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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. Jeff Weiss - Santa Monica, California, United States - LinkedIn Los Angeles /. Stockdale purchased the bulk of the open-air shopping center last . A likelihood of confusion requires a "probability of confusion, which is more than a mere possibility of confusion." Tex. However, Amazing Spaces is materially distinguishable. 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. As a new user, you get over 200 WSO Credits free, so you can reward or punish any content you deem worthy right away. The decision to close, which is being characterized as temporary, comes as Someck continues his nearly two-year legal tussle with Horton owner Stockdale Capital Partners over the terms of the . Notably, Plaintiff does not provide empirical evidence connecting Plaintiff's efforts to their efficacy in altering consumer association. Stockdale acquired the mall in 2018 from Westfield for $175 million. The mall opened in 1985 but has grown obsolete 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. 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. WSO depends on everyone being able to pitch in when they know something. betaadjusted RE. Along the canal, Stockdale . Although Plaintiff asserts three claims for relief under the Lanham Act and Texas common law, the same legal test applies to all three claims. Lincoln Property Company (LPC), one of the largest full-service real estate firms in the United States - owning and managing over 400 million square . The premise of the show was that two . Id. Marriott Le Merigot hotel in Santa Monica sold . 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. Settlement Reached In Horton Plaza Lawsuit - San Diego Business Journal 41-2 3). Stockdale Capital isnt the only investor in downtown San Diego targeting tech tenants. (Stockdales) plan is thoughtful. . The court can consider any evidence in "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any." Stockdale Capital Partners zeros in on significant real estate value opportunities that provide timely, consistent, and repeatable returns. Jimbo's asks court to halt Horton Plaza redevelopment A). The future Campus at Horton includes a boardwalk. Stockdale Capital Partners announced the agreement reached with Macy's to allow the downtown San Diego project to move forward. 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. Guilt And Redemption In The Kite Runner, Group v. Stockdale Capital Partners, LLC - Casetext Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. This is ClassAction.org's current list of open lawsuits and investigations. 1976)). 2012) (quoting Am. 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." Bill Doak Joins Stockdale Capital Partners as Head of New Hospitality Location. 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. Prior to Octavian, Mr. Michaels worked at various well-respected. 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'. Id. Located in Scottsdale, Arizona, the new multi-family development will incorporate 260 units. See you on the other side! Details on the settlement were not released. Shops at Northfield mall sells for $16M less than 2017 purchase price 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. Shops at Northfield owner pays $8M for Macy's real estate No. can you smoke on royal caribbean cruise ships stockdale capital lawsuit. March 6, 2017. 1998). 53). If a mark has acquired secondary meaning, it is deemed to be a strong mark. How Much Do Twitch Streamers Make Per Ad, 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. 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." 41-7) and the International Council for Shopping Centers (Doc. Marriott Le Merigot hotel in Santa Monica sold to Stockdale Capital Partners for around $75 million, The Real Deal has learned. "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,. 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. The Company invests, owns, and operates multiple asset classes. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION. Xtreme Lashes, 576 F.3d at 231. (John Kelley, John Gibbins, Jennifer Van. stockdale capital lawsuit. The J.W. 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. 2017) (quoting In re Hutchinson Tech., Inc., 852 F.2d 552, 554 (Fed. Nexera Energy Inc. (TSX Venture: NGY) is an energy company with oil producing properties in Southwest Texas. 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. Additionally, it intends to turn a path that winds through the development into a public boardwalk. ACACDC-33568730) filed by Defendant Stockdale Capital Partners, LLC. Music Department: Star Trek Beyond. Lawsuit: Sacramento police uses force against racial justice protests but ignores Proud Boys . 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. See 2 McCarthy on Trademarks and Unfair Competition 13:30 (5th ed.). (Doc. Amazing Spaces, Inc. v. Metro Mini Storage, 608 F.3d 225, 230 n.7 (5th Cir. 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. 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 . A mark is primarily merely a surname if the surname "is the primary significance of the mark as a whole to the purchasing public." 2008) (internal citations omitted). (Doc. LPC acquires stake in proptech leader Equiem. Care exercised by potential purchasers. (Doc. 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. 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. 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. Cir. Cir. stockdale capital lawsuit At what point is it worth leaving your job and running your own firm? Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986). 34-8 at 2). See (Doc. While a subsequent owner converted the shopping center into offices, Stockdale Capital renovated the assetand has attracted tenants such as Yelp, Indeed, Spacesand most recently,Zillow. Defendants "are primarily focused on the acquisition and development of real estate for commercial uses" and seek investments from "ultra-high net worth individuals." google classroom parent letter It focuses on the "real estate design, construction, and property management space." No. at 248-49. Read employee reviews and ratings on Glassdoor to decide if Stockdale Capital Partners is right for you. Jade also had the opportunity to cover international news and was able to travel to South Africa during the 2010 World Cup. Fed. 1225(a), unfair competition under 15 U.S.C. 