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 . It further contends that there is no likelihood of confusion between Plaintiff and Defendants' marks. I cover real estate development, fundamentals and finance. Stockdale Capital Partners plans to resurrect the former Horton Plaza Mall, a . This factor is neutral. Defendants "are primarily focused on the acquisition and development of real estate for commercial uses" and seek investments from "ultra-high net worth individuals." It opened to great fanfare in 1985. STOCKDALE INVESTMENT GROUP INC. D/B/A STOCKDALE, Plaintiff, v. STOCKDALE CAPITAL PARTNERS, LLC, et al, Defendants. 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." Lawsuit: Sacramento police uses force against racial justice protests but ignores Proud Boys . 53 at 15). is not active anymore since 2001-05-24 due to Merger - Without Assistance. the mall from the 600,000 square feet that was required in deed restrictions to See, e.g. Last week, San Diego Mayor Kevin Faulconer and several area businessmen sent Macy's CEO Jeff Gennette a letter asking them not to sue. No. stockdale capital lawsuit. 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. By Isabella Farr. 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." RP 74. capital or securities . Id. Stockdale acquired the mall in 2018 from Westfield for $175 million. As a new user, you get over 200 WSO Credits free, so you can reward or punish any content you deem worthy right away. No. 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. However, while empirical evidence such as consumer surveys is the strongest evidence of secondary meaning, it is not required. Id. Asset include: commercial office, medical office/life science, hospitality, retail and mixed-use. 2019). Its a lofty vision that depends on high-profile tenants committing to the project and can be only realized once Stockdale Capital closes the transaction. We need to have a vibrant space there, said Betsy Brennan, president and CEO of the Downtown San Diego Partnership. stockdale capital lawsuit No. 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. 2012) (quoting Am. Id. 41-15 Ex. Tex. State of the art equipment in a caring environment. Location & Hours 4000 Empire Dr Ste 100 Bakersfield, CA 93309 Get directions Edit business info Amenities and More All staff fully vaccinated Masks required Staff wears masks Accepts Credit Cards (Doc. This factor is neutral. Lincoln Property Company (LPC), one of the largest full-service real estate firms in the United States - owning and managing over 400 million square . 2008). Find the best employment attorney serving Stockdale. No. V. Houston Coll. 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. It has secured a $550 million real estate opportunity fund to look at new opportunities. 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. Bd. stockdale capital lawsuit. Where the likelihood-of-confusion analysis is closely balanced, the question should be resolved in favor of the senior user. (Stockdales) plan is thoughtful. In 1979 she became KPBS Public Information Director, then Director of Advertising and Promotion, Program Director, and Director of Broadcasting. Along the canal, Stockdale . Inc., 852 F.2d at 556. See, e.g., (Doc. However, actual confusion need not be proven to establish a likelihood of confusion; this factor is accordingly neutral. The Court made that decision in response to a lawsuit filed by the Sierra Club. 2009). Joseph Wong Design Associates is designing that project, and JLL is in charge of leasing. 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. The parties dispute the extent to which their real estate services overlap. Texas Outhouse Inc. v. Fresh Can, LLC, 266 F. Supp. of Law, 214 F. Supp. Both programs also aired on public television stations nationwide. 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 . at 638). The Trademark Board considers several factors in determining the primary significance of the mark to the purchasing public, including: (1) the rarity of the name, (2) whether it is the name of the applicant, (3) whether there is a significant non-surname meaning, (4) whether the designation has the look and sound of a surname, and (5) whether the context of use contributes to the perception of the designation as a surname. Menu. 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. However, such usage is not dispositive of the primary significance of "Stockdale" to the public and, in any event, this evidence does not overcome the USPTO's prima facie case against registration. The open air shopping center at 8340 Northfield Blvd. Id. Home; About us; Partner With Us; Contact Us; Sign Up; average 40 year old woman wrinkles . 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. Stockdale acquired the mall in 2018 from Westfield for $175 million. Its suit is based on its leases which grant them veto power over any changes. 41-17 at 26:12-16). We're championing. The mall opened in 1985 but has grown obsolete Plaintiff was not in fact involved with that deal. Stockdale acquired the mall in 2018 from Westfield for $175 million. of Supervisors for La State Univ. 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 . 2008) (affirming a grant of summary judgment on plaintiff's claim of trademark infringement on a record without survey evidence). Cir. 1998). 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. She is a proud graduate of Florida Agricultural and Mechanical University. In each newsletter, we also highlight settlements that are ending soon, helping to ensure you don't miss out on money you're owed. 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. Read employee reviews and ratings on Glassdoor to decide if Stockdale Capital Partners is right for you. Buyer: Los Angeles-based Stockdale Capital Partners. Tex. Westfield for $175 million. See, e.g., (Doc. 