Improper Integrals Examples. 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. The Campus at Horton will include 700,000 square feet ofoffice space that will be home to 3,000-4,000 new high-quality jobs. To determine whether such a likelihood of confusion exists, courts consider a non-exhaustive list of so-called "digits of confusion," including: (1) strength of the mark, (2) mark similarity, (3) product or service similarity, (4) outlet and purchaser identity, (5) advertising media identity, (6) defendant's intent, (7) actual confusion, and (8) care exercised by potential purchasers. 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. Ticketmaster Dallas Stars, 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. The whimsical and colorful Horton Plaza Mall sits nearly empty on a corner of downtown San Diego. of Houston Sys. Actual confusion. "Stockdale" was chosen as a reference to Stockdale, California, where the company was founded. Los Angeles-based Stockdale's planned $275 million . Los Angeles /. But in October, eight Congress members including three from the L.A. area asked the Small Business Administration to investigate Columbia Sussex for allegedly misusing the funds. Company profile page for Stockdale Capital Partners LLC including stock price, company news, press releases, executives, board members, and contact information Id. See, e.g. 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. Could more local solutions work. Design work on the 10-acre project is being led by Retail Design Collaborative and Rios, Clement Hale. Advertising media identity. They feature, for example, different fonts, inverted color schemes, and one includes the additional words "Capital Partners." Katrina has 7 jobs listed on their profile. 1225(a), and unfair competition under Texas common law. No. (John Kelley, John Gibbins, Jennifer Van. Located in Scottsdale, Arizona, the new multi-family development will incorporate 260 units. (Doc. For the foregoing reasons, the Court DENIES Defendants' Motion for Summary Judgment. 61.7 F. Los Angeles. Id. The Court agrees. I was exhausted., Do Not Sell/Share My Personal Information. Kentucky-based Columbia Sussex sold the 175-key. is not active anymore since 2001-05-24 due to Merger - Without Assistance. The Court finds neither the passing email inquiry nor allusions to third parties' confusion to be compelling evidence of actual confusion. 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. Stockdale plans to update and reposition the hotel while stabilizing . at 248-49. As the USPTO determined, "Stockdale" as a surname is not rare, with 6013 entries in the Lexis database. The organisation's status is listed as "Active". 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. May 2021 - Present7 months. 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 . The Court evaluates each in turn. 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. Defendants now move for summary judgment. 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. Tex. 34). (internal quotation marks omitted). Attorneys At Baird Holm we are always looking for talented attorneys to help strengthen our firm. 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. Exterior construction will begin shortly with 600-800 construction workers expected [] Stockdale Capital Partners is now laying the groundwork to transform Horton Plaza into San Diegos next big economic windfall: a modern office campus. 41-7) and the International Council for Shopping Centers (Doc. 2017) (quoting In re Hutchinson Tech., Inc., 852 F.2d 552, 554 (Fed. 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." Finally, Plaintiff was recognized in the Dallas Business Journal as one of the "Best Places to Work" in 2016, 2017, and 2018. 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. See you on the other side! Stockdale acquired the mall in 2018 from Westfield for $175 million. 41-15 Ex. RP 74. capital or securities . Century, 295 Fed. 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. San Diego Union-Tribune reporter Jennifer Van Grove joins Midday Edition to explain the lawsuits and and the cutrrent status of the mall. Marriott Le Merigot hotel in Santa Monica sold . Los Angeles, California. Stockdale acquired the mall in 2018 from Westfield for $175 million. "A finding of a likelihood of confusion is a finding of fact." By Posted student houses falmouth 2021 In jw marriott panama concierge lounge LOS ANGELESStockdale Capital Partners (Stockdale) announced that it has acquired The Marker hotel in San Francisco for $77 million from Pebblebrook Hotel Trust. Id. Id. 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). No. The open air shopping center at 8340 Northfield Blvd. in Denver, according to public records. of Supervisors for La State Univ. stockdale capital lawsuit. February 22, 2017. Stockdale acquired the leasehold interest in the Le Merigot and did not seek financing, Doak said. Apply to Senior Financial Accountant, Realtor, Line Cook/prep Cook and more! Stockdale plans to convert the mall that sparked development of the Gaslamp Quarter into a mixed-use development centered on new offices. President SIXONENINE Design + Development, LLC Sep 2017 - Present 5 years 7 months. for Better Gov't, 901 F.3d 498, 505 (5th Cir. 4:18-cv-2949 (S.D. 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. A mark is primarily merely a surname if the surname "is the primary significance of the mark as a whole to the purchasing public." Co-founders Sean and Stephen Yari, Property on 1740 Ocean Avenue (Google Maps) JW Marriott Rumelia Gott Hotel Santa monica Sold to Stockdale Capital Partners for about $ 75 million Genuine Have learned.. Bill Doak, Managing Director of Hospitality at Stockdale, confirmed the sale but did not provide the exact amount. Mar. for Good Gov't v. Coal. Id. Id. Smack Apparel, 550 F.3d at 478. 