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Shriners Hospital, which occupied the space for over 50 years, moved to a $77-million outpatient facility in Pasadena. 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'. Mark similarity "is determined by comparing the marks' appearance, sound, and meaning." Plaintiff does not contend that Defendants intended to benefit from Plaintiff's good reputation. No. Similarity of the services and purchaser identity. Care exercised by potential purchasers. Bd. See Xtreme Lashes, 576 F.3d at 229. The moving party bears the burden of demonstrating the absence of a genuine issue of material fact. Horton Plaza project resumes after deal with Macy's - KGTV The other two instances provide a somewhat more tenable basis for actual confusion. Stockdale Capital will rename the property the Campus at Horton, and the first phase of its redevelopment plan calls for brightening up the fortress-like building with light-filled creative office space across the upper floors and retail, entertainment and restaurants on the ground floor. 2012) (quoting Am. 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. The Court agrees. See 2(e), 15 U.S.C. Strength of the mark. at 638). 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. 2010) (quoting Two Pesos, Inc. v. Taco Cabana, Inc., 505 U.S. 763, 768 (1992)). at 10. The developer expects to complete the first phase in 2020, although the plans are subject to city approval. Indeed, Plaintiff's evidence suggests that one individual reached out to Plaintiff's CEO after seeing "Stockdale" on a list of potential buyers of a property he was selling. 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. 3d 1151, 1159 (S.D. 2019). 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. Stockdale Radiology is a full-service imaging center with a dedicated women's center. 10850 Wilshire Blvd Ste 1050, Los Angeles, California, 90024, United States. (Doc. Stockdale acquired the mall in 2018 from Westfield for $175 million. 34-8 at 2). Id. Plaintiff learned of Defendants in 2017 after a broker from a real estate investment firm contacted Plaintiff to inquire whether they were involved in marketing a pending deal. 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?" Cir. Agric. Stockdale Capital isnt the only investor in downtown San Diego targeting tech tenants. Could more local solutions work. The . 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. (Doc. Shops at Northfield owner pays $8M for Macy's real estate While the Jon Jerde-designed center attracts almost no customers today, it does attract lawsuits. 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. Century, 295 Fed. (Courtesy Stockdale Capital Partners) The project, named The Campus at Horton, . Ground floor retail is still part of the envisioned equation, though storefronts will primarily feature singular, San Diego-inspired eateries along with boutique health and fitness venues. 1052(e); World Carpets, Inc. v. Dick Littrell's New World Carpets, 438 F.2d 482, 487 (5th Cir. Stockdale Capital Partners is a growing Los Angeles based vertically-integrated real estate investment firm, affiliated with Stockdale Management, a property management firm. Id. (Doc. Finn began her career in broadcasting at KTLA and KCET in Los Angeles. Improper Integrals Examples. (Doc. 53). Appx. buried verbs and zombie nouns examples how to increase accuracy in lstm model. Jeff Weiss - Santa Monica, California, United States - LinkedIn Opinions expressed by Forbes Contributors are their own. Steve and Shawn Yari, who founded Spellbound Entertainment, are also managing partners at Stockdale Capital Partners, a real estate investment firm based in Los Angeles, California, that owns . Stockdale Capital Partners serves customers in the States . 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 Buys JW Marriott Santa Monica Defendants maintain that they do not engage in any advertising, marketing, or sponsorships. What's happening with Horton Plaza? Now we know - San Diego Union-Tribune Plaintiff provides only tenuous evidence that consumers have confused Defendants' junior mark for Plaintiff's senior mark. McShane will build 260-unit Waterview Residential in Scottsdale can you smoke on royal caribbean cruise ships stockdale capital lawsuit. Fed. 2009). In weighing these factors, no one factor is dispositive, and a finding of likelihood of confusion need not be supported by a majority of the factors. The California-based investment firm owns hotels in Scottsdale, Arizona, and medical and office space in California. Id. About Stockdale Capital Partners Founded in 2010, Stockdale Capital Partners is a real estate investment firm with 214 years of combined experience. No. at 935. March 6, 2017. Stockdale Capital Partners, LLC Oct 2020 - Present2 years 4 months Los Angeles Acquisitions & Investment strategy Senior Vice President, Real Estate Investments ClubCorp Feb 2018 - Feb 20202. Amazing Spaces, Inc. v. Metro Mini Storage, 608 F.3d 225, 237 (5th Cir. at 228-29 (emphasis added) (determining that although distinguishable, the "Xtreme Lashes" and "Xtended Beauty" logos were sufficiently similar that consumers could believe that Xtended Beauty was a product line offered by Xtreme Lashes). 