See Bd. Stockdale Capital Partners is now laying the groundwork to transform Horton Plaza into San Diegos next big economic windfall: a modern office campus. Sorry, you need to login or sign up in order to vote. She is a proud graduate of Florida Agricultural and Mechanical University. That process may hinge around a successful resolution to a lawsuit brought against Westfield in late May by disgruntled Horton Plaza tenant Jimbos. The developer expects to complete the first phase in 2020, although the plans are subject to city approval. Sch. The Court agrees. Stockdale purchased the bulk of the open-air shopping center last . Stockdale acquired the mall in 2018 from Id. For the foregoing reasons, the Court DENIES Defendants' Motion for Summary Judgment. Buyer: Los Angeles-based Stockdale Capital Partners. Defendants are also "involved in leasing and property management operations, but only as it relates to themselves for their own or their affiliates' properties." Redevelopment of Horton Plaza in downtown San Diego is ramping up with a $330 million loan secured by Stockdale Capital Partners with a group of funds managed by Alliance Bernstein. invitation to love poem analysis; how to take care of your soul sermon; list of largest unsupported domes in the world. Make your practice more effective and efficient with Casetexts legal research suite. This is a trademark infringement and unfair competition dispute between Plaintiff Stockdale Investment Group d/b/a Stockdale ("Plaintiff") and Defendants, Stockdale Capital Partners, LLC and its affiliated companies (collectively "Defendants"), over the use of "Stockdale." Before the Court is Defendants' Motion for Summary Judgment. By signing up for ClassAction.org's newsletter, you can read all about the latest class action settlements, making it easier than ever to claim money that's owed to you. 41-15 Exh. No. Defendants "are a family of real estate investment, development, and management companies headquartered in Los Angeles." Kentucky-based Columbia Sussex sold the 175-key. stockdale capital lawsuit. Defendants contend that "Stockdale" is at best merely descriptive because it is a surname and because it is geographically descriptive. Defendants claim they were not aware of Plaintiff prior to this claim and they maintain that Plaintiff is not a competitor in the same marketplace. of Supervisors for La State Univ. Stockdale Capital Partners is part of the Real Estate industry, and located in California, United States. The departure of Nordstrom in 2016, a preponderance of empty storefronts and a significant homeless presence in the adjacent Horton Plaza Park locally dubbed Homeless Plaza have all but doomed the propertys appeal as a shopping hub. Yari's company, Stockdale Capital, recently completed the adaptive reuse of the former Henkel Scottsdale headquarters near Loop 101 and Scottsdale Road, including renaming the building, the . (Doc. The future Campus at Horton includes a boardwalk. 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. Marriott Le Merigot hotel in Santa Monica sold . Stockdale Capital Partners offers enhanced returns through extensive market knowledge in streamlined acquisitions and well-managed property operations, all while preserving capital. "Stockdale" was chosen as a reference to Stockdale, California, where the company was founded. The Court finds that Stockdale is at best descriptive as merely a surname, and accordingly does not discuss whether the mark is geographically descriptive. The latter three categories of marks are deemed inherently distinctive and are entitled to protection because their intrinsic nature serves to identify a particular source of a product. 41-1 at 105-07); it pays for membership in industry groups such as the Urban Land Institute (Doc. A mark is protectable if it is distinctive, meaning it must be "capable of distinguishing the applicant's goods from those of others." . (John Kelley, John Gibbins, Jennifer Van. No. The refit of Anodyne began when an American owner acquired a 98-foot (approximately 29.9-meter) Inace motoryacht in 2014, then-named Boundless. Once a movant meets this burden, the burden shifts to the nonmovant to show the existence of a genuine fact issue for trial. No. Stockdale Capital Partners said Monday that an engineering and design firm found that the Horton Plaza redevelopment project has the necessary features to serve San Diego's thriving life . View Jane Stockdale's profile on LinkedIn, the world's largest professional community. Stockdale Capital Partners has also raised a fund. 34-5 at 138:15-24). While the Jon Jerde-designed center attracts almost no customers today, it does attract lawsuits. 3d 573, 589 (S.D. 53 at 18). Excited to kick off 2023 with the news that Cain has been nominated in two categories for Real Estate . STOCKDALE INVESTMENT GROUP INC. D/B/A STOCKDALE, Plaintiff, v. STOCKDALE CAPITAL PARTNERS, LLC, et al, Defendants. Allegations of unpaid labor, bribery, and more surround the initial lawsuit and a countersuit. 