No. Seller: Principal Real Estate Investors. Defendant's intent. 53 at 18). The Marker, a 208-key hotel built in 1910, is blocks away from Union Square and the Moscone Convention Center. 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 Diego. See In re Hutchinson Tech. Stockdale Capital Partners is a growing Los Angeles based vertically-integrated real estate investment firm, affiliated with Stockdale Management, a property management firm. 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. 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. Gary Stockdale is known for Star Trek Beyond (2016), Mamma Mia! No. Details on the settlement were not released. at 6. (Doc. Located in Scottsdale, Arizona, the new multi-family development will incorporate 260 units. . The latter three categories of marks are deemed inherently distinctive and are entitled to protection because their intrinsic nature serves to identify a particular source of a product. Id. He was told that that was a different Stockdale. 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 . Stockdale acquired the mall in 2018 from Westfield for $175 million. Keep up with all the latest news, arts and culture, and TV highlights from KPBS. . Similarity of the marks. Cho, through his firm Mitaa Group, owns a handful of commercial properties . (Doc. To prevail on its infringement claim, Plaintiff must also show that "the defendant's use of the mark creates a likelihood of confusion in the minds of potential customers as to the source, affiliation, or sponsorship of the product at issue." Copyright 2023 NBCUniversal Media, LLC. On one hand, Defendants argue that the parties provide different services and operate on different scales. Marriott Le Merigot hotel in Santa Monica sold . 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. . at 321-25. stockdale capital lawsuit. 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. No. Xtreme Lashes, LLC, 576 F.3d at 228. Los Angeles /. 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. Viacom Int'l, 891 F.3d at 193. If a mark has acquired secondary meaning, it is deemed to be a strong mark. See In re Hutchinson Tech. The deal closed May 11. Bulbs 4 East Side, Inc. v. Ricks, 199 F. Supp. Voluptates quis est qui aut nulla. 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. How Much Do Twitch Streamers Make Per Ad, at 109, Plaintiff has provided evidence of its various advertising and promotional efforts. betaadjusted RE. 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. stockdale capital lawsuit. 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. Id. About Stockdale Capital Partners Founded in 2010, Stockdale Capital Partners is a real estate investment firm with 214 years of combined experience. 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. The name "Stockdale" was on a list of potential buyers. 1225(a), unfair competition under 15 U.S.C. Stockdale Capital Partners announced the agreement reached with Macy's to allow the downtown San Diego project to move forward. 41-10). Like other hotels hit hard by the pandemic, Columbia Sussex tapped federal funding through the governments PPP loan program. Stockdale Capital Partners announced that it has 34-5 at 138:15-24). 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. A judge issued a temporary restraining order Monday and scheduled a July [] 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. Defendants contend that "Stockdale" is at best merely descriptive because it is a surname and because it is geographically descriptive. Here, as discussed supra, "Stockdale" is descriptive and there is a genuine question of fact as to whether it has acquired secondary meaning. Advertising media identity. Stockdale acquired the mall in 2018 from Westfield for $175 million. Stockdale acquired the mall in 2018 from The mall was designed by architect Jon Jerdeand opened in 1985 in the citys historic Gaslamp Quarter. Smack Apparel, 550 F.3d at 478. 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 . A). 3d 1151, 1159 (S.D. (Doc. focused on structured investment opportunities. & Mech. Plaintiff provides only tenuous evidence that consumers have confused Defendants' junior mark for Plaintiff's senior mark. 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'. February 22, 2017. 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." Dist., 912 F.3d 805, 811 (5th Cir. (Doc. at 248-49. 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. Address: 20 Greenway Plaza. Id. Our vertically-integrated real estate investment group focuses on profitable opportunities within the Western United States. RP 74. capital or securities . Courts in the Fifth Circuit have found secondary meaning even in the absence of empirical evidence. 34-2 8). Macy's sued Stockdale Capital Partners in October arguing . See, e.g., (Doc. Its suit is based on its leases which grant them veto power over any changes. 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. Macy's filed a lawsuit to stop Stockdale Capital Partners' project. 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 . No. Stockdale Capital Partners has also raised a fund. It could add an additional 1.5 million square feet of office space and other amenities down the road. Los Angeles, California. of Supervisors for La State Univ. View Jane Stockdale's profile on LinkedIn, the world's largest professional community. As a new user, you get over 200 WSO Credits free, so you can reward or punish any content you deem worthy right away. 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. Finally, Plaintiff was recognized in the Dallas Business Journal as one of the "Best Places to Work" in 2016, 2017, and 2018. 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. No. In 1979 she became KPBS Public Information Director, then Director of Advertising and Promotion, Program Director, and Director of Broadcasting. No. The Court evaluates each in turn. The state is expecting to hold hearings on the complaints in the coming weeks. Stockdale Capital Partners purchased a 175-key hotel. Defendants "are primarily focused on the acquisition and development of real estate for commercial uses" and seek investments from "ultra-high net worth individuals." (John Kelley, John Gibbins, Jennifer Van Grove). Stockdale plans to redevelop the mall into a $275 million high-tech office space with fitness studios and restaurants on the ground floor. No. No. The future Campus at Horton includes a boardwalk. Stockdale Capital Partners and Jasper Ridge Partners have formed an institutional joint venture to recapitalize $142.5M Galleria Corporate Center in Scottsdale, AZ. WSO depends on everyone being able to pitch in when they know something. The firm did not respond to multiple requests for comment. 