(Doc. 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. v. Smack Apparel Co., 550 F.3d 465, 474 (5th Cir. 1052(e); World Carpets, Inc. v. Dick Littrell's New World Carpets, 438 F.2d 482, 487 (5th Cir. Horton Plaza is obviously critical to downtown. 2018); Paulsson Geophysical Servs, Inc. v. Sigmar, 529 F.3d 303, 309 (5th Cir. 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. By Isabella Farr. The Court made that decision in response to a lawsuit filed by the Sierra Club. Asset include: commercial office, medical office/life science, hospitality, retail and mixed-use. Marriott Le Merigot hotel in Santa Monica sold to Stockdale Capital Partners for around $75 million, The Real Deal has learned. (John Kelley, John Gibbins, Jennifer Van. Parents . Care exercised by potential purchasers. 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. at 8. 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. 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 registered the name "Stockdale, LLC" and "Stockdale Capital" with the Texas Secretary of State in 2014 and 2017, respectively. Capital preservation through proven, experienced risk management. 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. 41-2 3). However, proof of a defendant's intent is not required to establish trademark infringement. (Doc. The Campus at Horton will be the pinnacle of mixed-use campuses in downtown and the exemplification of whats possible when innovative office design meets access to leading food, beverage, health and wellness offerings, said Steven Yari, a Stockdale management director. At the time it played a vital role in cleaning up the seedy district, largely known for porn shops and topless bars. Pat Finn previously served as a producer for KPBS Midday Edition and KPBS Evening Edition. (Doc. San Diego Union-Tribune reporter Jennifer Van Grove joins Midday Edition to explain the lawsuits and and the cutrrent status of the mall. See 2 McCarthy on Trademarks and Unfair Competition 13:30 (5th ed.). Jade Hindmon is KPBS Midday Edition co-host. See Bd. Cho, through his firm Mitaa Group, owns a handful of commercial properties . Stockdale Capital Partners declined to comment for this story. Plaintiff relocated its headquarters to Texas in 2012. 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." The refit of Anodyne began when an American owner acquired a 98-foot (approximately 29.9-meter) Inace motoryacht in 2014, then-named Boundless. Indep. 34). 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. 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. HON. 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. 34-2 7, 9). 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 . The mall opened in 1985 but has grown obsolete Music Department: Star Trek Beyond. 300,000 square feet to make room for offices. Finally, Plaintiff was recognized in the Dallas Business Journal as one of the "Best Places to Work" in 2016, 2017, and 2018. Stockdale Capital Partners serves customers in the States . 2017) (quoting In re Hutchinson Tech., Inc., 852 F.2d 552, 554 (Fed. Here, as discussed supra, "Stockdale" is descriptive and there is a genuine question of fact as to whether it has acquired secondary meaning. Here We Go Again (2018). 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. Unlock with your email and get bonus: 6 financial modeling lessons free ($199 value). Stockdale Capital Partners is now laying the groundwork to transform Horton Plaza into San Diegos next big economic windfall: a modern office campus. A massive adaptive reuse project in downtown San Diego, Campus at Horton, signals the start of an urban lab boom. B-1); it advertises its properties and brand in trade magazines and on websites (Doc. Two Pesos, Inc., 505 U.S. at 768 (citing Abercrombie & Fitch Co. v. Hunting World, Inc., 537 F.2d 4, 9 (2d Cir. 3d 573, 589 (S.D. Tex. No. It could add an additional 1.5 million square feet of office space and other amenities down the road. Stockdale Capital Partners is a growing vertically-integrated Los Angeles based real estate investment firm, affiliated with Stockdale Management, a property management firm. Notably, Plaintiff does not provide empirical evidence connecting Plaintiff's efforts to their efficacy in altering consumer association. Even sophisticated real estate entities may, at least initially, believe that the two parties are affiliated with one another, which could cause reputational harm. Founded in 2010, Stockdale Capital Partners is a real estate investment firm focused on owning and acquiring assets in the western United States. 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. How Much Do Twitch Streamers Make Per Ad, In May, it sold . 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. See, e.g., (Doc. Stockdale Capital Partners. 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. Bd. Buyer: Los Angeles-based Stockdale Capital Partners. (Doc. No. Defendants urge that the evidence presented here is more analogous to that in Amazing Spaces, Inc., 608 F.3d at 225. 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. Full title:STOCKDALE INVESTMENT GROUP INC. D/B/A STOCKDALE, Plaintiff, v. STOCKDALE, Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION. The state is expecting to hold hearings on the complaints in the coming weeks. The lobby of the Galleria in Scottsdale, Ariz. 