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. Its suit is based on its leases which grant them veto power over any changes. Appx. An identifying mark can be distinctive in one of two ways: it can be inherently distinctive, or it can acquire distinctiveness through "secondary meaning." Stockdale Capital Partners has sold two medical office properties in Beverly Hills and Santa Monica in a $156 million deal. B-1); it advertises its properties and brand in trade magazines and on websites (Doc. 41-1 at 112). See SA Bay LLC v. Hall, 849 F. Supp. Pat Finn previously served as a producer for KPBS Midday Edition and KPBS Evening Edition. 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. Liberty Corporate Capital, Ltd. v. Stockdale Capital Partners, LLC Tex. And a day-to-night ambience, complete with an upgraded Lyceum Theater, is intended to be inviting for workers, downtown dwellers and Gaslamp visitors. 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. Similarity of the marks. No. Stockdale Capital Partners Secures $330 Million Construction Loan for Industry: Venture capital companies Printer Friendly View Address: 10850 Wilshire Blvd Los Angeles, CA, 90024-4305 United States Troy Geyer - Vice President, Development & Construction - Stockdale 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. Where the likelihood-of-confusion analysis is closely balanced, the question should be resolved in favor of the senior user. Stockdale plans to redevelop the mall into a $275 million high-tech office space with fitness studios and restaurants on the ground floor. (Doc. It registered the name "Stockdale, LLC" and "Stockdale Capital" with the Texas Secretary of State in 2014 and 2017, respectively. The 110-foot, $20 million-plus mega-yacht is expected to launch in 2017. Macy's Continues Lawsuit Against Horton Plaza Redevelopment 34-8 at 2). Descriptive marks are not inherently distinctive because they merely "identif[y] a characteristic or quality of an article or service, such as its color, odor, function, dimensions, or ingredients." Cho, through his firm Mitaa Group, owns a handful of commercial properties . Refit of Anodyne Spurs Lawsuit and Countersuit - Megayacht News . Stockdale Capital Buys JW Marriott Santa Monica See, e.g. Founded in 2010, Stockdale Capital Partners is a real estate investment firm focused on owning and acquiring assets in the western United States. 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. 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. of Houston Sys. 20 Stockdale jobs available on Indeed.com. Los Angeles, California. 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." Plaintiff Walter F. Jones filed his lawsuit against J.G. Horton Plaza is obviously critical to downtown. stockdale capital lawsuit - Lindon CPA's Real Estate Investing Group Focusing in Southwest | Stockdale Subscribe. 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. Stockdale Capital Partners is now laying the groundwork to transform Horton Plaza into San Diego's next big economic windfall: a modern office campus. Defendants have used the name "Stockdale" continuously since their collective inception in 2013. The company is an owner-operator specializing . reached a settlement with Macys that will allow the company to proceed with stockdale capital lawsuit - nowwriteyourbook.com (Doc. The evidence and inferences must be viewed in the light most favorable to the nonmoving party. Here, the designs of the two marks, taken as a whole, are certainly distinguishable. centovalli railway map; josh brubaker radio station; ejemplo de libertad externa y libertad interna; columbus high school tennis; gillian turner political party 2009). Stockdale Capital Partners purchased a 175-key hotel. Here We Go Again (2018). Seller: Principal Real Estate Investors. (2008) and Mamma Mia! Make your practice more effective and efficient with Casetexts legal research suite. No. v. Smack Apparel Co., 550 F.3d 465, 474 (5th Cir. 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. 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 . 34). Stockdale acquired the mall in 2018 from The Court finds that Stockdale is at best descriptive as merely a surname, and accordingly does not discuss whether the mark is geographically descriptive. The American Civil Liberties Union's West Virginia chapter filed a federal lawsuit last week. Stockdales plans would reduce retail space in 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. Before the Court is Defendants' Motion for Summary Judgment. As the USPTO determined, "Stockdale" as a surname is not rare, with 6013 entries in the Lexis database. focused on structured investment opportunities. Macy's Planned Departure Clears Way for Overhaul of San Diego - PCC 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. 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. Century, 295 Fed. Edward Kaen has been working at Stockdale Capital Partners for 4 years. Additional office space is planned by Stockdale Capital Partners for Horton Plaza, although a pair of the mall's current tenants are fighting the conversion. the mall from the 600,000 square feet that was required in deed restrictions to Indeed, "Stockdale" is not defined in the dictionary. Apply to Senior Financial Accountant, Realtor, Line Cook/prep Cook and more! The refit of Anodyne began when an American owner acquired a 98-foot (approximately 29.9-meter) Inace motoryacht in 2014, then-named Boundless. 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. All Rights Reserved. However, actual confusion need not be proven to establish a likelihood of confusion; this factor is accordingly neutral. Stockdale Capital Partners, LLC Nov 2022 - Present 5 months. 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). The state is expecting to hold hearings on the complaints in the coming weeks. 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 . They proposed an "innovation hub" focused on technology and biotechnology companies. 'A National Epidemic': Yellowstone Capital Hit with RICO Lawsuit Over Stockdale acquired the leasehold interest in the Le Merigot and did not seek financing, Doak said.