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. Moreover, as the USPTO further determined, the mark has the structure and pronunciation of a surname, there is no stylization associated with the mark that would remove its primary significance from being that of a surname, and the mark has no other known meanings. In a trademark case, "[a]lthough the secondary meaning of a mark and the likelihood of confusion are ordinarily questions of fact, summary judgment may be upheld if the summary judgment record compels the conclusion that the movant is entitled to judgment as a matter of law." She worked as a multimedia journalist and anchor at WRTV in Indianapolis. Louisville Football 2020 Stats, A massive adaptive reuse project in downtown San Diego, Campus at Horton, signals the start of an urban lab boom. 300,000 square feet to make room for offices. Along the canal, Stockdale . Plaintiff also attempted to register "Stockdale" as a trademark with the U.S. Patent and Trademark Office (the "USPTO"), but was denied the registration in 2018 on the basis that "Stockdale" is primarily a surname. Jane has 5 jobs listed on their profile. VIEW OUR HISTORY Investment Strategy. Co-Founders Shawn and Steven Yari, with the property at 1740 Ocean Avenue (Google Maps . Stockdale Capital Partners and Jasper Ridge Partners have formed an institutional joint venture to recapitalize $142.5M Galleria Corporate Center in Scottsdale, AZ. Stockdale acquired the leasehold interest in the Le Merigot and did not seek financing, Doak said. 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. LOS ANGELESStockdale Capital Companions (Stockdale), a Los Angeles-based, vertically-integrated actual property funding company, bought the DoubleTree Suites Salt Lake Town Downtown. No. Los Angeles-based Stockdale's planned $275 million . 1225(a), unfair competition under 15 U.S.C. for Good Gov't, 901 F.3d at 508. However, while empirical evidence such as consumer surveys is the strongest evidence of secondary meaning, it is not required. (Doc. 41-1 at 112). Cir. Earnhardt v. Kerry Earnhardt, Inc., 864 F.3d 1374, 1377 (Fed. Our vertically-integrated real estate investment group focuses on profitable opportunities within the Western United States. 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. v. Smack Apparel Co., 550 F.3d 465, 474 (5th Cir. 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. Sch. Even sophisticated real estate entities may, at least initially, believe that the two parties are affiliated with one another, which could cause reputational harm. 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. ACACDC-33568730) filed by Defendant Stockdale Capital Partners, LLC. Defendants maintain that they do not engage in any advertising, marketing, or sponsorships. 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. 2016); see also Smack Apparel Co., 550 F.3d 465 (5th Cir. This factor is neutral. Id. It opened to great fanfare in 1985. 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. The new owners, Stockdale Capital Partners, bought Horton Plaza just over a year ago and have now been sued by one of its last remaining tenants, Macy's Department Store. 34). (Doc. . 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. Its suit is based on its leases which grant them veto power over any changes. Monday, Nov 28, 2022 . 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. Renamed The Campus at Horton, the redeveloped mall will include 700,000 square feet of office space and 300,000 square feet of retail. Defendants contend that "Stockdale" is at best merely descriptive because it is a surname and because it is geographically descriptive. 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). 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." 4:18-cv-2949 (S.D. No. Details on the settlement were not released. What do you want to hear hosts Jade Hindmon and Maureen Cavanaugh talk about on Midday? 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. 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 is a growing Los Angeles based vertically-integrated real estate investment firm, affiliated with Stockdale Management, a property management firm. 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. Defendants "are primarily focused on the acquisition and development of real estate for commercial uses" and seek investments from "ultra-high net worth individuals." (Doc. 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. SIGNED at Houston, Texas, on this the 15th of October, 2019. Stockdale Capital Partners announced the agreement reached with Macy's to allow the downtown San Diego project to move forward. RP 74. capital or securities . invitation to love poem analysis; how to take care of your soul sermon; list of largest unsupported domes in the world. Stockdale Capital Partners has until December 2022 to deploy a $550 million fund it closed in February of last year, according to Dan Michaels, managing director of the Los Angeles-based private . All. for Better Gov't, 901 F.3d 498, 505 (5th Cir. No. 2d 679, 698 (S.D. Defendants have demonstrated that their real estate investments are a "big ticket" item, RE/MAX Int'l, Inc., 655 F. Supp. google classroom parent letter Both programs also aired on public television stations nationwide. 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. 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. Tex. 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. 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. Despite the pandemic, Stockdale has embarked on a $12 million refurbishing effort to attract life science users. A genuine issue of material fact exists if a reasonable jury could enter a verdict for the non-moving party. Before the Court is Defendants' Motion for Summary Judgment. Plaintiff also sought a permanent injunction, which the Court denied in January 2019. They feature, for example, different fonts, inverted color schemes, and one includes the additional words "Capital Partners." Subscribe. Veritas $450M loan default: A sign of things to come? 