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. Stockdale Capital Partners Careers and Employment | Indeed.com It markets itself as "Stockdale," and has operated continuously under that name since its inception in 1989. Tex. Gary Stockdale. . Stockdale acquired the mall in 2018 from 41-1 at 112). 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. Jade also had the opportunity to cover international news and was able to travel to South Africa during the 2010 World Cup. in the face of competition from online shopping outlets. Future owner Stockdale Capital Partners is now laying the groundwork to transform the 900,000-square-foot shopping center into San Diegos next big economic windfall: a modern office campus. Macys sued Stockdale Capital Partners in October arguing that Stockdales plans to turn the shopping center into a mixed used development centered on the development of new offices violated Macys lease. Katrina has 7 jobs listed on their profile. 34-2 8). 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. (Doc. Home; About us; Partner With Us; Contact Us; Sign Up; average 40 year old woman wrinkles . While there, she launched The Weekend Edition of Good Morning Indiana and generated breaking news content for both broadcast and digital platforms. 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. No. In finding no secondary meaning, the court emphasized that the plaintiff's symbol was not prominently displayed in its advertisements. Prior to making San Diego home, Jade worked in markets across the Southeast and Midwest, building a network of sources to tell the stories of people in each community. Xtreme Lashes, LLC, 576 F.3d at 228. Attorney General James Sues Predatory Lender That Threatened Violence This factor weighs in favor of a likelihood of confusion. Wage theft is commonplace in San Diego. Stockdale Capital Partners purchased a 175-key hotel. 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'. If a mark has acquired secondary meaning, it is deemed to be a strong mark. focused on structured investment opportunities. 1998). 3d 573, 589 (S.D. 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. (John Kelley, John Gibbins, Jennifer Van Grove). No. No. However, while empirical evidence such as consumer surveys is the strongest evidence of secondary meaning, it is not required. Founded in 2010, Stockdale Capital Partners is a real estate investment firm focused on owning and acquiring assets in the western United States. (Doc. To prevail on a trademark infringement claim under the Lanham Act, 15 U.S.C. Westwood-based Stockdale is just the latest Los Angeles-based investment firm to hunt for hotel acquisitions in the pandemic. Stockdale Capital Partners is now laying the groundwork to transform Horton Plaza into San Diegos next big economic windfall: a modern office campus. Despite the pandemic, Stockdale has embarked on a $12 million refurbishing effort to attract life science users. They proposed an "innovation hub" focused on technology and biotechnology companies. In a trademark case, "[a]lthough the secondary meaning of a mark and the likelihood of confusion are ordinarily questions of fact, summary judgment may be upheld if the summary judgment record compels the conclusion that the movant is entitled to judgment as a matter of law." But not his teammates. Old Town Scottsdale remains king as other corridors start to get 53 at 18). 2017) (internal citation omitted). A genuine issue of material fact exists if a reasonable jury could enter a verdict for the non-moving party. As part of that Emmy Award winning team, she covered elections, landed exclusive interviews, and interviewed presidential candidates. Loan Of $330M Secured For Horton Plaza Redevelopment 2016) (concluding that "Houston College of Law" creates a substantial risk that potential purchasers would believe that it was connected with the University of Houston). 41-8); and it has sponsored various events such as the Design Week Dallas, 2018 Thrift Studio, and Light Up Lakewood (Doc. 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. 41-17 at 26:12-16). No. Renamed The Campus at Horton, the redeveloped mall will include 700,000 square feet of office space and 300,000 square feet of retail. Stockdale Capital Sets $550 Million Fund 2d at 698, typically ranging between $50 million and $200 million and at times reaching up to $400 million. Field, flows and flares - horizontal drilling good-to-go. President SIXONENINE Design + Development, LLC Sep 2017 - Present 5 years 7 months. Lincoln Property Company (LPC), one of the largest full-service real estate firms in the United States - owning and managing over 400 million square . Its suit is based on its leases which grant them veto power over any changes. 