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. Stockdales managing director for hospitality, Bill Doak, confirmed the sale but would not provide an exact dollar amount. Last week, San Diego Mayor Kevin Faulconer and several area businessmen sent Macy's CEO Jeff Gennette a letter asking them not to sue. (Doc. See In re Hutchinson Tech. VIEW OUR HISTORY Investment Strategy. Nexera is owner and operator of the Lavernia, Wooden Horse and Stockdale Horizon . The Court finds that Stockdale is at best descriptive as merely a surname, and accordingly does not discuss whether the mark is geographically descriptive. Stockdale Capital Partners is part of the Real Estate industry, and located in California, United States. Id. Size: 433,132 square feet, 10 stories. 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. 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. Co-Founders Shawn and Steven Yari, with the property at 1740 Ocean Avenue (Google Maps . 34-8 at 2). 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. Details on the settlement were not released. The company is an owner-operator specializing in the redevelopment and. Seller: Principal Real Estate Investors. . at 248. (Doc. While the Jon Jerde-designed center attracts almost no customers today, it does attract lawsuits. Read employee reviews and ratings on Glassdoor to decide if Stockdale Capital Partners is right for you. In May, it sold . 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. (Doc. 41-8); and it has sponsored various events such as the Design Week Dallas, 2018 Thrift Studio, and Light Up Lakewood (Doc. The goal is to finish the redevelopment of the mall in the second quarter of 2022, Divinsky said. See, e.g., Viacom Int'l, 891 F.3d at 191. Details on the settlement were not released. Xtreme Lashes, 576 F.3d at 231. See SA Bay LLC v. Hall, 849 F. Supp. "Everything along 1st Avenue is being redone, the former Nordstrom, the former Mervyn's," Divinsky said. Defendants urge that the evidence presented here is more analogous to that in Amazing Spaces, Inc., 608 F.3d at 225. In another instance, Hunter Brous, a real estate broker, testified that in past discussions with third parties regarding Stockdale Investment Group and Stockdale Capital, "people have been confused about it or asked, is this the group in California?" 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. Macy's is not sold on the idea. 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. This factor is neutral. The Court made that decision in response to a lawsuit filed by the Sierra Club. Amazing Spaces, Inc. v. Metro Mini Storage, 608 F.3d 225, 237 (5th Cir. (John Kelley, John Gibbins, Jennifer Van Grove). & Mech. 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. No. Stockdale plans to redevelop the mall into a $275 million high-tech office space with fitness studios and restaurants on the ground floor. A massive adaptive reuse project in downtown San Diego, Campus at Horton, signals the start of an urban lab boom. 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. The developer expects to complete the first phase in 2020, although the plans are subject to city approval. If we can get some of those high-paying tech jobs to downtown people will able to live and work in the same place.. No. See the complete profile on LinkedIn and discover Jane's connections and jobs at similar companies. Only three claims for relief remain at issue in this case; Plaintiff withdrew counts II, III, VII, and VIII in its Second Amended Complaint. Defendants "are a family of real estate investment, development, and management companies headquartered in Los Angeles." 53). 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. Stockdale Capital Partners plans to resurrect the former Horton Plaza Mall, a . (Doc. 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. Stockdale Capital Partners zeros in on significant real estate value opportunities that provide timely, consistent, and repeatable returns. 2019). . Kurt Petersen, co-president of Unite Here Local 11, said he was excited to work with Stockdale, adding union members want peace, not to continue the war.. No. All Rights Reserved. About Stockdale Capital Partners Founded in 2010, Stockdale Capital Partners is a real estate investment firm with 214 years of combined experience. Plaintiff is a real estate services company operating in Texas, California, and North Carolina. Lawsuit: Sacramento police uses force against racial justice protests but ignores Proud Boys . Annualized for September 30, 2021 and September 30 . See In re Hutchinson Tech. Pat Finn previously served as a producer for KPBS Midday Edition and KPBS Evening Edition. 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." It registered the name "Stockdale, LLC" and "Stockdale Capital" with the Texas Secretary of State in 2014 and 2017, respectively. Bainbridge DXS and its management wing Torrey Pines Hotel Group, launched a $500 million fund earlier this year to buy up to 200 distressed properties. 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. 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. We're championing. Jul 2018 - Present3 years 2 months. No. The . Please visit our associate and lateral pages to learn more about the positions and a career at Baird Holm. Courts in the Fifth Circuit have found secondary meaning even in the absence of empirical evidence. 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. 34-2 8). Stockdale Capital buys 175-key hotel from Columbia Sussex, which was accused of misusing PPP funds, Stockdale Capital Partners bought the 175-key hotel. No. Id. Westwood-based Stockdale is just the latest Los Angeles-based investment firm to hunt for hotel acquisitions in the pandemic. And a day-to-night ambience, complete with an upgraded Lyceum Theater, is intended to be inviting for workers, downtown dwellers and Gaslamp visitors. Founded in 2010, Stockdale Capital Partners is a real estate investment firm focused on owning and acquiring assets in the western United States. (Doc. No. Disciplined, effective property operations and improvements. The record evidence raises factual questions regarding the extent to which the parties' real estate services overlap. 