However, actual confusion need not be proven to establish a likelihood of confusion; this factor is accordingly neutral. Defendants have used the name "Stockdale" continuously since their collective inception in 2013. The firm did not respond to multiple requests for comment. It also pointed to the absence of survey evidence and the fact that the consumer declarations showed that their confusion stemmed from the overall architecture of the facilities, not from the similarity of the plaintiff's and defendant's symbols. 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. 53 at 16). vintage canvas 'painting ideas. 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. Voluptates quis est qui aut nulla. No. Pebble Beach Co. v. Tour 18 1 Ltd., 155 F.3d 526, 540 (5th Cir. In 1979 she became KPBS Public Information Director, then Director of Advertising and Promotion, Program Director, and Director of Broadcasting. No. 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. PublishedOctober 21, 2019 at 10:00 AM PDT. The company in January reached a settlement of a lawsuit that had been filed by Macys. 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 . Id. Id. Stockdale Capital Partners is a growing vertically-integrated Los Angeles based real estate investment firm, affiliated with Stockdale Management, a property management firm. Exterior construction will begin shortly with 600-800 construction workers expected [] In August 2018, Plaintiff filed suit, alleging claims for relief including trademark infringement under 15 U.S.C. for Good Gov't v. Coal. 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. stockdale capital lawsuit. 20 Stockdale jobs available on Indeed.com. However, proof of a defendant's intent is not required to establish trademark infringement. Stockdale acquired the mall in 2018 from 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. 34). No. 41-7) and the International Council for Shopping Centers (Doc. Bulbs 4 East Side, Inc. v. Ricks, 199 F. Supp. Location. But not his teammates. (Doc. Stockdale Capital Partners announced the agreement reached with Macy's to allow the downtown San Diego project to move forward. The court can consider any evidence in "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any." It opened to great fanfare in 1985. "Stockdale" was chosen as a reference to Stockdale, California, where the company was founded. 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. Copyright 2023 NBCUniversal Media, LLC. They contended Columbia Sussex accepted $63 million in PPP funding intended to keep workers employed, but ended up laying off thousands of people. 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?" V. Houston Coll. Its clear that there are many millennials who would like to live downtown, and do live downtown, but have to commute north to job centers. Stockdale Capital Partners has sold two medical office properties in Beverly Hills and Santa Monica in a $156 million deal. Our vertically-integrated real estate investment group focuses on profitable opportunities within the Western United States. This factor is neutral. (John Kelley, John Gibbins, Jennifer Van. No. Company Type For Profit Contact Email info@stockdalecapital.com Phone Number 281-201-3232 Stockdale Capital Partners is a growing Los Angeles based vertically-integrated real estate investment firm, affiliated with Stockdale Management, a property management firm. P. 56(a). Shriners Hospital, which occupied the space for over 50 years, moved to a $77-million outpatient facility in Pasadena. for Good Gov't, 901 F.3d at 508. Stockdale Capital Partners. Agric. May 2021 - Present7 months. Stockdale acquired the mall in 2018 from Westfield for $175 million. Plaintiff does not contend that Defendants intended to benefit from Plaintiff's good reputation. 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(Doc. Cafferty, who has seen renderings of the proposed office park, describes a destination where Hortons large anchor stores are repurposed as individual offices with high ceilings, lots of light and the large floor plans coveted by todays youthful tech companies. Los Angeles-based Stockdale's planned $275 million . Similarity of the services and purchaser identity. The Court addresses each in turn. 2017) (quoting In re Hutchinson Tech., Inc., 852 F.2d 552, 554 (Fed. stockdale capital lawsuit. at 508-09. 53 at 15). Defendants are also "involved in leasing and property management operations, but only as it relates to themselves for their own or their affiliates' properties." Horton Plaza is obviously critical to downtown. In a trademark case, "[a]lthough the secondary meaning of a mark and the likelihood of confusion are ordinarily questions of fact, summary judgment may be upheld if the summary judgment record compels the conclusion that the movant is entitled to judgment as a matter of law." 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. They feature, for example, different fonts, inverted color schemes, and one includes the additional words "Capital Partners." Marriott Le Merigot in Santa Monica for $75 million in May, around $428,600 per room. The J.W. Moreover, as the USPTO further determined, the mark has the structure and pronunciation of a surname, there is no stylization associated with the mark that would remove its primary significance from being that of a surname, and the mark has no other known meanings. Actual confusion. Industry: Venture capital companies Printer Friendly View Address: 10850 Wilshire Blvd Los Angeles, CA, 90024-4305 United States 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. Tex. 