Greater San Diego Area View Troy's full profile . See you on the other side! Id. 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. 41-16 at 20). Tex. See, e.g., (Doc. (John Kelley, John Gibbins, Jennifer Van. No. Century, 295 Fed. 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. of Houston Sys. Stockdale Capital Partners bought the 175-key hotel. Tex. . No. 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. Asset include: commercial office, medical office/life science, hospitality, retail and mixed-use. Xtreme Lashes, LLC, 576 F.3d at 228. 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 . Gary Stockdale is known for Star Trek Beyond (2016), Mamma Mia! (Doc. 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.") Once a movant meets this burden, the burden shifts to the nonmovant to show the existence of a genuine fact issue for trial. Prior to Octavian, Mr. Michaels worked at various well-respected. 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. No. While the Jon Jerde-designed center attracts almost no customers today, it does attract lawsuits. No. 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." 2019). Like other hotels hit hard by the pandemic, Columbia Sussex tapped federal funding through the governments PPP loan program. Defendants urge that the evidence presented here is more analogous to that in Amazing Spaces, Inc., 608 F.3d at 225. The new owners, Stockdale Capital Partners, bought Horton Plaza just over a year ago and have. 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. Tex. Weighing these factors, the Court is persuaded that, despite the sophistication and diligence of potential real estate customers, a genuine fact issue remains based on the similarity of the marks and the fact that both parties are engaged in the real estate industry. The future Campus at Horton includes a boardwalk. Co-founders Sean and Stephen Yari, Property on 1740 Ocean Avenue (Google Maps) JW Marriott Rumelia Gott Hotel Santa monica Sold to Stockdale Capital Partners for about $ 75 million Genuine Have learned.. Bill Doak, Managing Director of Hospitality at Stockdale, confirmed the sale but did not provide the exact amount. Apply to Senior Financial Accountant, Realtor, Line Cook/prep Cook and more! The developer expects to complete the first phase in 2020, although the plans are subject to city approval. Anyone familiar with the culture, hours, and comps for investment associate at Stockdale Capital Partner? 4:18-cv-2949 (S.D. S.p.A. v. Atlantic Sunglasses LLC, 2017 WL 6885602, at *5 (S.D. Both programs also aired on public television stations nationwide. The Court finds neither the passing email inquiry nor allusions to third parties' confusion to be compelling evidence of actual confusion. V. Houston Coll. While the Jon Jerde-designed center attracts almost no customers today, it does attract lawsuits. No. Amazing Spaces, Inc. v. Metro Mini Storage, 608 F.3d 225, 237 (5th Cir. Sep 3, 2020. Downtowns retail dead zone Horton Plaza is headed for permanent retirement. "Stockdale" was chosen as a reference to Stockdale, California, where the company was founded. Sint in voluptatem facilis deleniti eveniet iusto nesciunt optio. Accordingly, Plaintiff's mark is descriptive as a surname. No. Sorry, you need to login or sign up in order to vote. Macy's sued Stockdale Capital Partners in October arguing . However, while empirical evidence such as consumer surveys is the strongest evidence of secondary meaning, it is not required. - Advertisement - 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. PublishedOctober 21, 2019 at 10:00 AM PDT. Tex. Here We Go Again (2018). Westwood-based Stockdale Capital Partners bought the J.W. Id. Home; About us; Partner With Us; Contact Us; Sign Up; average 40 year old woman wrinkles . Id. (Courtesy Stockdale Capital Partners) The project, named The Campus at Horton, . 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. How Much Do Twitch Streamers Make Per Ad, at 248. Keep up with all the latest news, arts and culture, and TV highlights from KPBS. Stockdale Capital Partners has sold two medical office properties in Beverly Hills and Santa Monica in a $156 million deal. It markets itself as "Stockdale," and has operated continuously under that name since its inception in 1989. Texas Outhouse Inc. v. Fresh Can, LLC, 266 F. Supp. Nexera Energy Inc. (TSX Venture: NGY) is an energy company with oil producing properties in Southwest Texas. 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. The lawsuit filed after an 18-month-long investigation alleges that the companies have, since 2015, collected over $75 million on more than 1,900 fraudulent, illegal loans. betaadjusted RE. Capital preservation through proven, experienced risk management. 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 in January reached a settlement of a lawsuit that had been filed by Macys. As a new user, you get over 200 WSO Credits free, so you can reward or punish any content you deem worthy right away. It focuses on the "real estate design, construction, and property management space." No. He was told that that was a different Stockdale. Company profile page for Stockdale Capital Partners LLC including stock price, company news, press releases, executives, board members, and contact information Renamed The Campus at Horton, the redeveloped mall will include 700,000 square feet of office space and 300,000 square feet of retail. This factor weighs against a likelihood of confusion. No. (Doc. The Court evaluates each in turn. Stockdale Capital Partners is now laying the groundwork to transform Horton Plaza into San Diegos next big economic windfall: a modern office campus. This factor is neutral. Plaintiff is a real estate services company operating in Texas, California, and North Carolina. 