The sophistication and diligence involved in real estate dealings weigh against a likelihood of confusion. Plaintiff, on the other hand, avers that the parties acquire the same types of properties, offer property management services, and perform similar business activities. is not active anymore since 2001-05-24 due to Merger - Without Assistance. 41-1 at 105-07); it pays for membership in industry groups such as the Urban Land Institute (Doc. (internal quotation marks omitted). stockdale capital lawsuit. "We are gearing up to really get aggressive and. 2010) (quoting Two Pesos, Inc. v. Taco Cabana, Inc., 505 U.S. 763, 768 (1992)). Plaintiff also sought a permanent injunction, which the Court denied in January 2019. of Supervisors for La State Univ. 53). Stockdale acquired the mall in 2018 from Westfield for $175 million. Asset include: commercial office, medical office/life science, hospitality, retail and mixed-use. The evidence and inferences must be viewed in the light most favorable to the nonmoving party. The Court evaluates each in turn. Fed. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. A few months before the malls sale, the owner of Jimbos Naturally food store chain filed a lawsuit against Westfield for breach of contract, claiming that the landlords failure to maintain the property drove away customers. "Everything along 1st Avenue is being redone, the former Nordstrom, the former Mervyn's," Divinsky said. S.p.A. v. Atlantic Sunglasses LLC, 2017 WL 6885602, at *5 (S.D. Los Angeles, California. 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. 3d 573, 589 (S.D. It registered the name "Stockdale, LLC" and "Stockdale Capital" with the Texas Secretary of State in 2014 and 2017, respectively. Greater Los Angeles Area. For the foregoing reasons, the Court DENIES Defendants' Motion for Summary Judgment. (Doc. No. 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). Expands and Extends Existing Lease at Stockdale Capitals Sugar Creek Complex, Stockdale Capital and Ace Parking Form Partnership with Grosvenor Group to Acquire Parking Assets, Stockdale Capital Announces Partnership with Siguler Guff & Company, LP, Stockdale Capital Purchases of Two West LA Medical Office Buildings, New 250,700 SF Creative Office Building Coming to Downtown Scottsdale. For instance, it spent more than $50,000 to acquire the internet domain name, stockdale.com (Doc. Viacom Int'l, 891 F.3d at 193. Stockdale Capital Partners is part of the Real Estate industry, and located in California, United States. ACACDC-33568730) filed by Defendant Stockdale Capital Partners, LLC. 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.") Property records show two transactions totaling $71 million. Stay current on our latest investment opportunities and news affecting todays real estate investment industry. Last week, San Diego Mayor Kevin Faulconer and several area businessmen sent Macy's CEO Jeff Gennette a letter asking them not to sue. This factor is also neutral. Stream Live Now ; News; Recent Coverage; Originals; Trials; Court TV Mystery; Talent; About Us; Press; Contact Real Estate Private Equity. Tex. Tex. Pat Finn previously served as a producer for KPBS Midday Edition and KPBS Evening Edition. Anyone familiar with the culture, hours, and comps for investment associate at Stockdale Capital Partner? It further contends that there is no likelihood of confusion between Plaintiff and Defendants' marks. Strength of the mark. Coll. Guilt And Redemption In The Kite Runner, See 2 McCarthy on Trademarks and Unfair Competition 13:30 (5th ed.). Macy's filed a lawsuit to stop Stockdale Capital Partners' project. The goal is to finish the redevelopment of the mall in the second quarter of 2022, Divinsky said. The new layout called for an overhaul of the site that would strip it of its orignal detail and design intent. In this case, the Court finds that the parties' marks share sufficient similarities that a consumer could conceivably believe that Defendants are associated with Plaintiff. By signing up for ClassAction.org's newsletter, you can read all about the latest class action settlements, making it easier than ever to claim money that's owed to you. The strength of a mark is determined by the quality of the mark and, more importantly, by the degree to which it is recognized in the marketplace. However, proof of a defendant's intent is not required to establish trademark infringement. He was told that that was a different Stockdale. Shore Capital, a small London stockbroker whose business relies on small companies believing there is a benefit in being public, is quitting the stock market. (function($) {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. 