A 19-story residential tower is in the works on the grounds of Our Lady of Mt. 300,000 square feet to make room for offices. 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. 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. 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. It markets itself as "Stockdale," and has operated continuously under that name since its inception in 1989. The strength of a mark is determined by the quality of the mark and, more importantly, by the degree to which it is recognized in the marketplace. 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. Xtreme Lashes, 576 F.3d at 231. Subscribe. Id. The Court agrees. "Stockdale" was chosen as a reference to Stockdale, California, where the company was founded. Allegations of unpaid labor, bribery, and more surround the initial lawsuit and a countersuit. However, it remains unfinished, currently sitting in a South Florida shipyard. Two Pesos, Inc., 505 U.S. at 768 (citing Abercrombie & Fitch Co. v. Hunting World, Inc., 537 F.2d 4, 9 (2d Cir. Macy's filed a lawsuit to stop Stockdale Capital Partners' project. 2d 679, 698 (S.D. Tex. Both programs also aired on public television stations nationwide. Stockdales managing director for hospitality, Bill Doak, confirmed the sale but would not provide an exact dollar amount. It could add an additional 1.5 million square feet of office space and other amenities down the road. Lincoln Property Company (LPC), one of the largest full-service real estate firms in the United States - owning and managing over 400 million square . Rendering courtesy of Stockdale Capital Partners The company purchased Horton Plaza, a once-vibrant downtown mall, from Westfield in August 2018, with the intention of transforming the post-modern buildings into a life science destination encompassing 770,000 square feet of office space. Smack Apparel, 550 F.3d at 478. Along the canal, Stockdale . In late January, three of its hotels were in foreclosure and the firm had at least $1.3 billion in CMBS debt, Bloomberg reported. No. 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." Size: 433,132 square feet, 10 stories. No. Viacom Int'l, 891 F.3d at 193. 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. Full title:STOCKDALE INVESTMENT GROUP INC. D/B/A STOCKDALE, Plaintiff, v. STOCKDALE, Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION. 41-9). See (Doc. The company in January reached a settlement of a lawsuit that had been filed by Macys. 53 at 18). Id. Finally, Plaintiff was recognized in the Dallas Business Journal as one of the "Best Places to Work" in 2016, 2017, and 2018. Authors Channel Summit. 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. or Want to Sign up with your social account? Keep up with all the latest news, arts and culture, and TV highlights from KPBS. 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. The J.W. Stockdale plans to update and reposition the hotel while stabilizing . The whimsical and colorful Horton Plaza Mall sits nearly empty on a corner of downtown San Diego. (Doc. why is there a plague in thebes oedipus. Recruiters / other best ways to find remote RE jobs? If a mark has acquired secondary meaning, it is deemed to be a strong mark. (John Kelley, John Gibbins, Jennifer Van. Only three claims for relief remain at issue in this case; Plaintiff withdrew counts II, III, VII, and VIII in its Second Amended Complaint. 3d 573, 589 (S.D. 53 at 15). 3d 1151, 1159 (S.D. Tex. Stay current on our latest investment opportunities and news affecting todays real estate investment industry. "We are gearing up to really get aggressive and. The Fund is currently required to allocate net capital gains and ordinary income taxable for U.S. federal income tax purposes, if any, proportionately between Common Shares . Stockdale Capital Partners is a growing Los Angeles based vertically-integrated real estate investment firm, affiliated with Stockdale Management, a property management firm. A likelihood of confusion requires a "probability of confusion, which is more than a mere possibility of confusion." Westfield for $175 million. 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. No. Where the likelihood-of-confusion analysis is closely balanced, the question should be resolved in favor of the senior user. Field, flows and flares - horizontal drilling good-to-go. (2008) and Mamma Mia! SIGNED at Houston, Texas, on this the 15th of October, 2019. The parties dispute the extent to which their real estate services overlap. (Doc. Here, as discussed supra, "Stockdale" is descriptive and there is a genuine question of fact as to whether it has acquired secondary meaning. The mall opened in 1985 but has grown obsolete 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.. By Posted student houses falmouth 2021 In jw marriott panama concierge lounge 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. Mr. RP 74. Sorry, you need to login or sign up in order to vote. 