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. 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. 41-15 Ex. Every story is a dose of insight into how to run a better, more efficient, more profitable business. Sint in voluptatem facilis deleniti eveniet iusto nesciunt optio. at 8. the mall from the 600,000 square feet that was required in deed restrictions to Along the canal, Stockdale . PublishedOctober 21, 2019 at 10:00 AM PDT. Id. Oct. 15, 2019). The total fine was more than $2million. That process may hinge around a. He was told that that was a different Stockdale. "Stockdale" was chosen as a reference to Stockdale, California, where the company was founded. Lawsuit: Sacramento police uses force against racial justice protests but ignores Proud Boys . Stockdales managing director for hospitality, Bill Doak, confirmed the sale but would not provide an exact dollar amount. at 248-49. No. Tex. 41-7) and the International Council for Shopping Centers (Doc. Los Angeles /. The goal is to finish the redevelopment of the mall in the second quarter of 2022, Divinsky said. If we can get some of those high-paying tech jobs to downtown people will able to live and work in the same place.. Plaintiff does not contend that Defendants intended to benefit from Plaintiff's good reputation. The lobby of the Galleria in Scottsdale, Ariz. 4:18-cv-2949 (S.D. The Court finds that Stockdale is at best descriptive as merely a surname, and accordingly does not discuss whether the mark is geographically descriptive. 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. ACACDC-33568730) filed by Defendant Stockdale Capital Partners, LLC. 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." Macy's filed a lawsuit to stop Stockdale Capital Partners' project. 2d 761, 722 (S.D. 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. Seller: Principal Real Estate Investors. 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. All. 61.7 F. Los Angeles. 2005-2023 Wall Street Oasis. or Want to Sign up with your social account? The J.W. 41-2 3). Although Plaintiff asserts three claims for relief under the Lanham Act and Texas common law, the same legal test applies to all three claims. Wage theft is commonplace in San Diego. Stockdale Capital has been on a trading spree. Courts in the Fifth Circuit have found secondary meaning even in the absence of empirical evidence. No. In 1979 she became KPBS Public Information Director, then Director of Advertising and Promotion, Program Director, and Director of Broadcasting. (Doc. Founded in 2010, Stockdale Capital Partners is a real estate investment firm focused on owning and acquiring assets in the western United States. Full title:STOCKDALE INVESTMENT GROUP INC. D/B/A STOCKDALE, Plaintiff, v. STOCKDALE, Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION. 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. 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. Stockdale Capital Partners plans to resurrect the former Horton Plaza Mall, a . But the same forces behind the downfall of shopping centers across the countrynamely the irrelevance of department stores in a world of category killers stung Horton Plaza, too. The refit of Anodyne began when an American owner acquired a 98-foot (approximately 29.9-meter) Inace motoryacht in 2014, then-named Boundless. Sep 3, 2020. As part of that Emmy Award winning team, she covered elections, landed exclusive interviews, and interviewed presidential candidates. Gensler is designing the project, and CBRE is in charge of leasing. 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. See you on the other side! According to Pop Culture Crime, the Stockdale family of Beach City, Ohio, was one of the more aggressively traditional and wholesome families to ever appear on "Wife Swap." Capital preservation through proven, experienced risk management. No. Stockdale Capital isnt the only investor in downtown San Diego targeting tech tenants. Even sophisticated real estate entities may, at least initially, believe that the two parties are affiliated with one another, which could cause reputational harm. Los Angeles, California. Defendants are also "involved in leasing and property management operations, but only as it relates to themselves for their own or their affiliates' properties." Keep up with all the latest news, arts and culture, and TV highlights from KPBS. No. Actual confusion. Here We Go Again (2018). The environment feels very comfortable and very artistic.. Finn has earned honors from the Society of Professional Journalists and the Pacific Southwest Chapter of the National Academy of Television Arts and Sciences. Stockdale Capital Partners, a Los Angeles-based opportunistic real estate investor, paid $175 million for the beleaguered Horton Plaza in the heart of downtown San Diego last week and plans to. 2018); Paulsson Geophysical Servs, Inc. v. Sigmar, 529 F.3d 303, 309 (5th Cir. can you smoke on royal caribbean cruise ships stockdale capital lawsuit. Luxottica Grp. For the foregoing reasons, the Court DENIES Defendants' Motion for Summary Judgment. 