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. The Court evaluates each in turn. The evidence and inferences must be viewed in the light most favorable to the nonmoving party. 2009). 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. Finn began her career in broadcasting at KTLA and KCET in Los Angeles. Unlock with your email and get bonus: 6 financial modeling lessons free ($199 value). Stockdale Capital Partners has also raised a fund. Gensler is designing the project, and CBRE is in charge of leasing. And a day-to-night ambience, complete with an upgraded Lyceum Theater, is intended to be inviting for workers, downtown dwellers and Gaslamp visitors. 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. 2008) (affirming a grant of summary judgment on plaintiff's claim of trademark infringement on a record without survey evidence). Plaintiff, on the other hand, avers that the parties acquire the same types of properties, offer property management services, and perform similar business activities. Allegations of unpaid labor, bribery, and more surround the initial lawsuit and a countersuit. 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. Horton Plaza is obviously critical to downtown. Location. We're championing. 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. Size: 433,132 square feet, 10 stories. No. Stockdale Capital Partners, LLC Nov 2022 - Present 5 months. 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 . 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. 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 . No. 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. v. Smack Apparel Co., 550 F.3d 465, 474 (5th Cir. (Doc. Stockdale Capital Partners, LLC 6 years 1 month Managing Director May 2022 - Present9 months Los Angeles Metropolitan Area Vice President Asset Management Jan 2017 - Present6 years 1 month. stockdale capital lawsuit. B-1); it advertises its properties and brand in trade magazines and on websites (Doc. 2d at 698, typically ranging between $50 million and $200 million and at times reaching up to $400 million. Finally, Plaintiff was recognized in the Dallas Business Journal as one of the "Best Places to Work" in 2016, 2017, and 2018. 34-2 7, 9). 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. 41-8); and it has sponsored various events such as the Design Week Dallas, 2018 Thrift Studio, and Light Up Lakewood (Doc. The moving party bears the burden of demonstrating the absence of a genuine issue of material fact. Co-Founders Shawn and Steven Yari, with the property at 1740 Ocean Avenue (Google Maps . Westwood-based Stockdale is just the latest Los Angeles-based investment firm to hunt for hotel acquisitions in the pandemic. In total, the project will cost about $450 million to develop. Tex. (Doc. 41-7) and the International Council for Shopping Centers (Doc. for Better Gov't, 901 F.3d 498, 505 (5th Cir. 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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. Although Plaintiff asserts three claims for relief under the Lanham Act and Texas common law, the same legal test applies to all three claims. Defendants maintain that they do not engage in any advertising, marketing, or sponsorships. 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. Rendering courtesy of Stockdale Capital Partners The company purchased Horton Plaza, a once-vibrant downtown mall, from Westfield in August 2018, with the intention of transforming the post-modern buildings into a life science destination encompassing 770,000 square feet of office space. Westwood-based Stockdale Capital Partners recently secured a $550 million real estate opportunity fund called SCP Real Estate Opportunities Fund I. 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. 41-2 3). 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. The future Campus at Horton includes a boardwalk. Plaintiff Walter F. Jones filed his lawsuit against J.G. Defendants contend that "Stockdale" is at best merely descriptive because it is a surname and because it is geographically descriptive. The partnership commissioned a study two years ago to show who is living downtown, what types of activity they like and where they want to live, Brennan said. No. Stockdale Capital Partners. reached a settlement with Macys that will allow the company to proceed with "The main elements of Horton Plaza that of architectural significance are associated with the internal courtyard it has which is kind of a connecting spine,. HON. 3d 928 (S.D. Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. While a jury may ultimately determine that there is no secondary meaning, whether a mark has acquired secondary meaning is usually a question of fact, and in this case is best reserved for a jury. 2017) (internal citation omitted). That process may hinge around a successful resolution to a lawsuit brought against Westfield in late May by disgruntled Horton Plaza tenant Jimbos. Oct. 15, 2019). stockdale capital lawsuit. View Jane Stockdale's profile on LinkedIn, the world's largest professional community. Accordingly, Plaintiff's mark is descriptive as a surname. STOCKDALE INVESTMENT GROUP INC. D/B/A STOCKDALE, Plaintiff, v. STOCKDALE CAPITAL PARTNERS, LLC, et al, Defendants. Make your practice more effective and efficient with Casetexts legal research suite. 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. The lawsuit says the plaintiff, the owner of a Virginia plumbing business who allegedly paid the defendants "a staggering $347,075 in interest" in less than a year and an additional $68,494 in ACH program fees, is a prime example of "both the destruction of small businesses and the devastation to their individual owners and families." Compare top Ohio lawyers' fees, client reviews, lawyer rating, case results, education, awards, publications, social media and work history. Because Plaintiff's mark is merely descriptive, it is protectable only if it has acquired secondary meaning. But in October, eight Congress members including three from the L.A. area asked the Small Business Administration to investigate Columbia Sussex for allegedly misusing the funds. Anyone familiar with the culture, hours, and comps for investment associate at Stockdale Capital Partner? President SIXONENINE Design + Development, LLC Sep 2017 - Present 5 years 7 months. 20 Stockdale jobs available on Indeed.com. At what point is it worth leaving your job and running your own firm? But not his teammates. can you smoke on royal caribbean cruise ships stockdale capital lawsuit. LOS ANGELES - May 18, 2021 - Stockdale Capital Partners ("Stockdale"), a Los Angeles based, vertically-integrated real estate investment firm, announced that it acquired the JW Marriott Santa Monica Le Merigot in a deal that closed on May 11, 2021. Similarly, the plazas main thoroughfare will lose its meandering bridges and staircases in favor of cleaner lines and an inviting pathway leading from a lusher Horton Plaza park on Broadway to a completely re-skinned former Nordstrom building on G Street. Like hotel owners across the country, Columbia Sussex was slammed by the coronavirus. Tex. Katrina has 7 jobs listed on their profile. R. Civ. Even sophisticated real estate entities may, at least initially, believe that the two parties are affiliated with one another, which could cause reputational harm. 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. 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. Every story is a dose of insight into how to run a better, more efficient, more profitable business. 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 . 41-1 at 105-07); it pays for membership in industry groups such as the Urban Land Institute (Doc. 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. Coll. at 248. Viacom Int'l, 891 F.3d at 193. 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. Music Department: Star Trek Beyond. Industry: Venture capital companies Printer Friendly View Address: 10850 Wilshire Blvd Los Angeles, CA, 90024-4305 United States Wage theft is commonplace in San Diego. Jade Hindmon is KPBS Midday Edition co-host. why is there a plague in thebes oedipus. Here, as discussed supra, "Stockdale" is descriptive and there is a genuine question of fact as to whether it has acquired secondary meaning. 34-8 at 2). All. 53 at 16). I was exhausted., Do Not Sell/Share My Personal Information. of Houston Sys. No. The center was sold by Australian investment firm QIC, which purchased it in late 2017 as part of a larger deal with . As with secondary meaning, the question of likelihood of confusion is a heavily fact-bound inquiry that, in this case, is best reserved for a jury. 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 . Stockdale Capital Partners is now laying the groundwork to transform Horton Plaza into San Diegos next big economic windfall: a modern office campus. Anyone familiar with the culture, hours, and comps for investment associate at Stockdale Capital Partner? Going Vertical 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 - $500 Fee Paid, Receipt No. Jane has 5 jobs listed on their profile. stockdale capital lawsuit. 