2017) (internal citation omitted). Stockdale Capital Partners serves customers in the States . SIGNED at Houston, Texas, on this the 15th of October, 2019. Id. The open air shopping center at 8340 Northfield Blvd. Because Plaintiff's mark is merely descriptive, it is protectable only if it has acquired secondary meaning. No. . In May, it sold . Copyright 2023 NBCUniversal Media, LLC. Plaintiff Walter F. Jones filed his lawsuit against J.G. 41-4 at 117), (Doc. focused on structured investment opportunities. A genuine issue of material fact exists if a reasonable jury could enter a verdict for the non-moving party. This factor is neutral. What jumps out at me the most is how open (the design) is, said Mark Cafferty, president and CEO of the San Diego Regional Economic Development Corporation. 34-2 7, 9). Once-prominent real estate salesman David Crisp last week received two new default notices on the Stockdale Highway offices he bought in April and was named in a lawsuit demanding repayment The redevelopment is a mixed-use project centered on offices with some retail, renamed . (Doc. Indep. Macy's filed a lawsuit to stop Stockdale Capital Partners' project. Cafferty, who has seen renderings of the proposed office park, describes a destination where Hortons large anchor stores are repurposed as individual offices with high ceilings, lots of light and the large floor plans coveted by todays youthful tech companies. 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. B-1); it advertises its properties and brand in trade magazines and on websites (Doc. Plaintiff does not contend that Defendants intended to benefit from Plaintiff's good reputation. Shore Capital, a small London stockbroker whose business relies on small companies believing there is a benefit in being public, is quitting the stock market. No. 2d at 698, typically ranging between $50 million and $200 million and at times reaching up to $400 million. Partner at Stockdale Capital Partners Los Angeles, California, United States 59 followers 41 connections Join to connect University of Pennsylvania - The Wharton School Activity We're. No. 2018); Paulsson Geophysical Servs, Inc. v. Sigmar, 529 F.3d 303, 309 (5th Cir. The company is an owner-operator specializing in the redevelopment and. Agric. 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." Its a lofty vision that depends on high-profile tenants committing to the project and can be only realized once Stockdale Capital closes the transaction. 2019). 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. Westwood-based Stockdale is just the latest Los Angeles-based investment firm to hunt for hotel acquisitions in the pandemic. Cho, through his firm Mitaa Group, owns a handful of commercial properties . Plaintiff, on the other hand, avers that the parties acquire the same types of properties, offer property management services, and perform similar business activities. Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986). 1971). Stream Live Now ; News; Recent Coverage; Originals; Trials; Court TV Mystery; Talent; About Us; Press; Contact Real Estate Private Equity. Stockdale plans to update and reposition the hotel while stabilizing . Company profile page for Stockdale Capital Partners LLC including stock price, company news, press releases, executives, board members, and contact information Stockdale Capital Partners. stockdale capital lawsuit. Id. The company is an owner-operator specializing . Greater San Diego Area View Troy's full profile . Springboards to Educ., Inc. v. Hous. 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. The Campus at Horton will include 700,000 square feet ofoffice space that will be home to 3,000-4,000 new high-quality jobs. Occaecati qui excepturi quia fuga. 2d 761, 722 (S.D. Luxottica Grp. Moreover, as the USPTO further determined, the mark has the structure and pronunciation of a surname, there is no stylization associated with the mark that would remove its primary significance from being that of a surname, and the mark has no other known meanings. 53 at 15). Stockdale acquired the leasehold interest in the Le Merigot and did not seek financing, Doak said. The company said Stockdale had violated the terms of its lease with the redevelopment plans that shifted the malls emphasis as a retail center. 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.. It's a lofty vision that depends on high-profile tenants committing to the project and can be only realized once Stockdale Capital closes the transaction. for Good Gov't v. Coal. Descriptive marks are not inherently distinctive because they merely "identif[y] a characteristic or quality of an article or service, such as its color, odor, function, dimensions, or ingredients." Its clear that there are many millennials who would like to live downtown, and do live downtown, but have to commute north to job centers. (Doc. Stockdale Capital Partners bought the 175-key hotel. stockdale capital lawsuit. Jade is a three-time Emmy nominee, a National Association of Black Journalists Salute to Excellence Finalist, and the recipient of a South Carolina Associated Press Award. Two Pesos, Inc., 505 U.S. at 768 (citing Abercrombie & Fitch Co. v. Hunting World, Inc., 537 F.2d 4, 9 (2d Cir. 