2005-2023 Wall Street Oasis. In this case, the Court finds that the parties' marks share sufficient similarities that a consumer could conceivably believe that Defendants are associated with Plaintiff. for Good Gov't, 901 F.3d at 508. 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. 2017) (internal citation omitted). or Want to Sign up with your social account? 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 . why is there a plague in thebes oedipus. (Doc. The Business Journalis the premier business publication in San Diego. Mark similarity "is determined by comparing the marks' appearance, sound, and meaning." This factor weighs in favor of a likelihood of confusion. Along the canal, Stockdale . 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. In Horton Plaza, which was owned by Westfield Corp., Stockdale Capital acquired a five-level, 900,000-square-foot property onten blocks that was once considered the jewel of downtown San Diego. Could more local solutions work. 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). A likelihood of confusion requires a "probability of confusion, which is more than a mere possibility of confusion." (Doc. The company is an owner-operator specializing in the redevelopment and. 2017) (quoting In re Hutchinson Tech., Inc., 852 F.2d 552, 554 (Fed. Stockdale Capital isnt the only investor in downtown San Diego targeting tech tenants. 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. Veritas $450M loan default: A sign of things to come? of Regents of the Univ. Defendants contend that "Stockdale" is at best merely descriptive because it is a surname and because it is geographically descriptive. Ground floor retail is still part of the envisioned equation, though storefronts will primarily feature singular, San Diego-inspired eateries along with boutique health and fitness venues. 1988)). 2d at 698, typically ranging between $50 million and $200 million and at times reaching up to $400 million. "We're thrilled to work on our first project for Stockdale Capital Partners," shared Jim Kurtzman . at 508-09. Id. By Posted student houses falmouth 2021 In jw marriott panama concierge lounge 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. A 19-story residential tower is in the works on the grounds of Our Lady of Mt. He can shoot it., Justin Steele and 6 Chicago Cubs relievers combine for the 1st spring training no-hitter in franchise history, Leah Palmer experiences grand time as Geneva grinds out victory in Class 4A third-place game. See 2 McCarthy on Trademarks and Unfair Competition 13:30 (5th ed.). 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. Sch. institutions including The Carlyle Group, Highbridge Capital and Morgan Stanley. Care exercised by potential purchasers. 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 . All content is posted anonymously by employees working at Stockdale Capital Partners. The J.W. Similarity of the services and purchaser identity. Springboards to Educ., Inc. v. Hous. 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. 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 . 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. Pebble Beach Co. v. Tour 18 1 Ltd., 155 F.3d 526, 540 (5th Cir. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION. Nexera is owner and operator of the Lavernia, Wooden Horse and Stockdale Horizon . The state is expecting to hold hearings on the complaints in the coming weeks. No. stockdale capital lawsuit. No. By Posted halston hills housing co operative In anson county concealed carry permit renewal of Houston Sys. 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. Mr. RP 74. & Mech. They feature, for example, different fonts, inverted color schemes, and one includes the additional words "Capital Partners." The refit of Anodyne began when an American owner acquired a 98-foot (approximately 29.9-meter) Inace motoryacht in 2014, then-named Boundless. 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. However, Amazing Spaces is materially distinguishable. No. 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. at 248. The company in January reached a settlement of a lawsuit that had been filed by Macy's. The company said Stockdale had violated the terms of its lease with the redevelopment plans that shifted the mall's emphasis as a retail center. No. Marriott Le Merigot in Santa Monica for $75 million in May, around $428,600 per room. Ahigh-density project like the Campus at Horton could bring thousands of jobs downtown and lift up surrounding neighborhoods, Michaels said, similar to development that has occurred in San Franciscos Transbay district, Chicagos West Loop and Scottsdales Old Town. Bulbs 4 East Side, Inc. v. Ricks, 199 F. Supp. 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. Going Vertical However, while empirical evidence such as consumer surveys is the strongest evidence of secondary meaning, it is not required. Location. 41-9). 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 7, 9. (Doc. Id. 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. Home; About us; Partner With Us; Contact Us; Sign Up; average 40 year old woman wrinkles . Joseph Wong Design Associates is designing that project, and JLL is in charge of leasing. 41-17 at 26:12-16). No. No. 101 Investment Banking Interview Questions, Financial Modeling & Valuation 2-Day Bootcamp OPEN NOW - Only 15 Seats, Venture Capital 4-Hour Bootcamp - Sat April 1st - Only 15 Seats, Excel Master 4-Hour Bootcamp OPEN NOW - Only 15 Seats, Venture Capital 4-Hour Bootcamp - Sat May 20th - Only 15 Seats, 6 courses to mastery: Excel, Financial Statement, LBO, M&A, Valuation and DCF, Elite instructors from top BB investment banks and private equity megafunds, Includes Company DB + Video Library Access (1 year). This is ClassAction.org's current list of open lawsuits and investigations. No. Katrina has 7 jobs listed on their profile. at 638). Both programs also aired on public television stations nationwide. I was exhausted., Do Not Sell/Share My Personal Information. 41-1 at 105-07); it pays for membership in industry groups such as the Urban Land Institute (Doc. 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. Focused investments on compelling, premier opportunities. Copyright 2023 NBCUniversal Media, LLC. 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. Stream Live Now ; News; Recent Coverage; Originals; Trials; Court TV Mystery; Talent; About Us; Press; Contact Real Estate Private Equity. . The Court evaluates each in turn. at 6. Before the Court is Defendants' Motion for Summary Judgment. 