53 at 16). The open air shopping center at 8340 Northfield Blvd. Additional office space is planned by Stockdale Capital Partners for Horton Plaza, although a pair of the mall's current tenants are fighting the conversion. stockdale capital lawsuit No. 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. 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. new homes for sale in gonzales, la; jfk airport covid testing requirements; norman, ok mayor political party; switzerland cemetery records; They contended Columbia Sussex accepted $63 million in PPP funding intended to keep workers employed, but ended up laying off thousands of people. Marriott Le Merigot hotel in Santa Monica sold to Stockdale Capital Partners for around $75 million, The Real Deal has learned. 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. . If a mark has acquired secondary meaning, it is deemed to be a strong mark. We want downtown San Diego to be a serious contender for major facilities and site selection searches of the caliber of Amazons HQ2, said Dan Michaels, managing director of Stockdale Capital. No. 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. Cir. for Good Gov't, 901 F.3d at 508. Complaint in Saba Capital CEF Opportunities 1 Ltd., of the Cayman Islands, and Saba Capital Management LP, of Delaware v. Nuveen Floating Rate Income Fund, Nuveen Floating Rate Income Opportunity Fund, Nuveen Short Duration Credit Opportunities Fund, Nuveen Global High Income Fund, Nuveen Senior Income Fund, Terence J. Toth, Jack B. Evans, William C. Hunter, Albin F. Moschner, John K. Nelson . 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. No. in heart of the burgeoning RiNO Arts District LOS ANGELES August 24, 2022 Stockdale Capital Partners (Stockdale), a Los Angeles-based, vertically-integrated real estate investment firm, announced that it acquired The Source hotel, along with 208-room hotel close to Union Square, Moscone Convention Center LOS ANGELES June 30, 2022 Stockdale Capital Partners (Stockdale), a Los Angeles-based, vertically-integrated real estate investment firm, announced that it acquired The Marker hotel in San Francisco for $77 Stay current on our latest investment opportunities and news affecting todays real estate investment industry. Defendants "are primarily focused on the acquisition and development of real estate for commercial uses" and seek investments from "ultra-high net worth individuals." The company said Stockdale had violated the terms of its lease with the redevelopment plans that shifted the malls emphasis as a retail center. HON. 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. 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. Gary Stockdale is known for Star Trek Beyond (2016), Mamma Mia! stockdale capital lawsuit. Westwood-based Stockdale Capital Partners recently secured a $550 million real estate opportunity fund called SCP Real Estate Opportunities Fund I. 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. Stockdale Capital Partners is now laying the groundwork to transform Horton Plaza into San Diegos next big economic windfall: a modern office campus. Bill Doak has more than 30 years of hospitality industry experience, with senior leadership roles in Stockdale Capital Partners declined to comment for this story. This factor weighs in favor of a likelihood of confusion. Tex. In 2018, Stockdale Capital Partners purchased the property and announced plans to develop it into an office park and tech campus. Id. 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. Mr. RP 74. Stockdale Capital Partners is a growing Los Angeles based vertically-integrated real estate investment firm, affiliated with Stockdale Management, a property management firm. . KEITH P. ELLISON UNITED STATES DISTRICT JUDGE. CIVIL ACTION NO. 2017) (quoting In re Hutchinson Tech., Inc., 852 F.2d 552, 554 (Fed. A 19-story residential tower is in the works on the grounds of Our Lady of Mt. The Fifth Circuit affirmed that there was no fact issue as to whether the plaintiff's symbol had acquired secondary meaning even though the plaintiff had used the symbol for ten years, spent nearly $725,000 in advertising and promoting the symbol, realized over $11.5 million in revenue since it began using the symbol, and declarations from consumers indicated confusion when seeing rival self-storage facilities that displayed symbols similar to that of the plaintiff. 