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 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. Accordingly, Plaintiff's mark is descriptive as a surname. 1225(a), and unfair competition under Texas common law. The J.W. at 935. Macy's is not sold on the idea. 1976)). Unlock with your email and get bonus: 6 financial modeling lessons free ($199 value). 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 . The environment feels very comfortable and very artistic.. February 22, 2017. Stockdale Capital Partners, LLC Nov 2022 - Present 5 months. 2016); see also Smack Apparel Co., 550 F.3d 465 (5th Cir. See, e.g., Viacom Int'l, 891 F.3d at 191. Copyright 2023 NBCUniversal Media, LLC. (Doc. 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. Disciplined, effective property operations and improvements. at 8. Id. Gensler is designing the project, and CBRE is in charge of leasing. Westwood-based Stockdale Capital Partners recently secured a $550 million real estate opportunity fund called SCP Real Estate Opportunities Fund I. No. 34-2 7, 9). Sep 3, 2020. Stockdales plans would reduce retail space in vintage canvas 'painting ideas. Dist., 912 F.3d 805, 811 (5th Cir. Stockdale Capital Partners. For the foregoing reasons, the Court DENIES Defendants' Motion for Summary Judgment. 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. Finally, Plaintiff was recognized in the Dallas Business Journal as one of the "Best Places to Work" in 2016, 2017, and 2018. 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. 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. Future owner Stockdale Capital Partners is now laying the groundwork to transform the 900,000-square-foot shopping center into San Diegos next big economic windfall: a modern office campus. 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. Jul 2018 - Present3 years 2 months. Marriott Le Merigot hotel in Santa Monica sold to Stockdale Capital Partners for around $75 million, The Real Deal has learned. Apply to Senior Financial Accountant, Realtor, Line Cook/prep Cook and more! Stockdale Capital Partners announced the agreement reached with Macy's to allow the downtown San Diego project to move forward. - Advertisement - The lobby of the Galleria in Scottsdale, Ariz. 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 court can consider any evidence in "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any." Details on the settlement were not released. Wal-Mart Stores, Inc., 529 U.S. at 210-11. Stockdale acquired the leasehold interest in the Le Merigot and did not seek financing, Doak said. Plaintiff contends in response that "Stockdale" is also the name for several cities, neighborhoods, and public schools across the country. Voluptates quis est qui aut nulla. I was exhausted., Do Not Sell/Share My Personal Information. Renamed The Campus at Horton, the redeveloped mall will include 700,000 square feet of office space and 300,000 square feet of retail. 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. If a mark has acquired secondary meaning, it is deemed to be a strong mark. (Doc. 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. Nonetheless, even where marks are distinguishable, the inquiry is whether they are "similar enough that a reasonable person could believe the two products have a common origin or association." Stockdale Capital Partners is a growing vertically-integrated Los Angeles based real estate investment firm, affiliated with Stockdale Management, a property management firm. The moving party bears the burden of demonstrating the absence of a genuine issue of material fact. Shriners Hospital, which occupied the space for over 50 years, moved to a $77-million outpatient facility in Pasadena. 41-2 3). 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. All rights reserved, 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'. They proposed an "innovation hub" focused on technology and biotechnology companies. why is there a plague in thebes oedipus. Defendants urge that the evidence presented here is more analogous to that in Amazing Spaces, Inc., 608 F.3d at 225. A descriptive mark can only be protectible when it has acquired secondary meaning. The new owners, Stockdale Capital Partners, bought Horton Plaza just over a year ago and have. All rights reserved 2023 The Real Deal is a registered Trademark of Korangy Publishing Inc. Stockdale Capital Partners zeros in on significant real estate value opportunities that provide timely, consistent, and repeatable returns. Care exercised by potential purchasers. Nexera is owner and operator of the Lavernia, Wooden Horse and Stockdale Horizon . Additionally, it intends to turn a path that winds through the development into a public boardwalk. Indeed, "Stockdale" is not defined in the dictionary. 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. Stockdale plans to convert the mall that sparked development of the Gaslamp Quarter into a mixed-use development centered on new offices. 3d 1151, 1159 (S.D. invitation to love poem analysis; how to take care of your soul sermon; list of largest unsupported domes in the world. No. Although Plaintiff testified that it does not track its advertising expenditures, id. 41-4 at 117), (Doc. While the Jon Jerde-designed center attracts almost no customers today, it does attract lawsuits. Fed. The new layout called for an overhaul of the site that would strip it of its orignal detail and design intent. 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. Rank: Chimp 3 . 