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?!" Plaintiff contends that the mark is arbitrary. Stockdale Capital Partners bought the 175-key hotel. 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. 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. 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). Prior to making San Diego home, Jade worked in markets across the Southeast and Midwest, building a network of sources to tell the stories of people in each community. Opinions expressed by Forbes Contributors are their own. Id. for Better Gov't, 901 F.3d 498, 505 (5th Cir. Stockdale Capital Partners bought the 175-key hotel. Cho, through his firm Mitaa Group, owns a handful of commercial properties . 1052(e); World Carpets, Inc. v. Dick Littrell's New World Carpets, 438 F.2d 482, 487 (5th Cir. Could more local solutions work. Every story is a dose of insight into how to run a better, more efficient, more profitable business. Sep 3, 2020. 41-8); and it has sponsored various events such as the Design Week Dallas, 2018 Thrift Studio, and Light Up Lakewood (Doc. at 508-09. A mark is protectable if it is distinctive, meaning it must be "capable of distinguishing the applicant's goods from those of others." Bd. The California-based investment firm owns hotels in Scottsdale, Arizona, and medical and office space in California. P. 56(a). The firm did not respond to multiple requests for comment. KEITH P. ELLISON UNITED STATES DISTRICT JUDGE. 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. 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." Los Angeles, California. But not his teammates. (Doc. Mark similarity "is determined by comparing the marks' appearance, sound, and meaning." at 248-49. Los Angeles /. 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. 2019). Plaintiff relocated its headquarters to Texas in 2012. The evidence and inferences must be viewed in the light most favorable to the nonmoving party. Stream Live Now ; News; Recent Coverage; Originals; Trials; Court TV Mystery; Talent; About Us; Press; Contact Real Estate Private Equity. All rights reserved 2023 The Real Deal is a registered Trademark of Korangy Publishing Inc. 2009). Louisville Football 2020 Stats, All. 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). Monday, Nov 28, 2022 . Defendants maintain that they do not engage in any advertising, marketing, or sponsorships. Id. Inc., 852 F.2d at 556. Anyone familiar with the culture, hours, and comps for investment associate at Stockdale Capital Partner? Pat Finn previously served as a producer for KPBS Midday Edition and KPBS Evening Edition. Plaintiff also sought a permanent injunction, which the Court denied in January 2019. Defendants have demonstrated that their real estate investments are a "big ticket" item, RE/MAX Int'l, Inc., 655 F. Supp. (John Kelley, John Gibbins, Jennifer Van Grove). View Jane Stockdale's profile on LinkedIn, the world's largest professional community. Id. 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 . A genuine issue of material fact exists if a reasonable jury could enter a verdict for the non-moving party. Veritas $450M loan default: A sign of things to come? (Stockdales) plan is thoughtful. (Courtesy Stockdale Capital Partners) The project, named The Campus at Horton, . Make your practice more effective and efficient with Casetexts legal research suite. 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. at 10. . No. Menu. 53). Provide . 41-4 at 117), (Doc. Stockdale acquired the mall in 2018 from Westfield for $175 million. Id. 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. Macy's filed a lawsuit to stop Stockdale Capital Partners' project. 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. "Stockdale" was chosen as a reference to Stockdale, California, where the company was founded. RE/MAX Int'l, Inc. v. Trendsetter Realty, LLC, 655 F. Supp. 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. 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. (internal quotation marks omitted). Wal-Mart Stores, Inc., 529 U.S. at 210-11. 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.") Stockdale Capital Partners purchased a 175-key hotel. Id. There, the plaintiff, a self-storage services company, sued a competitor for infringing upon its use of a particular star symbol. 41-7) and the International Council for Shopping Centers (Doc. Stockdale Capital Partners is now laying the groundwork to transform Horton Plaza into San Diegos next big economic windfall: a modern office campus. Macy's is not sold on the idea. No. invitation to love poem analysis; how to take care of your soul sermon; list of largest unsupported domes in the world. 