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. B-1); it advertises its properties and brand in trade magazines and on websites (Doc. Here, the designs of the two marks, taken as a whole, are certainly distinguishable. (Doc. By Isabella Farr. at 237; see also Wal-Mart Stores, Inc. v. Samara Bros, Inc., 529 U.S. 205, 210-11 (2000). Plaintiff relocated its headquarters to Texas in 2012. Cir. Deleniti a sapiente doloribus et rerum. No. Columbia Sussex listed the hotel, at 1740 Ocean Avenue, earlier this year. 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. 41-1 at 112). Retailer's Exit Lets Developer Stockdale Proceed With $275 Million Downtown Project By Lou Hirsh CoStar News Developer Stockdale Capital Partners' plans to turn a faded downtown San Diego mall into creative offices are back on schedule, after longtime tenant Macy's dropped its opposition and announced plans to vacate the site in March. All. Defendants now move for summary judgment. The organisation's status is listed as "Active". For the foregoing reasons, the Court DENIES Defendants' Motion for Summary Judgment. Shore Capital, a small London stockbroker whose business relies on small companies believing there is a benefit in being public, is quitting the stock market. . Expands and Extends Existing Lease at Stockdale Capitals Sugar Creek Complex, Stockdale Capital and Ace Parking Form Partnership with Grosvenor Group to Acquire Parking Assets, Stockdale Capital Announces Partnership with Siguler Guff & Company, LP, Stockdale Capital Purchases of Two West LA Medical Office Buildings, New 250,700 SF Creative Office Building Coming to Downtown Scottsdale. A mark is primarily merely a surname if the surname "is the primary significance of the mark as a whole to the purchasing public." The mall was designed by architect Jon Jerdeand opened in 1985 in the citys historic Gaslamp Quarter. This is a trademark infringement and unfair competition dispute between Plaintiff Stockdale Investment Group d/b/a Stockdale ("Plaintiff") and Defendants, Stockdale Capital Partners, LLC and its affiliated companies (collectively "Defendants"), over the use of "Stockdale." (function($) {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. Tex. 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. Stockdale Capital Partners announced that it has focused on structured investment opportunities. Xtreme Lashes, 576 F.3d at 231. 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 . 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. 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. 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. 2008) (internal citations omitted). Because Plaintiff's mark is merely descriptive, it is protectable only if it has acquired secondary meaning. in northern Denver sold last week to entities affiliated with Los Angeles-based Stockdale Capital Partners. Plaintiff, on the other hand, avers that the parties acquire the same types of properties, offer property management services, and perform similar business activities. (2008) and Mamma Mia! What additional experience/credentials can I get to set myself apart? Plaintiff also sought a permanent injunction, which the Court denied in January 2019. See, e.g., (Doc. The headquarter was located at 5151 Stockdale Highway, Bakersfield, CA 93309. The name "Stockdale" was on a list of potential buyers. 2010) (quoting Two Pesos, Inc. v. Taco Cabana, Inc., 505 U.S. 763, 768 (1992)). Amazing Spaces, Inc. v. Metro Mini Storage, 608 F.3d 225, 230 n.7 (5th Cir. Wal-Mart Stores, Inc., 529 U.S. at 210-11. at 6. 2005-2023 Wall Street Oasis. A mark is protectable if it is distinctive, meaning it must be "capable of distinguishing the applicant's goods from those of others." The Fifth Circuit affirmed that there was no fact issue as to whether the plaintiff's symbol had acquired secondary meaning even though the plaintiff had used the symbol for ten years, spent nearly $725,000 in advertising and promoting the symbol, realized over $11.5 million in revenue since it began using the symbol, and declarations from consumers indicated confusion when seeing rival self-storage facilities that displayed symbols similar to that of the plaintiff. 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'. The goal is to finish the redevelopment of the mall in the second quarter of 2022, Divinsky said. reached a settlement with Macys that will allow the company to proceed with at 321-25. 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. 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. LPC acquires stake in proptech leader Equiem. All Rights Reserved. To prevail on a trademark infringement claim under the Lanham Act, 15 U.S.C. The sophistication and diligence involved in real estate dealings weigh against a likelihood of confusion. 1971). "We're thrilled to work on our first project for Stockdale Capital Partners," shared Jim Kurtzman . at 7, 9. 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.. Lawsuit: Sacramento police uses force against racial justice protests but ignores Proud Boys . 2016); see also Smack Apparel Co., 550 F.3d 465 (5th Cir. The list is updated frequently, so check . 