2017) (internal citation omitted). As the USPTO determined, "Stockdale" as a surname is not rare, with 6013 entries in the Lexis database. VIEW OUR HISTORY Investment Strategy. There, the plaintiff, a self-storage services company, sued a competitor for infringing upon its use of a particular star symbol. Cafferty, who has seen renderings of the proposed office park, describes a destination where Hortons large anchor stores are repurposed as individual offices with high ceilings, lots of light and the large floor plans coveted by todays youthful tech companies. Founded in 2010, Stockdale Capital Partners is a real estate investment firm with 214 years of combined experience. The deal closed May 11. Company profile page for Stockdale Capital Partners LLC including stock price, company news, press releases, executives, board members, and contact information stockdale capital lawsuit. Marriott Le Merigot hotel in Santa Monica sold . Stockdale Capital Partners is a growing vertically-integrated Los Angeles based real estate investment firm, affiliated with Stockdale Management, a property management firm. Xtreme Lashes, LLC, 576 F.3d at 228. Stockdale plans to redevelop the mall into a $275 million high-tech office space with fitness studios and restaurants on the ground floor. The State of California Superior Court - Kern County reported the following activity in the suit brought by Stockdale Kitchen and Bath against Corey Delater on June 8: 'Petition For Harassment'.. Case number BCV-21-101087 was filed in the State of California Superior Court - Kern County on May 17. The premise of the show was that two . 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. Inc., 852 F.2d at 556. 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. Could more local solutions work. Menu. 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 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 . See SA Bay LLC v. Hall, 849 F. Supp. 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. (Doc. See Xtreme Lashes, 576 F.3d at 229. 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'. In total, the project will cost about $450 million to develop. The product of builder Ernest W. Hahn, Horton Plaza opened in 1985 to national acclaim. 41-15 Exh. See 2 McCarthy on Trademarks and Unfair Competition 13:30 (5th ed.). Details on the settlement were not released. 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.. The company is an owner-operator specializing in the redevelopment and. A likelihood of confusion requires a "probability of confusion, which is more than a mere possibility of confusion." 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. Please visit our associate and lateral pages to learn more about the positions and a career at Baird Holm. Compare top Ohio lawyers' fees, client reviews, lawyer rating, case results, education, awards, publications, social media and work history. 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. 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. Additionally, it intends to turn a path that winds through the development into a public boardwalk. They proposed an "innovation hub" focused on technology and biotechnology companies. See 2(e), 15 U.S.C. Given that Plaintiff has undisputedly used the mark for thirty years, has sizeable real estate market value, engages in widespread advertising and promotional efforts, and has received at least some media recognition, Plaintiff has established a genuine fact as to whether its mark has acquired secondary meaning. v. Smack Apparel Co., 550 F.3d 465, 474 (5th Cir. The list is updated frequently, so check . Project manager and captain, Parker Stockdale, introduced the owner's vision of building the finest yacht ever created. 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. 41-10). A). The best employees, having . Asset include: commercial office, medical office/life science, hospitality, retail and mixed-use. the $275 million redevelopment of Horton Plaza in downtown San Diego. 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. No. Pebble Beach Co. v. Tour 18 1 Ltd., 155 F.3d 526, 540 (5th Cir. 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. Apply to Senior Financial Accountant, Realtor, Line Cook/prep Cook and more! at 6. Recruiters / other best ways to find remote RE jobs? 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?!" . 1988)). Macy's sued Stockdale Capital Partners in October arguing . Lebanon-St. Peter Cathedral at 333 San Vicente Blvd. 1225(a), and unfair competition under Texas common law. 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. 2012) (quoting Am. Stockdale acquired the mall in 2018 from Westfield for $175 million. While the Jon Jerde-designed center attracts almost no customers today, it does attract lawsuits. However, while empirical evidence such as consumer surveys is the strongest evidence of secondary meaning, it is not required. In late January, three of its hotels were in foreclosure and the firm had at least $1.3 billion in CMBS debt, Bloomberg reported. Pat Finn previously served as a producer for KPBS Midday Edition and KPBS Evening Edition. Read employee reviews and ratings on Glassdoor to decide if Stockdale Capital Partners is right for you. Rank: Chimp 3 . Focused investments on compelling, premier opportunities. Plaintiff contends that the mark is arbitrary. The American Civil Liberties Union's West Virginia chapter filed a federal lawsuit last week. Like hotel owners across the country, Columbia Sussex was slammed by the coronavirus. Gary Stockdale. See In re Hutchinson Tech. of Houston Sys. 34). Stockdale plans to update and reposition the hotel while stabilizing . Nexera Energy Inc. (TSX Venture: NGY) is an energy company with oil producing properties in Southwest Texas. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION.
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