2016); see also Smack Apparel Co., 550 F.3d 465 (5th Cir. Notably, Plaintiff does not provide empirical evidence connecting Plaintiff's efforts to their efficacy in altering consumer association. February 22, 2017. 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." 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. 34-8 at 2). Stockdale Capital Partners, LLC Nov 2022 - Present 5 months. B-1); it advertises its properties and brand in trade magazines and on websites (Doc. Id. Defendants have used the name "Stockdale" continuously since their collective inception in 2013. Downtowns retail dead zone Horton Plaza is headed for permanent retirement. 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. Stockdale Capital Partners has sold two medical office properties in Beverly Hills and Santa Monica in a $156 million deal. See, e.g., (Doc. Plaintiff relocated its headquarters to Texas in 2012. Defendants "are a family of real estate investment, development, and management companies headquartered in Los Angeles." "The main elements of Horton Plaza that of architectural significance are associated with the internal courtyard it has which is kind of a connecting spine,. 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. Tex. Prior to Indianapolis, she was an anchor and multimedia journalist at FOX Carolina in Greenville, SC. Texas Outhouse Inc. v. Fresh Can, LLC, 266 F. Supp. 34-5 at 138:15-24). 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. 1988)). The USPTO denied Plaintiff's application to register "Stockdale" in October 2018 on the basis that it is primarily a surname. Attorneys At Baird Holm we are always looking for talented attorneys to help strengthen our firm. william lupo obituary stockdale capital lawsuit. By Posted halston hills housing co operative In anson county concealed carry permit renewal No. stockdale capital lawsuit Marriott Le Merigot hotel in Santa Monica sold . . Stockdale acquired the leasehold interest in the Le Merigot and did not seek financing, Doak said. Defendants "are primarily focused on the acquisition and development of real estate for commercial uses" and seek investments from "ultra-high net worth individuals." Amazing Spaces, Inc. v. Metro Mini Storage, 608 F.3d 225, 230 n.7 (5th Cir. Unlock with your email and get bonus: 6 financial modeling lessons free ($199 value). (Doc. This factor is neutral. 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." Stockdales plans would reduce retail space in 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. Rabobank was the successor institution. In each newsletter, we also highlight settlements that are ending soon, helping to ensure you don't miss out on money you're owed. 41-1 at 42, 97). "We're thrilled to work on our first project for Stockdale Capital Partners," shared Jim Kurtzman . "Everything along 1st Avenue is being redone, the former Nordstrom, the former Mervyn's," Divinsky said. The total fine was more than $2million. Actual confusion. 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. Music Department: Star Trek Beyond. Similarity of the services and purchaser identity. 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 . 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. Los Angeles-based Stockdale's planned $275 million . 53 at 16). 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. Stockdale acquired the mall in 2018 from Westfield for $175 million. Id. The lobby of the Galleria in Scottsdale, Ariz. That process may hinge around a successful resolution to a lawsuit brought against Westfield in late May by disgruntled Horton Plaza tenant Jimbos. at 7, 9. 20 Stockdale jobs available on Indeed.com. 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. 61.7 F. Los Angeles. No. buried verbs and zombie nouns examples how to increase accuracy in lstm model. Appx. 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. The Yaris' company, Stockdale Capital Partners, filed plans in November for a 269-room hotel facing Camelback Road, featuring a rooftop pool and street-level shops. 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. Read employee reviews and ratings on Glassdoor to decide if Stockdale Capital Partners is right for you. institutions including The Carlyle Group, Highbridge Capital and Morgan Stanley. 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. 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 . stockdale capital lawsuit. (Doc. Stockdale plans to redevelop the mall into a $275 million high-tech office space with fitness studios and restaurants on the ground floor. 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.
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