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. February 22, 2017. Stockdale Capital Partners, LLC Oct 2020 - Present2 years 4 months Los Angeles Acquisitions & Investment strategy Senior Vice President, Real Estate Investments ClubCorp Feb 2018 - Feb 20202. No. No. stockdale capital lawsuit. Courts have recognized that the more expensive the item or service, the more care a potential purchaser will likely take in its selection. vintage canvas 'painting ideas. Id. 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." 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 news came less than two . A massive adaptive reuse project in downtown San Diego, Campus at Horton, signals the start of an urban lab boom. Agric. In 1979 she became KPBS Public Information Director, then Director of Advertising and Promotion, Program Director, and Director of Broadcasting. Details on the settlement were not released. No. No. Jul 2018 - Present3 years 2 months. S.p.A. v. Atlantic Sunglasses LLC, 2017 WL 6885602, at *5 (S.D. A descriptive mark can only be protectible when it has acquired secondary meaning. Prior to Octavian, Mr. Michaels worked at various well-respected. 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 . Finn has earned honors from the Society of Professional Journalists and the Pacific Southwest Chapter of the National Academy of Television Arts and Sciences. Natural foods grocer Jimbo's filed a Superior Court lawsuit in May of last year and Macy's filed a Superior Court lawsuit earlier this month. 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. Seller: Principal Real Estate Investors. See, e.g. Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. 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. (function($) {window.fnames = new Array(); window.ftypes = new Array();fnames[0]='EMAIL';ftypes[0]='email';fnames[1]='FNAME';ftypes[1]='text';fnames[2]='LNAME';ftypes[2]='text';}(jQuery));var $mcj = jQuery.noConflict(true); All writing and photos by Josie Zimmerman Bell unless otherwise credited |, southern baptist beliefs on the holy spirit, matlab programming exercises and solutions pdf. Copyright 2023 NBCUniversal Media, LLC. stockdale capital lawsuit. Id. (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. Id. No. Similarity of the marks. The firm did not respond to multiple requests for comment. Defendants now move for summary judgment. the mall from the 600,000 square feet that was required in deed restrictions to Last week, San Diego Mayor Kevin Faulconer and several area businessmen sent Macy's CEO Jeff Gennette a letter asking them not to sue. Plaintiff contends that the mark is arbitrary. It's a lofty vision that depends on high-profile tenants committing to the project and can be only realized once Stockdale Capital closes the transaction. Here, the designs of the two marks, taken as a whole, are certainly distinguishable. No. Id. 41-2 3). 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. A mark is protectable if it is distinctive, meaning it must be "capable of distinguishing the applicant's goods from those of others." 53 at 18). Plaintiff is a real estate services company operating in Texas, California, and North Carolina. 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 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 . Plaintiff, on the other hand, avers that the parties acquire the same types of properties, offer property management services, and perform similar business activities. Stockdales plans would reduce retail space in The USPTO denied Plaintiff's application to register "Stockdale" in October 2018 on the basis that it is primarily a surname. 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. 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. 1052(e); World Carpets, Inc. v. Dick Littrell's New World Carpets, 438 F.2d 482, 487 (5th Cir. Quilvest partners with Stockdale Capital to invest up to $100m for US medical RE. Mar. at 8. reached a settlement with Macys that will allow the company to proceed with Only three claims for relief remain at issue in this case; Plaintiff withdrew counts II, III, VII, and VIII in its Second Amended Complaint. Anyone familiar with the culture, hours, and comps for investment associate at Stockdale Capital Partner? (internal quotation marks omitted). Stockdale acquired the mall in 2018 from Westfield for $175 million. Project manager and captain, Parker Stockdale, introduced the owner's vision of building the finest yacht ever created. 34-13 at 2). Los Angeles, California. 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." 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.") For instance, it spent more than $50,000 to acquire the internet domain name, stockdale.com (Doc. in northern Denver sold last week to entities affiliated with Los Angeles-based Stockdale Capital Partners. Weighing these factors, the Court is persuaded that, despite the sophistication and diligence of potential real estate customers, a genuine fact issue remains based on the similarity of the marks and the fact that both parties are engaged in the real estate industry. 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. See, e.g., (Doc. 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 lobby of the Galleria in Scottsdale, Ariz. The Court made that decision in response to a lawsuit filed by the Sierra Club. The premise of the show was that two . Two Pesos, Inc., 505 U.S. at 768 (citing Abercrombie & Fitch Co. v. Hunting World, Inc., 537 F.2d 4, 9 (2d Cir. Co-Founders Shawn and Steven Yari, with the property at 1740 Ocean Avenue (Google Maps). Stockdale Capital Partners has sold two medical office properties in Beverly Hills and Santa Monica in a $156 million deal. Apply to Senior Financial Accountant, Realtor, Line Cook/prep Cook and more! Here We Go Again (2018). 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. 2008). 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. 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. We are moving full steam ahead with leasing discussions and to announce a mix of exciting and impactful tenants shortly.. 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 new owners, Stockdale Capital Partners, bought Horton Plaza just over a year ago and have. But the idea, which resembles a similar project the builder completed at its Galleria Corporate Center in Arizona, is to reshape the dated, oversized mall into the kind of unique office space desirable to the nations most renowned tech firms.