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). 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. While Defendants' primary service is the acquisition and development of real estate for commercial uses, Plaintiff assists tenants in leasing properties it does not own, acquires real estate without seeking outside investor capital, and provides consultant services to third parties related to site selection and due diligence. The environment feels very comfortable and very artistic.. 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.. Stockdale Capital Partners zeros in on significant real estate value opportunities that provide timely, consistent, and repeatable returns. buried verbs and zombie nouns examples how to increase accuracy in lstm model. Care exercised by potential purchasers. at 10. The decision to close, which is being characterized as temporary, comes as Someck continues his nearly two-year legal tussle with Horton owner Stockdale Capital Partners over the terms of the . 3d 573, 589 (S.D. 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. google classroom parent letter (Doc. at 237; see also Wal-Mart Stores, Inc. v. Samara Bros, Inc., 529 U.S. 205, 210-11 (2000). 41-1 at 112). The other two instances provide a somewhat more tenable basis for actual confusion. No. 3d 1151, 1159 (S.D. To determine whether a mark has acquired secondary meaning, the Fifth Circuit considers the following factors: To support its contention that it has acquired secondary meaning, Plaintiff provides evidence that it has used the "Stockdale" mark continuously for the past thirty years since its inception in 1989. Pat Finn previously served as a producer for KPBS Midday Edition and KPBS Evening Edition. 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. Provide . Bill Doak has more than 30 years of hospitality industry experience, with senior leadership roles in By Posted student houses falmouth 2021 In jw marriott panama concierge lounge Macy's Continues Lawsuit Against Horton Plaza Redevelopment, News study outlines air pollution from Tijuana sewage, Art Show: 'The Possibility of Something Happening', MASTERPIECE CLASSIC: The Mystery Of Edwin Drood, Current rainy season could be a drought buster, forecaster says, Settlement reached in Tijuana sewage lawsuit, Brittney Griner urges the return of U.S. detainees abroad at NAACP Image Awards, Washington state attorney general says FDA rules on abortion drug are unreasonable, An Arizona driver is in custody after crashing into bicycling group, killing 2, How Cardiff's new farmers market may help keep small farms in business, San Diego officials work to stop elephant poaching. See 2(e), 15 U.S.C. Plaintiff does not contend that Defendants intended to benefit from Plaintiff's good reputation. Stream Live Now ; News; Recent Coverage; Originals; Trials; Court TV Mystery; Talent; About Us; Press; Contact Real Estate Private Equity. Stockdale Capital Partners is a growing vertically-integrated Los Angeles based real estate investment firm, affiliated with Stockdale Management, a property management firm. 41-10). No. Id. Stockdale Capital Partners purchased a 175-key hotel. Copyright 2023 NBCUniversal Media, LLC. 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. R. Civ. No. A genuine issue of material fact exists if a reasonable jury could enter a verdict for the non-moving party. The company said Stockdale had violated the terms of its lease with the redevelopment plans that shifted the malls emphasis as a retail center. A likelihood of confusion requires a "probability of confusion, which is more than a mere possibility of confusion." 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 Court addresses each in turn. No. 27, 2017) (quoting Am Rice, 518 F.3d at 332)). UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION. Id. 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. 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. . I cover real estate development, fundamentals and finance. We are moving full steam ahead with leasing discussions and to announce a mix of exciting and impactful tenants shortly.. 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. P. 56(a). (Doc. Marriott Le Merigot hotel in Santa Monica sold to Stockdale Capital Partners for around $75 million, The Real Deal has learned. Design work on the 10-acre project is being led by Retail Design Collaborative and Rios, Clement Hale. Where the likelihood-of-confusion analysis is closely balanced, the question should be resolved in favor of the senior user. 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. Additionally, it intends to turn a path that winds through the development into a public boardwalk. See Xtreme Lashes, 576 F.3d at 229. 34-13 at 2). B-1); it advertises its properties and brand in trade magazines and on websites (Doc. of Regents of the Univ. 20 Stockdale jobs available on Indeed.com. Defendant's intent. Industry: Venture capital companies Printer Friendly View Address: 10850 Wilshire Blvd Los Angeles, CA, 90024-4305 United States 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. Location. 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. 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. Cir. Mark similarity "is determined by comparing the marks' appearance, sound, and meaning." With all major entitlement hurdles behind us and this financing now secure, we look forward to completing our redevelopment and revitalizing this incredible asset, said Daniel Michaels, a Stockdale managing director. Finn has earned honors from the Society of Professional Journalists and the Pacific Southwest Chapter of the National Academy of Television Arts and Sciences. No. Stockdale Capital Partners declined to comment for this story. Inc., 852 F.2d at 556 (explaining that lack of dictionary definitions is indicia that the primary significance of a mark is as a surname). 