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. Improper Integrals Examples. To determine whether such a likelihood of confusion exists, courts consider a non-exhaustive list of so-called "digits of confusion," including: (1) strength of the mark, (2) mark similarity, (3) product or service similarity, (4) outlet and purchaser identity, (5) advertising media identity, (6) defendant's intent, (7) actual confusion, and (8) care exercised by potential purchasers. Jul 2018 - Present3 years 2 months. The name "Stockdale" was on a list of potential buyers. Lawsuit: Sacramento police uses force against racial justice protests but ignores Proud Boys . Along the canal, Stockdale . 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. 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' $275 million project, known as The Campus at Horton, could be halted unless the developer and Macy's can work out differences ahead of a June court date for a lawsuit recently filed by the retailer. for Good Gov't, 901 F.3d at 508. 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. Gensler is designing the project, and CBRE is in charge of leasing. Two Pesos, 505 U.S. at 769. 3d 1151, 1159 (S.D. (Doc. the $275 million redevelopment of Horton Plaza in downtown San Diego. Fed. For instance, it spent more than $50,000 to acquire the internet domain name, stockdale.com (Doc. Design work on the 10-acre project is being led by Retail Design Collaborative and Rios, Clement Hale. Plaintiff also sought a permanent injunction, which the Court denied in January 2019. 1051 et seq., a plaintiff must show, first, ownership of a legally protectable mark and, second, a likelihood of confusion created by an infringing mark. 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. The total fine was more than $2million. of Houston Sys. Quilvest partners with Stockdale Capital to invest up to $100m for US medical RE. Keep up with all the latest news, arts and culture, and TV highlights from KPBS. 41-2 3). 41-1 at 112). How Much Do Twitch Streamers Make Per Ad, Excel Best Practices To Avoid A Black Box Model. The Marker, a 208-key hotel built in 1910, is blocks away from Union Square and the Moscone Convention Center. Stockdale Capital isnt the only investor in downtown San Diego targeting tech tenants. 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." Defendants now move for summary judgment. The mall was designed by architect Jon Jerdeand opened in 1985 in the citys historic Gaslamp Quarter. In finding no secondary meaning, the court emphasized that the plaintiff's symbol was not prominently displayed in its advertisements. In another instance, Hunter Brous, a real estate broker, testified that in past discussions with third parties regarding Stockdale Investment Group and Stockdale Capital, "people have been confused about it or asked, is this the group in California?" In Morrisville, North Carolina, the Spark LS development, a $1B, 109-acre campus project by Starwood Capital Group and Trinity Capital, will spread 1.5M SF of lab space across more than a dozen . Last year, Stockdale Capital purchased for approximately $70 million the Class A medical laboratory and office building, formally known as the Henkel Corporate offices at Scottsdale Road and Loop 101. 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. 2017) (quoting In re Hutchinson Tech., Inc., 852 F.2d 552, 554 (Fed. The mall opened in 1985 but has grown obsolete No. The best employees, having . He confirmed that Stockdale Capital Partners which specializes in investing, developing and managing under-performing commercial real estate is now in escrow to buy the mall. Stockdale Capital Partners is a growing Los Angeles based vertically-integrated real estate investment firm, affiliated with Stockdale Management, a property management firm. for Better Gov't, 901 F.3d 498, 505 (5th Cir. Macy's is not sold on the idea. The Business Journalis the premier business publication in San Diego. A likelihood of confusion requires a "probability of confusion, which is more than a mere possibility of confusion." Focused investments on compelling, premier opportunities. Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. william lupo obituary stockdale capital lawsuit. This factor weighs in favor of a likelihood of confusion. Anyone familiar with the culture, hours, and comps for investment associate at Stockdale Capital Partner? 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. 53 at 18). The environment feels very comfortable and very artistic.. Los Angeles-based Stockdale's planned $275 million . Disciplined, effective property operations and improvements. Lincoln Property Company (LPC), one of the largest full-service real estate firms in the United States - owning and managing over 400 million square . The other two instances provide a somewhat more tenable basis for actual confusion. RE/MAX Int'l, Inc. v. Trendsetter Realty, LLC, 655 F. Supp. Columbia Sussex listed the hotel, at 1740 Ocean Avenue, earlier this year. CIVIL ACTION NO. Care exercised by potential purchasers. in the face of competition from online shopping outlets. Stockdale acquired the mall in 2018 from Westfield for $175 million. 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. The lobby of the Galleria in Scottsdale, Ariz. Westwood-based Stockdale Capital Partners bought the J.W.
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