2010) ("A trademark infringement and unfair competition action under Texas common law presents essentially no difference in issues than those under federal trademark infringement actions.") LOS ANGELES - April 19, 2021 - Stockdale Capital Partners ("Stockdale"), a Los Angeles-based, vertically-integrated real estate investment firm, announced that hospitality veteran William "Bill" Doak has joined the company as a Managing Director and Head of Stockdale Hospitality. Care exercised by potential purchasers. at 228-29 (emphasis added) (determining that although distinguishable, the "Xtreme Lashes" and "Xtended Beauty" logos were sufficiently similar that consumers could believe that Xtended Beauty was a product line offered by Xtreme Lashes). ACACDC-33568730) filed by Defendant Stockdale Capital Partners, LLC. Gary Stockdale. All rights reserved 2023 The Real Deal is a registered Trademark of Korangy Publishing Inc. Get instant access to lessons taught by experienced private equity pros and bulge bracket investment bankers including financial statement modeling, DCF, M&A, LBO, Comps and Excel Modeling. Id. Home; About us; Partner With Us; Contact Us; Sign Up; average 40 year old woman wrinkles . He was told that that was a different Stockdale. (Doc. May 20, 2021 01:15 PM. Marriott Le Merigot hotel in Santa Monica sold . of Law, 214 F. Supp. Smack Apparel, 550 F.3d at 478. (function($) {window.fnames = new Array(); window.ftypes = new Array();fnames[0]='EMAIL';ftypes[0]='email';fnames[1]='FNAME';ftypes[1]='text';fnames[2]='LNAME';ftypes[2]='text';}(jQuery));var $mcj = jQuery.noConflict(true); All writing and photos by Josie Zimmerman Bell unless otherwise credited |, southern baptist beliefs on the holy spirit, matlab programming exercises and solutions pdf. However, actual confusion need not be proven to establish a likelihood of confusion; this factor is accordingly neutral. 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. 3d 1151, 1159 (S.D. Despite the pandemic, Stockdale has embarked on a $12 million refurbishing effort to attract life science users. It has secured a $550 million real estate opportunity fund to look at new opportunities. at 638). Id. (Doc. 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. stockdale capital lawsuit The J.W. Now that the hotel has a new owner, the union has higher hopes. Focused investments on compelling, premier opportunities. 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. Subscribe. 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. 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. See In re Hutchinson Tech. of Regents of the Univ. Keep up with all the latest news, arts and culture, and TV highlights from KPBS. 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. A 19-story residential tower is in the works on the grounds of Our Lady of Mt. Address: 20 Greenway Plaza. 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. 41 at 5). Copyright 2023 NBCUniversal Media, LLC. Could more local solutions work. Los Angeles-based Stockdale's planned $275 million . (John Kelley, John Gibbins, Jennifer Van. Quilvest partners with Stockdale Capital to invest up to $100m for US medical RE. Stockdale Capital Partners is now laying the groundwork to transform Horton Plaza into San Diego's next big economic windfall: a modern office campus. Authors Channel Summit. Similarity of the marks. This factor weighs against a likelihood of confusion. Defendants "are a family of real estate investment, development, and management companies headquartered in Los Angeles." Stockdale Capital Partners purchased a 175-key hotel. Tex. Cho, through his firm Mitaa Group, owns a handful of commercial properties . By Isabella Farr. Greater Los Angeles Area. She oversaw the stations local and national productions, including the one-hour documentary Los Romeros: The Royal Family of the Guitar, and Child Protective Services, a one-hour look inside the San Diego County agency responsible for the welfare of at risk children. 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. Please visit our associate and lateral pages to learn more about the positions and a career at Baird Holm. Disciplined, effective property operations and improvements. The Court made that decision in response to a lawsuit filed by the Sierra Club. Macy's filed a lawsuit to stop Stockdale Capital Partners' project. Advertising media identity. 2d 679, 698 (S.D. A mark is primarily merely a surname if the surname "is the primary significance of the mark as a whole to the purchasing public." (Doc. Id. The premise of the show was that two . VIEW OUR HISTORY Investment Strategy. william lupo obituary stockdale capital lawsuit. Mark similarity "is determined by comparing the marks' appearance, sound, and meaning." Macy's is not sold on the idea. See 2(e), 15 U.S.C. Los Angeles-based Stockdale's planned $275 million . P. 56(a). Stockdale Capital Partners declined to comment for this story. at 321-25. Downtowns retail dead zone Horton Plaza is headed for permanent retirement. (Doc. Recruiters / other best ways to find remote RE jobs? stockdale capital lawsuit. Full title:STOCKDALE INVESTMENT GROUP INC. D/B/A STOCKDALE, Plaintiff, v. STOCKDALE, Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION. May 2021 - Present7 months. Excited to kick off 2023 with the news that Cain has been nominated in two categories for Real Estate . The site is adjacent to where Stockdale is already developing the Marquee office building at Scottsdale Road and Shoeman Lane. Wal-Mart Stores, Inc., 529 U.S. at 210-11. Two Pesos, 505 U.S. at 769. Design work on the 10-acre project is being led by Retail Design Collaborative and Rios, Clement Hale. It further contends that there is no likelihood of confusion between Plaintiff and Defendants' marks. At the time it played a vital role in cleaning up the seedy district, largely known for porn shops and topless bars. Field, flows and flares - horizontal drilling good-to-go. See Xtreme Lashes, 576 F.3d at 229. 