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. Voluptates quis est qui aut nulla. Xtreme Lashes, 576 F.3d at 231. No. All. Allegations of unpaid labor, bribery, and more surround the initial lawsuit and a countersuit. Before the pandemic, Le Merigot housekeeping staff had filed complaints with California, alleging the company withheld wages and failed to pay overtime, according to Unite Here, a labor union that represents around 50 workers at the hotel. What additional experience/credentials can I get to set myself apart? Details on the settlement were not released. (Doc. Tex. 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. Kentucky-based Columbia Sussex sold the 175-key. 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. No. The seller was Kentucky-based Columbia Sussex, which operates hotels across the country, and which was embroiled in a scandal over alleged misuse of federal Paycheck Protection Program last year. Columbia Sussex listed the hotel, at 1740 Ocean Avenue, earlier this year. The . Like hotel owners across the country, Columbia Sussex was slammed by the coronavirus. Nexera is owner and operator of the Lavernia, Wooden Horse and Stockdale Horizon . stockdale capital lawsuit. 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 whimsical and colorful Horton Plaza Mall sits nearly empty on a corner of downtown San Diego. Jade Hindmon is KPBS Midday Edition co-host. However, such usage is not dispositive of the primary significance of "Stockdale" to the public and, in any event, this evidence does not overcome the USPTO's prima facie case against registration. Prior to Indianapolis, she was an anchor and multimedia journalist at FOX Carolina in Greenville, SC. Id. 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. Id. 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. Tex. Although Plaintiff testified that it does not track its advertising expenditures, id. 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 Court finds neither the passing email inquiry nor allusions to third parties' confusion to be compelling evidence of actual confusion. No. A descriptive mark can only be protectible when it has acquired secondary meaning. stockdale capital lawsuit. 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. The company is an owner-operator specializing in the redevelopment and. Westwood-based Stockdale Capital Partners recently secured a $550 million real estate opportunity fund called SCP Real Estate Opportunities Fund I. Sep 3, 2020. focused on structured investment opportunities. Stockdale Capital Partners offers enhanced returns through extensive market knowledge in streamlined acquisitions and well-managed property operations, all while preserving capital. Stockdale Capital Partners is a growing Los Angeles based vertically-integrated real estate investment firm, affiliated with Stockdale Management, a property management firm. Could more local solutions work. . May 2021 - Present7 months. If we can get some of those high-paying tech jobs to downtown people will able to live and work in the same place.. Dist., 912 F.3d 805, 811 (5th Cir. Two Pesos, Inc., 505 U.S. at 768 (citing Abercrombie & Fitch Co. v. Hunting World, Inc., 537 F.2d 4, 9 (2d Cir. Accordingly, Plaintiff's mark is descriptive as a surname. 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 California-based investment firm owns hotels in Scottsdale, Arizona, and medical and office space in California. 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. Gensler is designing the project, and CBRE is in charge of leasing. 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. Id. The product of builder Ernest W. Hahn, Horton Plaza opened in 1985 to national acclaim. 2016); see also Smack Apparel Co., 550 F.3d 465 (5th Cir. at 508-09. Los Angeles /. Kurt Petersen, co-president of Unite Here Local 11, said he was excited to work with Stockdale, adding union members want peace, not to continue the war.. 61.7 F. Los Angeles. This factor is neutral. 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. 2009). In finding no secondary meaning, the court emphasized that the plaintiff's symbol was not prominently displayed in its advertisements. 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. (Doc. (Doc. The moving party bears the burden of demonstrating the absence of a genuine issue of material fact. By Posted student houses falmouth 2021 In jw marriott panama concierge lounge February 22, 2017. Stockdale Capital Partners announced the agreement reached with Macy's to allow the downtown San Diego project to move forward. See, e.g. 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. Lincoln Property Company (LPC), one of the largest full-service real estate firms in the United States - owning and managing over 400 million square . Mar. Founded in 2010, Stockdale Capital Partners is a real estate investment firm with 214 years of combined experience. Courts in the Fifth Circuit have found secondary meaning even in the absence of empirical evidence. 