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. Summary judgment is proper when there is no genuine dispute as to any material fact and the moving party is entitled to judgment as a matter of law. The Company invests, owns, and operates multiple asset classes. Downtowns retail dead zone Horton Plaza is headed for permanent retirement. Stockdale Capital Partners has sold two medical office properties in Beverly Hills and Santa Monica in a $156 million deal. They proposed an "innovation hub" focused on technology and biotechnology companies. 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. Stockdale Capital Partners and Jasper Ridge Partners have formed an institutional joint venture to recapitalize $142.5M Galleria Corporate Center in Scottsdale, AZ. 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." What do you want to hear hosts Jade Hindmon and Maureen Cavanaugh talk about on Midday? Deleniti a sapiente doloribus et rerum. 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. Plaintiff relocated its headquarters to Texas in 2012. How Much Do Twitch Streamers Make Per Ad, Marriott Le Merigot hotel in Santa Monica sold to Stockdale Capital Partners for around $75 million, The Real Deal has learned. the mall from the 600,000 square feet that was required in deed restrictions to 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. Similarity of the marks. 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. (Doc. The departure of Nordstrom in 2016, a preponderance of empty storefronts and a significant homeless presence in the adjacent Horton Plaza Park locally dubbed Homeless Plaza have all but doomed the propertys appeal as a shopping hub. 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. 2016); see also Smack Apparel Co., 550 F.3d 465 (5th Cir. "We are gearing up to really get aggressive and. 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). Additionally, it intends to turn a path that winds through the development into a public boardwalk. Before the Court is Defendants' Motion for Summary Judgment. 34-8 at 2). Two Pesos, 505 U.S. at 769. Excel Best Practices To Avoid A Black Box Model. Construction Efforts to Redevelop Horton Plaza to Continue in Earnest SAN DIEGO (March 9, 2020) -- Today, Stockdale Capital Partners ("Stockdale") announced the closing of a $330 million loan with a group of funds managed by Alliance Bernstein to continue redevelopment efforts at Horton Plaza. 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. Defendants maintain that they do not engage in any advertising, marketing, or sponsorships. The mall was designed by architect Jon Jerdeand opened in 1985 in the citys historic Gaslamp Quarter. (Doc. All rights reserved 2023 The Real Deal is a registered Trademark of Korangy Publishing Inc. Going Vertical 300,000 square feet to make room for offices. Accordingly, Plaintiff's mark is descriptive as a surname. Recruiters / other best ways to find remote RE jobs? While there, she launched The Weekend Edition of Good Morning Indiana and generated breaking news content for both broadcast and digital platforms. 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. 53 at 18). The goal of this section is to provide consumers with a comprehensive resource on class action and mass tort lawsuits. 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 . LOS ANGELESStockdale Capital Companions (Stockdale), a Los Angeles-based, vertically-integrated actual property funding company, bought the DoubleTree Suites Salt Lake Town Downtown. A defensive stalwart, Oswego Easts Tyler Jasek surprises Joliet West. ACACDC-33568730) filed by Defendant Stockdale Capital Partners, LLC. The other two instances provide a somewhat more tenable basis for actual confusion. 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'. 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?!" The total square footage of the properties, located at 9090 Wilshire. Westfield did not respond to a request for comment. It markets itself as "Stockdale," and has operated continuously under that name since its inception in 1989. Stockdale Capital Partners. Moreover, both parties acknowledge that potential consumers in the real estate industry exercise a high degree of due diligence in their dealings. institutions including The Carlyle Group, Highbridge Capital and Morgan Stanley. Lincoln Property Company (LPC), one of the largest full-service real estate firms in the United States - owning and managing over 400 million square . 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. Unlock with your email and get bonus: 6 financial modeling lessons free ($199 value). The flashy-at-the-time shopping center, designed with a Disneyland-meets-Italian-hills vibe, was seen as a model of urban development. Westwood-based Stockdale Capital Partners recently secured a $550 million real estate opportunity fund called SCP Real Estate Opportunities Fund I. Stockdale Capital Partners announced that it has Stockdale Capital Partners offers enhanced returns through extensive market knowledge in streamlined acquisitions and well-managed property operations, all while preserving capital. Oct. 15, 2019). Stockdale Capital Partners serves customers in the States . 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. Glassdoor has 3 Stockdale Capital Partners reviews submitted anonymously by Stockdale Capital Partners employees. The California-based investment firm owns hotels in Scottsdale, Arizona, and medical and office space in California. 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. buried verbs and zombie nouns examples how to increase accuracy in lstm model. Id. Subscribe. 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. 2017) (internal citation omitted). Founded in 2010, Stockdale Capital Partners is a real estate investment firm with 214 years of combined experience. of Regents of the Univ. 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. V. Houston Coll. KEITH P. ELLISON UNITED STATES DISTRICT JUDGE. Inc., 852 F.2d at 556. at 8. 3d 1151, 1159 (S.D. In total, the project will cost about $450 million to develop. 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.