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. No. 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. Marriott Le Merigot in Santa Monica for $75 million in May, around $428,600 per room. 101 Investment Banking Interview Questions, Financial Modeling & Valuation 2-Day Bootcamp OPEN NOW - Only 15 Seats, Venture Capital 4-Hour Bootcamp - Sat April 1st - Only 15 Seats, Excel Master 4-Hour Bootcamp OPEN NOW - Only 15 Seats, Venture Capital 4-Hour Bootcamp - Sat May 20th - Only 15 Seats, 6 courses to mastery: Excel, Financial Statement, LBO, M&A, Valuation and DCF, Elite instructors from top BB investment banks and private equity megafunds, Includes Company DB + Video Library Access (1 year). Louisville Football 2020 Stats, SIGNED at Houston, Texas, on this the 15th of October, 2019. Kentucky-based Columbia Sussex sold the 175-key. betaadjusted RE. Stockdale Capital Partners is a growing vertically-integrated Los Angeles based real estate investment firm, affiliated with Stockdale Management, a property management firm. For instance, it spent more than $50,000 to acquire the internet domain name, stockdale.com (Doc. 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 acquired the mall in 2018 from (Attachments: #1 Supplement Certificate of Good Standing USDC DC, #2 Supplement Cert . Attorneys At Baird Holm we are always looking for talented attorneys to help strengthen our firm. new homes for sale in gonzales, la; jfk airport covid testing requirements; norman, ok mayor political party; switzerland cemetery records; Westfield did not respond to a request for comment. Once a movant meets this burden, the burden shifts to the nonmovant to show the existence of a genuine fact issue for trial. Defendants "typically target investments, acquisitions, and developments that are in the $50 [million] to $200 [million] range, but up to $400 [million]." 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. The open air shopping center at 8340 Northfield Blvd. Where the likelihood-of-confusion analysis is closely balanced, the question should be resolved in favor of the senior user. 2016); see also Smack Apparel Co., 550 F.3d 465 (5th Cir. (2008) and Mamma Mia! No. In late January, three of its hotels were in foreclosure and the firm had at least $1.3 billion in CMBS debt, Bloomberg reported. the $275 million redevelopment of Horton Plaza in downtown San Diego. Columbia Sussex listed the hotel, at 1740 Ocean Avenue, earlier this year. 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 . Occaecati qui excepturi quia fuga. Shriners Hospital, which occupied the space for over 50 years, moved to a $77-million outpatient facility in Pasadena. Stockdale Capital Partners and Jasper Ridge Partners have formed an institutional joint venture to recapitalize $142.5M Galleria Corporate Center in Scottsdale, AZ. The goal is to finish the redevelopment of the mall in the second quarter of 2022, Divinsky said. The real estate investment firm, currently in escrow on the Westfield-owned property, will strip the 33-year-old mall of its longstanding retail roots in favor of an all-inclusive, upscale work-and-play environment, according to multiple local community stakeholders who have been briefed on the firms plans. Acquisitions Professionals - Any Activity? This factor weighs in favor of a likelihood of confusion. Xtreme Lashes, 576 F.3d at 231. However, proof of a defendant's intent is not required to establish trademark infringement. at 508-09. 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. Copyright 2023 by Stockdale Capital Partners - All Rights Reserved, Stockdale Capital Partners wins City of Los Angeles approval for 12-story, Class-A Medical building on Los Angeles Westside, Stockdale Capital Partners acquires The Source Hotel in Denver, Colorado, Stockdale Capital Partners acquires The Marker Hotel in San Francisco. 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. This factor is neutral. 41-9). The flashy-at-the-time shopping center, designed with a Disneyland-meets-Italian-hills vibe, was seen as a model of urban development.
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