34-2 8). 41-2 3). UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION. 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. 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. We're championing. 34-13 at 2). Defendants "typically target investments, acquisitions, and developments that are in the $50 [million] to $200 [million] range, but up to $400 [million]." Stockdale Radiology is a full-service imaging center with a dedicated women's center. or Want to Sign up with your social account? 10850 Wilshire Blvd Ste 1050, Los Angeles, California, 90024, United States. The Business Journalis the premier business publication in San Diego. Appx. 41-17 at 26:12-16). 3d 1151, 1159 (S.D. Id. Shriners Hospital, which occupied the space for over 50 years, moved to a $77-million outpatient facility in Pasadena. Id. "Stockdale" was chosen as a reference to Stockdale, California, where the company was founded. The developer expects to complete the first phase in 2020, although the plans are subject to city approval. 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. Cir. 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. B-1); it advertises its properties and brand in trade magazines and on websites (Doc. Finn began her career in broadcasting at KTLA and KCET in Los Angeles. Sch. Actual confusion. Defendants have used the name "Stockdale" continuously since their collective inception in 2013. By contrast, generic marks "refer to the genus of which the particular product is a species," and thus are never registrable as trademarks. 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. at 109, Plaintiff has provided evidence of its various advertising and promotional efforts. The 110-foot, $20 million-plus mega-yacht is expected to launch in 2017. 1971). Stockdale Capital Partners purchased a 175-key hotel. Amazing Spaces, Inc. v. Metro Mini Storage, 608 F.3d 225, 230 n.7 (5th Cir. Authors Channel Summit. On one hand, Defendants argue that the parties provide different services and operate on different scales. Westfield did not respond to a request for comment. 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?" And a day-to-night ambience, complete with an upgraded Lyceum Theater, is intended to be inviting for workers, downtown dwellers and Gaslamp visitors. 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). Seller: Principal Real Estate Investors. The company in January reached a settlement of a lawsuit that had been filed by Macys. 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. An identifying mark can be distinctive in one of two ways: it can be inherently distinctive, or it can acquire distinctiveness through "secondary meaning." No. 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 list is updated frequently, so check . See In re Hutchinson Tech. (Doc. Gary Stockdale is known for Star Trek Beyond (2016), Mamma Mia! Disciplined, effective property operations and improvements. Id. Stockdale Capital Partners plans to resurrect the former Horton Plaza Mall, a . Celotex, 477 U.S. at 322-25. In Horton Plaza, which was owned by Westfield Corp., Stockdale Capital acquired a five-level, 900,000-square-foot property onten blocks that was once considered the jewel of downtown San Diego. Defendants contend that "Stockdale" is at best merely descriptive because it is a surname and because it is geographically descriptive. Full title:STOCKDALE INVESTMENT GROUP INC. D/B/A STOCKDALE, Plaintiff, v. STOCKDALE, Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION. The parties dispute the extent to which their real estate services overlap. Alpha generated through enhanced property-level operations. 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. 3d 928 (S.D. "Stockdale" was chosen as a reference to Stockdale, California, where the company was founded. Stockdales plans would reduce retail space in 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. 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. (2008) and Mamma Mia! Stockdale Capital isnt the only investor in downtown San Diego targeting tech tenants. No. This is ClassAction.org's current list of open lawsuits and investigations. 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. Only three claims for relief remain at issue in this case; Plaintiff withdrew counts II, III, VII, and VIII in its Second Amended Complaint. Parents . Plaintiff relocated its headquarters to Texas in 2012. Stockdale Capital Partners is a growing vertically-integrated Los Angeles based real estate investment firm, affiliated with Stockdale Management, a property management firm. 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).