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. Stockdale Capital Partners declined to comment for this story. vintage canvas 'painting ideas. 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. Westfield did not respond to a request for comment. 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. 3d 928 (S.D. 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. A descriptive mark can only be protectible when it has acquired secondary meaning. Provide . See the complete profile on LinkedIn and discover Jane's connections and jobs at similar companies. That process may hinge around a successful resolution to a lawsuit brought against Westfield in late May by disgruntled Horton Plaza tenant Jimbos. Id. But the idea, which resembles a similar project the builder completed at its Galleria Corporate Center in Arizona, is to reshape the dated, oversized mall into the kind of unique office space desirable to the nations most renowned tech firms. Stockdale Capital Partners Acquires The Marker Hotel No. reached a settlement with Macys that will allow the company to proceed with stockdale capital lawsuit. All rights reserved 2023 The Real Deal is a registered Trademark of Korangy Publishing Inc. 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. Stockdales plans would reduce retail space in Id. The Court addresses each in turn. Anyone familiar with the culture, hours, and comps for investment associate at Stockdale Capital Partner? No. Tex. In August 2018, Stockdale Capital Partners purchased the complex with the intention of developing it into The Campus at Horton, an office and retail complex. Stockdale Capital gets early green light for 140K sf medical tower near For example, in Bulbs 4 East Side, the court determined that there was sufficient evidence to demonstrate secondary meaning where the plaintiff had used the mark continuously for some 34 years, its annual sales had increased over the past eight years to $1.4 million, its advertising expenses had grown during that period, and it enjoyed unsolicited nationwide media coverage. No. As the USPTO determined, "Stockdale" as a surname is not rare, with 6013 entries in the Lexis database. All Rights Reserved. Like other hotels hit hard by the pandemic, Columbia Sussex tapped federal funding through the governments PPP loan program. Moreover, as occurred on at least one occasion discussed above, real estate brokers evaluating bids, upon seeing "Stockdale," may initially confuse one Stockdale for the other, thereby causing one party to lose out on a transaction. The 110-foot, $20 million-plus mega-yacht is expected to launch in 2017. Macy's filed a lawsuit to stop Stockdale Capital Partners' project. The premise of the show was that two . 41-4 at 117), (Doc. Last week, San Diego Mayor Kevin Faulconer and several area businessmen sent Macy's CEO Jeff Gennette a letter asking them not to sue. 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. This factor is neutral. The new layout called for an overhaul of the site that would strip it of its orignal detail and design intent. They work on some very ambitious and cool projects such as Horton Plaza redevelopment but there isn't much information on the inner workings of the firm. Cho, through his firm Mitaa Group, owns a handful of commercial properties . Courts have recognized that the more expensive the item or service, the more care a potential purchaser will likely take in its selection. Before the Court is Defendants' Motion for Summary Judgment. Stockdale purchased the bulk of the open-air shopping center last . Stockdale Capital Partners announced the agreement reached with Macy's to allow the downtown San Diego project to move forward. is not active anymore since 2001-05-24 due to Merger - Without Assistance. Id. Indeed, "Stockdale" is not defined in the dictionary. Voluptates quis est qui aut nulla. 