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. The environment feels very comfortable and very artistic.. Every story is a dose of insight into how to run a better, more efficient, more profitable business. Celotex, 477 U.S. at 322-25. Located in Scottsdale, Arizona, the new multi-family development will incorporate 260 units. Stockdale Capital Partners is a growing Los Angeles based vertically-integrated real estate investment firm, affiliated with Stockdale Management, a property management firm. william lupo obituary stockdale capital lawsuit. "We are gearing up to really get aggressive and. HON. Id. Stockdale Capital Partners and Jasper Ridge Partners have formed an institutional joint venture to recapitalize $142.5M Galleria Corporate Center in Scottsdale, AZ. Apply to Senior Financial Accountant, Realtor, Line Cook/prep Cook and more! Los Angeles /. Sch. Edward Kaen has been working at Stockdale Capital Partners for 4 years. On one hand, Defendants argue that the parties provide different services and operate on different scales. (Doc. I was exhausted., Do Not Sell/Share My Personal Information. See, e.g., (Doc. I cover real estate development, fundamentals and finance. The Court made that decision in response to a lawsuit filed by the Sierra Club. 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. In finding no secondary meaning, the court emphasized that the plaintiff's symbol was not prominently displayed in its advertisements. - Advertisement - Plaintiff contends in response that "Stockdale" is also the name for several cities, neighborhoods, and public schools across the country. 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. 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. the mall from the 600,000 square feet that was required in deed restrictions to Additionally, it intends to turn a path that winds through the development into a public boardwalk. 2008) (affirming a grant of summary judgment on plaintiff's claim of trademark infringement on a record without survey evidence). Care exercised by potential purchasers. Address: 20 Greenway Plaza. In late January, three of its hotels were in foreclosure and the firm had at least $1.3 billion in CMBS debt, Bloomberg reported. 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. in Denver, according to public records. Before the Court is Defendants' Motion for Summary Judgment. or Want to Sign up with your social account? Los Angeles-based Stockdale's planned $275 million . Its suit is based on its leases which grant them veto power over any changes. 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. No. Westwood-based Stockdale Capital Partners recently secured a $550 million real estate opportunity fund called SCP Real Estate Opportunities Fund I. 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. Century, 295 Fed. at 248-49. Bill Doak has more than 30 years of hospitality industry experience, with senior leadership roles in buried verbs and zombie nouns examples how to increase accuracy in lstm model. Westwood-based Stockdale Capital Partners bought the J.W. Subscribe. Inc., 852 F.2d at 556. No. Although this lawsuit and others (Jimbo's Natural Foods is also suing) do not comment on preserving . See the complete profile on LinkedIn and discover Jane's connections and jobs at similar companies. The developer expects to complete the first phase in 2020, although the plans are subject to city approval. 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. Gary Stockdale is known for Star Trek Beyond (2016), Mamma Mia! No. Macy's is not sold on the idea. No. R. Civ. No. 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. Two Pesos, 505 U.S. at 769. Only three claims for relief remain at issue in this case; Plaintiff withdrew counts II, III, VII, and VIII in its Second Amended Complaint. 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. Stockdale Capital Partners is now laying the groundwork to transform Horton Plaza into San Diego's next big economic windfall: a modern office campus. 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. 2008). The record evidence raises factual questions regarding the extent to which the parties' real estate services overlap. It focuses on the "real estate design, construction, and property management space." The company is an owner-operator specializing in the redevelopment and. Defendants "are a family of real estate investment, development, and management companies headquartered in Los Angeles." Guilt And Redemption In The Kite Runner, 2d at 698, typically ranging between $50 million and $200 million and at times reaching up to $400 million. Stockdale Capital Partners bought the 175-key hotel. 41-1 at 42, 97). 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. While the Jon Jerde-designed center attracts almost no customers today, it does attract lawsuits. 3d 928 (S.D. 41-9). Id. Home; About us; Partner With Us; Contact Us; Sign Up; average 40 year old woman wrinkles . Id. 41-4 at 117), (Doc. No. 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. By contrast, generic marks "refer to the genus of which the particular product is a species," and thus are never registrable as trademarks. 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. 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.

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