2017) (quoting In re Hutchinson Tech., Inc., 852 F.2d 552, 554 (Fed. 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. An identifying mark can be distinctive in one of two ways: it can be inherently distinctive, or it can acquire distinctiveness through "secondary meaning." 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 . No. 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. B-1); it advertises its properties and brand in trade magazines and on websites (Doc. 34-2 7, 9). Even sophisticated real estate entities may, at least initially, believe that the two parties are affiliated with one another, which could cause reputational harm. See, e.g., (Doc. However, Amazing Spaces is materially distinguishable. Plaintiff provides only tenuous evidence that consumers have confused Defendants' junior mark for Plaintiff's senior mark. Defendant's intent. May 20, 2021 01:15 PM. Unlock with your email and get bonus: 6 financial modeling lessons free ($199 value). As relevant here, terms that are "primarily merely surnames" or "primarily geographically descriptive" are deemed to be descriptive and thus unprotectable absent a showing of secondary meaning. In 1979 she became KPBS Public Information Director, then Director of Advertising and Promotion, Program Director, and Director of Broadcasting. Menu. Tex. Co-Founders Shawn and Steven Yari, with the property at 1740 Ocean Avenue (Google Maps). 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. VIEW OUR HISTORY Investment Strategy. The Marker, a 208-key hotel built in 1910, is blocks away from Union Square and the Moscone Convention Center. 53 at 16). Courts have recognized that the more expensive the item or service, the more care a potential purchaser will likely take in its selection. The future Campus at Horton includes a boardwalk. Century, 295 Fed. vintage canvas 'painting ideas. 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. Shriners Hospital, which occupied the space for over 50 years, moved to a $77-million outpatient facility in Pasadena. 1976)). stockdale capital lawsuit. (Stockdales) plan is thoughtful. The goal is to finish the redevelopment of the mall in the second quarter of 2022, Divinsky said. Design work on the 10-acre project is being led by Retail Design Collaborative and Rios, Clement Hale. 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 . Similarity of the services and purchaser identity. No. No. Moreover, both parties acknowledge that potential consumers in the real estate industry exercise a high degree of due diligence in their dealings. The total fine was more than $2million. 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. There, the plaintiff, a self-storage services company, sued a competitor for infringing upon its use of a particular star symbol. Home; About us; Partner With Us; Contact Us; Sign Up; average 40 year old woman wrinkles . 1988)). 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. 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. The organisation's status is listed as "Active". Celotex, 477 U.S. at 322-25. 2008) (affirming a grant of summary judgment on plaintiff's claim of trademark infringement on a record without survey evidence). Stockdale Capital Partners zeros in on significant real estate value opportunities that provide timely, consistent, and repeatable returns. Id. Stockdale Capital Partners plans to resurrect the former Horton Plaza Mall, a . Amazing Spaces, Inc. v. Metro Mini Storage, 608 F.3d 225, 237 (5th Cir. HON. Coll. Authors Channel Summit. (Doc. in Denver, according to public records. 2009). at 10. 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. By Posted halston hills housing co operative In anson county concealed carry permit renewal She is a proud graduate of Florida Agricultural and Mechanical University. Details on the settlement were not released. Gary Stockdale is known for Star Trek Beyond (2016), Mamma Mia! He was told that that was a different Stockdale. Inc., 852 F.2d at 556. 27, 2017) (quoting Am Rice, 518 F.3d at 332)). No. Mar. 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. 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." CIVIL ACTION NO. why is there a plague in thebes oedipus. at 638). stockdale capital lawsuit. 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 . The mall was designed by architect Jon Jerdeand opened in 1985 in the citys historic Gaslamp Quarter. This factor is neutral. Jade also had the opportunity to cover international news and was able to travel to South Africa during the 2010 World Cup. 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. SIGNED at Houston, Texas, on this the 15th of October, 2019. (Doc. No. The news came less than two . 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. Id. Edward Kaen has been working at Stockdale Capital Partners for 4 years. The Court agrees. It could add an additional 1.5 million square feet of office space and other amenities down the road. 