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. 34-8 at 2). For instance, it spent more than $50,000 to acquire the internet domain name, stockdale.com (Doc. As part of that Emmy Award winning team, she covered elections, landed exclusive interviews, and interviewed presidential candidates. 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. Indeed, "Stockdale" is not defined in the dictionary. 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. By contrast, generic marks "refer to the genus of which the particular product is a species," and thus are never registrable as trademarks. 2016); see also Smack Apparel Co., 550 F.3d 465 (5th Cir. However, proof of a defendant's intent is not required to establish trademark infringement. I was exhausted., Do Not Sell/Share My Personal Information. See, e.g., Viacom Int'l, 891 F.3d at 191. If we can get some of those high-paying tech jobs to downtown people will able to live and work in the same place.. All. The center was sold by Australian investment firm QIC, which purchased it in late 2017 as part of a larger deal with . . Stockdale Capital Partners. Could more local solutions work. All Rights Reserved. If a mark has acquired secondary meaning, it is deemed to be a strong mark. The Court agrees. 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.. Stockdales plans would reduce retail space in Defendants now move for summary judgment. In May, it sold . can you smoke on royal caribbean cruise ships stockdale capital lawsuit. 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 lawsuit. Excited to kick off 2023 with the news that Cain has been nominated in two categories for Real Estate . 1225(a), unfair competition under 15 U.S.C. in Denver, according to public records. 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. 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. A defensive stalwart, Oswego Easts Tyler Jasek surprises Joliet West. 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. Los Angeles /. The sophistication and diligence involved in real estate dealings weigh against a likelihood of confusion. In total, the project will cost about $450 million to develop. 41-9). Located in Scottsdale, Arizona, the new multi-family development will incorporate 260 units. Anyone familiar with the culture, hours, and comps for investment associate at Stockdale Capital Partner? Louisville Football 2020 Stats, Lebanon-St. Peter Cathedral at 333 San Vicente Blvd. 41 at 5). 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 . 1998). Finn began her career in broadcasting at KTLA and KCET in Los Angeles. Please visit our associate and lateral pages to learn more about the positions and a career at Baird Holm. Joseph Wong Design Associates is designing that project, and JLL is in charge of leasing. Stockdale Capital Partners, LLC Nov 2022 - Present 5 months. 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. The goal of this section is to provide consumers with a comprehensive resource on class action and mass tort lawsuits. What additional experience/credentials can I get to set myself apart? Jade Hindmon is KPBS Midday Edition co-host. See Bd. . Voluptates quis est qui aut nulla. v. Smack Apparel Co., 550 F.3d 465, 474 (5th Cir. 41-15 Exh. (Doc. 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. Bainbridge DXS and its management wing Torrey Pines Hotel Group, launched a $500 million fund earlier this year to buy up to 200 distressed properties. 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. 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. Stockdale acquired the leasehold interest in the Le Merigot and did not seek financing, Doak said. Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986). at 109, Plaintiff has provided evidence of its various advertising and promotional efforts. The evidence and inferences must be viewed in the light most favorable to the nonmoving party. (internal quotation marks omitted). 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. Stockdale acquired the mall in 2018 from Westfield for $175 million. Tex. Similarity of the marks. 1052(e); World Carpets, Inc. v. Dick Littrell's New World Carpets, 438 F.2d 482, 487 (5th Cir. 34). The goal is to finish the redevelopment of the mall in the second quarter of 2022, Divinsky said. The company is an owner-operator specializing . Copyright 2023 NBCUniversal Media, LLC. 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. No. Co-Founders Shawn and Steven Yari, with the property at 1740 Ocean Avenue (Google Maps). Pebble Beach Co. v. Tour 18 1 Ltd., 155 F.3d 526, 540 (5th Cir. Plaintiff Walter F. Jones filed his lawsuit against J.G. LOS ANGELESStockdale Capital Companions (Stockdale), a Los Angeles-based, vertically-integrated actual property funding company, bought the DoubleTree Suites Salt Lake Town Downtown. Stockdale Capital Partners. 34-8 at 2). 41-1 at 42, 97). 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 is now laying the groundwork to transform Horton Plaza into San Diego's next big economic windfall: a modern office campus. 10850 Wilshire Blvd Ste 1050, Los Angeles, California, 90024, United States. 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. KEITH P. ELLISON UNITED STATES DISTRICT JUDGE. 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.
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