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. Stockdale Jobs, Employment | Indeed.com 41-16 at 20). No. The name "Stockdale" was on a list of potential buyers. Greater San Diego Area View Troy's full profile . Edward Kaen has been working at Stockdale Capital Partners for 4 years. Can Downtown San Diego Transform Into A Tech Hub? One - Forbes No. (Doc. KEITH P. ELLISON UNITED STATES DISTRICT JUDGE. The organisation's status is listed as "Active". Subscribe. B-1); it advertises its properties and brand in trade magazines and on websites (Doc. stockdale capital lawsuit. A mark is protectable if it is distinctive, meaning it must be "capable of distinguishing the applicant's goods from those of others." He was told that that was a different Stockdale. . Deleniti a sapiente doloribus et rerum. stockdale capital lawsuit Details on the settlement were not released. To determine whether a mark is distinctive, marks are often classified into categories of generally increasing distinctiveness: they may be (1) generic, (2) descriptive, (3) suggestive, (4) arbitrary, or (5) fanciful. The whimsical and colorful Horton Plaza Mall sits nearly empty on a corner of downtown San Diego. The company is an owner-operator specializing . Every day online and each Monday in print, the Business Journal reports on how local business operate and why businesses leaders make the decisions they do. Filing 21 APPLICATION of Non-Resident Attorney Stephen R Mysliwiec to Appear Pro Hac Vice on behalf of Defendant Stockdale Capital Partners, LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. Gary Stockdale - IMDb The new owners, Stockdale Capital Partners, bought Horton Plaza just over a year ago and have now been sued by one of its last remaining tenants, Macy's Department Store. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION. Macy's is not sold on the idea. 34). The J.W. 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?!" No. 1971). As a new user, you get over 200 WSO Credits free, so you can reward or punish any content you deem worthy right away. new homes for sale in gonzales, la; jfk airport covid testing requirements; norman, ok mayor political party; switzerland cemetery records; Stockdale Capital Partner News | Stockdale However, proof of a defendant's intent is not required to establish trademark infringement. Stockdale Capital Partners announced the agreement reached with Macy's to allow the downtown San Diego project to move forward. Stay current on our latest investment opportunities and news affecting todays real estate investment industry. 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. Plaintiff relocated its headquarters to Texas in 2012. 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. Id. Los Angeles /. 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. Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. Stockdale Capital Partners Secures $330 Million Construction Loan for At what point is it worth leaving your job and running your own firm? 2010) ("A trademark infringement and unfair competition action under Texas common law presents essentially no difference in issues than those under federal trademark infringement actions.") Jacob Stockdale, whose family was on Wife Swap Season 4, was recently sentenced to 30 years in prison for murdering his mother, Kathy, and his brother James. why is there a plague in thebes oedipus. or Want to Sign up with your social account? Stockdale acquired the mall in 2018 from Westfield for $175 million. Jane Stockdale - Capital Markets - Europe - Heitman | LinkedIn From Mall to Life Science: A Rising Trend Real Estate Investing Group Focusing in Southwest | Stockdale Even sophisticated real estate entities may, at least initially, believe that the two parties are affiliated with one another, which could cause reputational harm. Tex. 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. Jade Hindmon is KPBS Midday Edition co-host. (Attachments: #1 Supplement Certificate of Good Standing USDC DC, #2 Supplement Cert . Defendants "are primarily focused on the acquisition and development of real estate for commercial uses" and seek investments from "ultra-high net worth individuals." They contended Columbia Sussex accepted $63 million in PPP funding intended to keep workers employed, but ended up laying off thousands of people. of Supervisors for La State Univ. 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 . Stockdale plans to update and reposition the hotel while stabilizing . Stockdale Capital Partners has until December 2022 to deploy a $550 million fund it closed in February of last year, according to Dan Michaels, managing director of the Los Angeles-based private . at 7, 9. LOS ANGELESStockdale Capital Companions (Stockdale), a Los Angeles-based, vertically-integrated actual property funding company, bought the DoubleTree Suites Salt Lake Town Downtown. Ahigh-density project like the Campus at Horton could bring thousands of jobs downtown and lift up surrounding neighborhoods, Michaels said, similar to development that has occurred in San Franciscos Transbay district, Chicagos West Loop and Scottsdales Old Town. It opened to great fanfare in 1985. Horton Plaza Redevelopment Advocacy Efforts - Docomomo This is ClassAction.org's current list of open lawsuits and investigations. Los Angeles, California. Plaintiff is a real estate services company operating in Texas, California, and North Carolina. Only three claims for relief remain at issue in this case; Plaintiff withdrew counts II, III, VII, and VIII in its Second Amended Complaint.