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. Now that the hotel has a new owner, the union has higher hopes. Macy's is not sold on the idea. Recruiters / other best ways to find remote RE jobs? We're championing. Cir. 2012) (quoting Am. Stockdale Capital buys 175-key hotel from Columbia Sussex, which was accused of misusing PPP funds, Stockdale Capital Partners bought the 175-key hotel. Address: 20 Greenway Plaza. at 237; see also Wal-Mart Stores, Inc. v. Samara Bros, Inc., 529 U.S. 205, 210-11 (2000). 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. 20 Stockdale jobs available on Indeed.com. Deleniti a sapiente doloribus et rerum. All rights reserved 2023 The Real Deal is a registered Trademark of Korangy Publishing Inc. 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 . 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. 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. (Doc. the mall from the 600,000 square feet that was required in deed restrictions to In finding no secondary meaning, the court emphasized that the plaintiff's symbol was not prominently displayed in its advertisements. Amazing Spaces, Inc. v. Metro Mini Storage, 608 F.3d 225, 230 n.7 (5th Cir. RP 74. capital or securities . Id. See Xtreme Lashes, 576 F.3d at 229. Id. 300,000 square feet to make room for offices. Size: 433,132 square feet, 10 stories. No. Horton Plaza is obviously critical to downtown. 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. The California-based investment firm owns hotels in Scottsdale, Arizona, and medical and office space in California. The record evidence raises factual questions regarding the extent to which the parties' real estate services overlap. Like other hotels hit hard by the pandemic, Columbia Sussex tapped federal funding through the governments PPP loan program. The parties dispute the extent to which their real estate services overlap. Gensler is designing the project, and CBRE is in charge of leasing. (Doc. 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. Anyone familiar with the culture, hours, and comps for investment associate at Stockdale Capital Partner? 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'. This factor weighs in favor of a likelihood of confusion. Here, as discussed supra, "Stockdale" is descriptive and there is a genuine question of fact as to whether it has acquired secondary meaning. Stockdale Capital already has a template for the project: Four years ago in the Old Town district of Scottsdale, Arizona, it acquired the 537,100-square-foot Galleria, an anchorless mall concept that opened in a sluggish economy in 1991 and then promptly closed two years later. Our vertically-integrated real estate investment group focuses on profitable opportunities within the Western United States. They feature, for example, different fonts, inverted color schemes, and one includes the additional words "Capital Partners." 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. 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. 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." 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. Stockdales managing director for hospitality, Bill Doak, confirmed the sale but would not provide an exact dollar amount. 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 lawsuit. 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. In the process, the developer hopes to create thousands of high-paying jobs and hundreds of millions of dollars if not billions in yearly economic impact. Gary Stockdale. Indeed, "Stockdale" is not defined in the dictionary. "Stockdale" was chosen as a reference to Stockdale, California, where the company was founded. Katrina has 7 jobs listed on their profile. The best employees, having . The environment feels very comfortable and very artistic.. buried verbs and zombie nouns examples how to increase accuracy in lstm model. 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 isnt the only investor in downtown San Diego targeting tech tenants. Stockdale Capital Partners has also raised a fund. Id. Industry: Venture capital companies Printer Friendly View Address: 10850 Wilshire Blvd Los Angeles, CA, 90024-4305 United States v. Smack Apparel Co., 550 F.3d 465, 474 (5th Cir. Defendants contend that "Stockdale" is at best merely descriptive because it is a surname and because it is geographically descriptive. 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. Id. 41-1 at 112). Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 2d at 698, typically ranging between $50 million and $200 million and at times reaching up to $400 million. Although Plaintiff testified that it does not track its advertising expenditures, id. 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. See (Doc. No. The refit of Anodyne began when an American owner acquired a 98-foot (approximately 29.9-meter) Inace motoryacht in 2014, then-named Boundless.