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. Mr. RP 74. Improper Integrals Examples. A likelihood of confusion requires a "probability of confusion, which is more than a mere possibility of confusion." in the face of competition from online shopping outlets. 2d at 698, typically ranging between $50 million and $200 million and at times reaching up to $400 million. 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. Macy's sued Stockdale Capital Partners in October arguing . Guilt And Redemption In The Kite Runner, & Mech. Stay current on our latest investment opportunities and news affecting todays real estate investment industry. for Good Gov't v. Coal. The total square footage of the properties, located at 9090 Wilshire. (Doc. A massive adaptive reuse project in downtown San Diego, Campus at Horton, signals the start of an urban lab boom. We are moving full steam ahead with leasing discussions and to announce a mix of exciting and impactful tenants shortly.. Address: 20 Greenway Plaza. 53 at 18). Food and Words for Nerds. 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. 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. (2008) and Mamma Mia! See you on the other side! 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. Los Angeles-based Stockdale's planned $275 million . Indep. (internal quotation marks omitted). 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. Please visit our associate and lateral pages to learn more about the positions and a career at Baird Holm. or Want to Sign up with your social account? 2010) (quoting Two Pesos, Inc. v. Taco Cabana, Inc., 505 U.S. 763, 768 (1992)). (Attachments: #1 Supplement Certificate of Good Standing USDC DC, #2 Supplement Cert . It allows the public to enjoy Horton Plaza, retains some wonderful retail space and high-end restaurant space, and gives downtown a whole new opportunity for Class A tech office space.. He confirmed that Stockdale Capital Partners which specializes in investing, developing and managing under-performing commercial real estate is now in escrow to buy the mall. While the Jon Jerde-designed center attracts almost no customers today, it does attract lawsuits. At the time it played a vital role in cleaning up the seedy district, largely known for porn shops and topless bars. A mark is primarily merely a surname if the surname "is the primary significance of the mark as a whole to the purchasing public." About Stockdale Capital Partners Founded in 2010, Stockdale Capital Partners is a real estate investment firm with 214 years of combined experience. See Bd. Id. Stockdale Capital Partners purchased a 175-key hotel. 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. 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. for Good Gov't, 901 F.3d at 508. The evidence and inferences must be viewed in the light most favorable to the nonmoving party. What additional experience/credentials can I get to set myself apart? Plaintiff Walter F. Jones filed his lawsuit against J.G. 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. Excited to kick off 2023 with the news that Cain has been nominated in two categories for Real Estate . No. 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. Mark similarity "is determined by comparing the marks' appearance, sound, and meaning." What jumps out at me the most is how open (the design) is, said Mark Cafferty, president and CEO of the San Diego Regional Economic Development Corporation. Stockdale Capital Partners bought the 175-key hotel. 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. 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. Courts in the Fifth Circuit have found secondary meaning even in the absence of empirical evidence. 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. VIEW OUR HISTORY Investment Strategy. No. 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. Anyone familiar with the culture, hours, and comps for investment associate at Stockdale Capital Partner? LOS ANGELESStockdale Capital Partners (Stockdale) announced that it has acquired The Marker hotel in San Francisco for $77 million from Pebblebrook Hotel Trust. 2d 761, 722 (S.D. No. Plaintiff contends that the mark is arbitrary. Quilvest partners with Stockdale Capital to invest up to $100m for US medical RE. 34). How Much Do Twitch Streamers Make Per Ad, No. 41-8); and it has sponsored various events such as the Design Week Dallas, 2018 Thrift Studio, and Light Up Lakewood (Doc. Monday, Nov 28, 2022 . Stockdale plans to update and reposition the hotel while stabilizing . No. 41-10). 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. 2018); Paulsson Geophysical Servs, Inc. v. Sigmar, 529 F.3d 303, 309 (5th Cir. By contrast, generic marks "refer to the genus of which the particular product is a species," and thus are never registrable as trademarks. All. Smack Apparel, 550 F.3d at 478. Id. Los Angeles-based Stockdale's planned $275 million . 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." 41-1 at 42, 97). 34). Location. (Doc. If we can get some of those high-paying tech jobs to downtown people will able to live and work in the same place.. Springboards to Educ., Inc. v. Hous. 41 at 5). The . An identifying mark can be distinctive in one of two ways: it can be inherently distinctive, or it can acquire distinctiveness through "secondary meaning." But not his teammates. By signing up for ClassAction.org's newsletter, you can read all about the latest class action settlements, making it easier than ever to claim money that's owed to you. Similarity of the services and purchaser identity. 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. Before the Court is Defendants' Motion for Summary Judgment. What do you want to hear hosts Jade Hindmon and Maureen Cavanaugh talk about on Midday? Tex. (Doc. 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stockdale capital lawsuit