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. Id. 34-8 at 2). 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. Westwood-based Stockdale is just the latest Los Angeles-based investment firm to hunt for hotel acquisitions in the pandemic. Sep 3, 2020. Defendant's intent. Westfield did not respond to a request for comment. Here, as discussed supra, "Stockdale" is descriptive and there is a genuine question of fact as to whether it has acquired secondary meaning. 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. Id. 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. at 6. The headquarter was located at 5151 Stockdale Highway, Bakersfield, CA 93309. Mr. RP 74. Pebble Beach Co. v. Tour 18 1 Ltd., 155 F.3d 526, 540 (5th Cir. 1971). Read employee reviews and ratings on Glassdoor to decide if Stockdale Capital Partners is right for you. Bd. I cover real estate development, fundamentals and finance. Once-prominent real estate salesman David Crisp last week received two new default notices on the Stockdale Highway offices he bought in April and was named in a lawsuit demanding repayment The redevelopment is a mixed-use project centered on offices with some retail, renamed . Once a movant meets this burden, the burden shifts to the nonmovant to show the existence of a genuine fact issue for trial. Located in Scottsdale, Arizona, the new multi-family development will incorporate 260 units. Stockdale acquired the mall in 2018 from 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. Marriott Le Merigot hotel in Santa Monica sold . A descriptive mark can only be protectible when it has acquired secondary meaning. 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. It focuses on the "real estate design, construction, and property management space." 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 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 . 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). Westwood-based Stockdale Capital Partners recently secured a $550 million real estate opportunity fund called SCP Real Estate Opportunities Fund I. Id. Westfield for $175 million. By contrast, generic marks "refer to the genus of which the particular product is a species," and thus are never registrable as trademarks. The evidence and inferences must be viewed in the light most favorable to the nonmoving party. The whimsical and colorful Horton Plaza Mall sits nearly empty on a corner of downtown San Diego. 10850 Wilshire Blvd Ste 1050, Los Angeles, California, 90024, United States. Company profile page for Stockdale Capital Partners LLC including stock price, company news, press releases, executives, board members, and contact information Stockdales plans would reduce retail space in No. 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. 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. Id. Copyright 2023 NBCUniversal Media, LLC. 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. Stockdale plans to convert the mall that sparked development of the Gaslamp Quarter into a mixed-use development centered on new offices. 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 . 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. If a mark has acquired secondary meaning, it is deemed to be a strong mark. March 6, 2017. Id. 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. Asset include: commercial office, medical office/life science, hospitality, retail and mixed-use. Here, the designs of the two marks, taken as a whole, are certainly distinguishable. The mall opened in 1985 but has grown obsolete All Rights Reserved. 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. Last year, Stockdale Capital purchased for approximately $70 million the Class A medical laboratory and office building, formally known as the Henkel Corporate offices at Scottsdale Road and Loop 101. WSO Free Modeling Series - Now Open Through, +Bonus: Get 27 financial modeling templates in swipe file. While there, she launched The Weekend Edition of Good Morning Indiana and generated breaking news content for both broadcast and digital platforms. The court can consider any evidence in "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any." 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. (Doc. (Doc. A mark is protectable if it is distinctive, meaning it must be "capable of distinguishing the applicant's goods from those of others." The new owner of The Shops at Northfield has added the real estate occupied by Macy's. An entity affiliated with Los Angeles-based Stockdale Capital Partners paid $8 million last week for the Macy's property at 8298 Northfield Blvd. No. . UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION. Lincoln Property Company (LPC), one of the largest full-service real estate firms in the United States - owning and managing over 400 million square . Plaintiff, on the other hand, avers that the parties acquire the same types of properties, offer property management services, and perform similar business activities. Copyright 2023 NBCUniversal Media, LLC. The Court evaluates each in turn. Rabobank was the successor institution. Similarity of the marks. The goal is to finish the redevelopment of the mall in the second quarter of 2022, Divinsky said. 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. The Court made that decision in response to a lawsuit filed by the Sierra Club. The Company invests, owns, and operates multiple asset classes. Founded in 2010, Stockdale Capital Partners is a real estate investment firm focused on owning and acquiring assets in the western United States. They contended Columbia Sussex accepted $63 million in PPP funding intended to keep workers employed, but ended up laying off thousands of people. 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.

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