41-9). Stockdale Capital Partners plans to resurrect the former Horton Plaza Mall, a . The headquarter was located at 5151 Stockdale Highway, Bakersfield, CA 93309. Id. 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. for Good Gov't v. Coal. Retailer's Exit Lets Developer Stockdale Proceed With $275 Million Downtown Project By Lou Hirsh CoStar News Developer Stockdale Capital Partners' plans to turn a faded downtown San Diego mall into creative offices are back on schedule, after longtime tenant Macy's dropped its opposition and announced plans to vacate the site in March. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 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. 53). Tex. 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 goal is to finish the redevelopment of the mall in the second quarter of 2022, Divinsky said. This factor weighs against a likelihood of confusion. The total square footage of the properties, located at 9090 Wilshire. At what point is it worth leaving your job and running your own firm? Nexera is owner and operator of the Lavernia, Wooden Horse and Stockdale Horizon . Improper Integrals Examples. A descriptive mark can only be protectible when it has acquired secondary meaning. Size: 433,132 square feet, 10 stories. 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.. Agric. at 935. 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. 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. william lupo obituary stockdale capital lawsuit. The California-based investment firm owns hotels in Scottsdale, Arizona, and medical and office space in California. 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. No. reached a settlement with Macys that will allow the company to proceed with Springboards to Educ., 912 F.3d at 811. The American Civil Liberties Union's West Virginia chapter filed a federal lawsuit last week. Every story is a dose of insight into how to run a better, more efficient, more profitable business. The J.W. Stockdales reinterpretation of the space, Cafferty and Brennan said, is a welcome improvement as it add jobs to a region thats already been enriched by a smattering of residential towers. stockdale capital lawsuit. The whimsical and colorful Horton Plaza Mall sits nearly empty on a corner of downtown San Diego. 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. The list is updated frequently, so check . (Doc. 1976)). No. Earnhardt v. Kerry Earnhardt, Inc., 864 F.3d 1374, 1377 (Fed. Parents . 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." vintage canvas 'painting ideas. However, Amazing Spaces is materially distinguishable. 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. Xtreme Lashes, 576 F.3d at 231. (Doc. 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. 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. Oct. 15, 2019). LOS ANGELESStockdale Capital Companions (Stockdale), a Los Angeles-based, vertically-integrated actual property funding company, bought the DoubleTree Suites Salt Lake Town Downtown. 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. Lebanon-St. Peter Cathedral at 333 San Vicente Blvd. Prior to Indianapolis, she was an anchor and multimedia journalist at FOX Carolina in Greenville, SC. No. The organisation's status is listed as "Active". UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION. 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. Co-Founders Shawn and Steven Yari, with the property at 1740 Ocean Avenue (Google Maps . Here, the designs of the two marks, taken as a whole, are certainly distinguishable. 2d 761, 722 (S.D. "Stockdale" was chosen as a reference to Stockdale, California, where the company was founded. No. Westwood-based Stockdale is just the latest Los Angeles-based investment firm to hunt for hotel acquisitions in the pandemic. . Stockdale Capital Partners declined to comment for this story. That process may hinge around a successful resolution to a lawsuit brought against Westfield in late May by disgruntled Horton Plaza tenant Jimbos. Stockdales plans would reduce retail space in 300,000 square feet to make room for offices. Sch. Two Pesos, Inc., 505 U.S. at 768 (citing Abercrombie & Fitch Co. v. Hunting World, Inc., 537 F.2d 4, 9 (2d Cir. In May, it sold . No. Exterior construction will begin shortly with 600-800 construction workers expected [] Partner at Stockdale Capital Partners Los Angeles, California, United States 59 followers 41 connections Join to connect University of Pennsylvania - The Wharton School Activity We're. The 110-foot, $20 million-plus mega-yacht is expected to launch in 2017. why is there a plague in thebes oedipus. Compare top Ohio lawyers' fees, client reviews, lawyer rating, case results, education, awards, publications, social media and work history. 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. All Rights Reserved. Id. Id. After considering the parties' filings, all responses and replies thereto, oral argument, and the applicable law, the Court finds that Defendants' Motion for Summary Judgment must be DENIED. San Diego Union-Tribune reporter Jennifer Van Grove joins Midday Edition to explain the lawsuits and and the cutrrent status of the mall. "Stockdale" was chosen as a reference to Stockdale, California, where the company was founded. 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. Jade Hindmon is KPBS Midday Edition co-host. Although Plaintiff testified that it does not track its advertising expenditures, 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. The product of builder Ernest W. Hahn, Horton Plaza opened in 1985 to national acclaim. Deleniti a sapiente doloribus et rerum. Plaintiff also sought a permanent injunction, which the Court denied in January 2019. No. No. At the time it played a vital role in cleaning up the seedy district, largely known for porn shops and topless bars. Its part of a bid to transform San Diegos central business district into a tech hub by leveraging the high percentageof Millennials living in the city and the concentration of life science companies operating in the suburbs. Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. See Bd. No. I cover real estate development, fundamentals and finance. 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. It markets itself as "Stockdale," and has operated continuously under that name since its inception in 1989. Defendants urge that the evidence presented here is more analogous to that in Amazing Spaces, Inc., 608 F.3d at 225.