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 In re Hutchinson Tech. 34-2 4). (Doc. The other two instances provide a somewhat more tenable basis for actual confusion. Glassdoor has 3 Stockdale Capital Partners reviews submitted anonymously by Stockdale Capital Partners employees. May 20, 2021 01:15 PM. 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 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. The open air shopping center at 8340 Northfield Blvd. 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.. 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. 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. Id. Although Plaintiff asserts three claims for relief under the Lanham Act and Texas common law, the same legal test applies to all three claims. at 248. 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. 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 also raised a fund. 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." The new owners, Stockdale Capital Partners, bought Horton Plaza just over a year ago and have. SIGNED at Houston, Texas, on this the 15th of October, 2019. Plaintiff provides only tenuous evidence that consumers have confused Defendants' junior mark for Plaintiff's senior mark. of Law, 214 F. Supp. 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. Two Pesos, 505 U.S. at 769. Copyright 2023 NBCUniversal Media, LLC. (Doc. Los Angeles, California. in northern Denver sold last week to entities affiliated with Los Angeles-based Stockdale Capital Partners. (Doc. No. Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. PublishedOctober 21, 2019 at 10:00 AM PDT. Stockdale acquired the mall in 2018 from Westfield for $175 million. LOS ANGELES - October 28, 2022 - Stockdale Capital Partners ("Stockdale"), a Los Angeles-based, vertically-integrated real estate investment firm, won approval from the Los Angeles City Council for its 145,000 square-foot, Class-A medical building on Los Angeles' Westside, adjacent to the. Id. 2012) (quoting Am. Size: 433,132 square feet, 10 stories. The evidence and inferences must be viewed in the light most favorable to the nonmoving party. can you smoke on royal caribbean cruise ships stockdale capital lawsuit. 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." 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. And a day-to-night ambience, complete with an upgraded Lyceum Theater, is intended to be inviting for workers, downtown dwellers and Gaslamp visitors. Dist., 912 F.3d 805, 811 (5th Cir. Founded in 2010, Stockdale Capital Partners is a real estate investment firm with 214 years of combined experience. (Doc. for Good Gov't, 901 F.3d at 508. (Doc. No. 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'. (Doc. They proposed an "innovation hub" focused on technology and biotechnology companies. . Every story is a dose of insight into how to run a better, more efficient, more profitable business. 4:18-cv-2949 (S.D. Plaintiff cites to an email and the depositions of individuals who work in the real estate industry and are familiar with Plaintiff to show that people confused Defendants and Plaintiff. The environment feels very comfortable and very artistic.. Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986). All content is posted anonymously by employees working at Stockdale Capital Partners. Once a movant meets this burden, the burden shifts to the nonmovant to show the existence of a genuine fact issue for trial. Before the pandemic, Le Merigot housekeeping staff had filed complaints with California, alleging the company withheld wages and failed to pay overtime, according to Unite Here, a labor union that represents around 50 workers at the hotel. The firm did not respond to multiple requests for comment. Agric. Property records show two transactions totaling $71 million. 41-15 Ex. Stay current on our latest investment opportunities and news affecting todays real estate investment industry. However, while empirical evidence such as consumer surveys is the strongest evidence of secondary meaning, it is not required. 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. Only three claims for relief remain at issue in this case; Plaintiff withdrew counts II, III, VII, and VIII in its Second Amended Complaint. 53 at 15). institutions including The Carlyle Group, Highbridge Capital and Morgan Stanley. LOS ANGELESStockdale Capital Companions (Stockdale), a Los Angeles-based, vertically-integrated actual property funding company, bought the DoubleTree Suites Salt Lake Town Downtown. the $275 million redevelopment of Horton Plaza in downtown San Diego. invitation to love poem analysis; how to take care of your soul sermon; list of largest unsupported domes in the world. 2009). 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. LOS ANGELESStockdale Capital Partners (Stockdale) announced that it has acquired The Marker hotel in San Francisco for $77 million from Pebblebrook Hotel Trust. No. (Doc. Stockdale Capital Partners. While there, she launched The Weekend Edition of Good Morning Indiana and generated breaking news content for both broadcast and digital platforms. early alumni status chi omega, schooners monterey dress code,