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The new owners, Stockdale Capital Partners, bought Horton Plaza just over a year ago and have. Id. See, e.g., (Doc. 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. 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. stockdale capital lawsuit. Sep 3, 2020. Two Pesos, 505 U.S. at 769. 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. 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. Jul 2018 - Present3 years 2 months. The company is an owner-operator specializing in the redevelopment and. of Supervisors for La State Univ. HON. 1988)). (Doc. (Doc. 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.. 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. Glassdoor has 3 Stockdale Capital Partners reviews submitted anonymously by Stockdale Capital Partners employees. - Advertisement - 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. 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. Dist., 912 F.3d 805, 811 (5th Cir. 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. Two Pesos, Inc., 505 U.S. at 768 (citing Abercrombie & Fitch Co. v. Hunting World, Inc., 537 F.2d 4, 9 (2d Cir. Cir. 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. Shriners Hospital, which occupied the space for over 50 years, moved to a $77-million outpatient facility in Pasadena. Home; About us; Partner With Us; Contact Us; Sign Up; average 40 year old woman wrinkles . Amazing Spaces, Inc. v. Metro Mini Storage, 608 F.3d 225, 237 (5th Cir. 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 . While there, she launched The Weekend Edition of Good Morning Indiana and generated breaking news content for both broadcast and digital platforms. This factor weighs in favor of a likelihood of confusion. Stay current on our latest investment opportunities and news affecting todays real estate investment industry. The J.W. 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. Plaintiff contends that the mark is arbitrary. At the time it played a vital role in cleaning up the seedy district, largely known for porn shops and topless bars. 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. Stockdale acquired the mall in 2018 from Westfield for $175 million. 2d 761, 722 (S.D. Stockdale Capital Partners announced the agreement reached with Macy's to allow the downtown San Diego project to move forward. Los Angeles-based Stockdale's planned $275 million . (2008) and Mamma Mia! And a day-to-night ambience, complete with an upgraded Lyceum Theater, is intended to be inviting for workers, downtown dwellers and Gaslamp visitors. Here, as discussed supra, "Stockdale" is descriptive and there is a genuine question of fact as to whether it has acquired secondary meaning. Size: 433,132 square feet, 10 stories. Plaintiff provides only tenuous evidence that consumers have confused Defendants' junior mark for Plaintiff's senior mark. Here We Go Again (2018). This factor is also neutral. By Isabella Farr. why is there a plague in thebes oedipus. 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. 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. 34-8 at 2). Defendant's intent. The moving party bears the burden of demonstrating the absence of a genuine issue of material fact. Stockdale Capital Partners bought the 175-key hotel. Tex. This is ClassAction.org's current list of open lawsuits and investigations. 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, Stockdale Capital Partners Acquires iconic Los Angeles Athletic Club, Stockdale Capital Partners Acquires The Shops at Northfield in Denver, Colorado, Stockdale Capital Partners Acquires Le Merigot Hotel in Santa Monica, Stockdale Capital Partners acquires the former hClub at 1717 Vine Street in Hollywood, Stockdale Capital Partners leases 9,727 square feet at Ilume Innovation Center to Commonspirit Healths Reference Lab, San Diego Office Campus is a Model for the Post-COVID World, Stockdale Capital Partners announces closing of inaugural commingled fund with $550 million in commitments, Stockdale Capital Partners Secures $330 Million Construction Loan for The Campus at Horton, Stockdale Capital Partners acquires 372,000 square foot Class A research and creative office building in North Scottsdale, Stockdale Capital Partners completes sale of iconic medical office building in Downtown Los Angeles, Horton Plaza to be Transformed into Downtown San Diegos Leading Retail and Creative Office Complex, Zillow finds its way home to Scottsdales leading tech hub, Stockdale Capital Closes Second Parking Purchase in San Francisco, Scottsdale Galleria Continues To Attract Job Creating Tenants, Stockdale Capital Partners and Jasper Ridge Partners have formed an institutional joint venture to recapitalize $142.5M Galleria Corporate Center in Scottsdale, AZ, Quilvest partners with Stockdale Capital to invest up to $100m for US medical RE, Stockdale Capital Partners Closes Purchase Of Metro-Portland Medical Office Building For New Medical Office Joint Venture, Stockdale Capital Completed REFI of Two Aloft Hotels, Investment Venture Closes Purchase of Soma Grand Garage in San Francisco, TEAM, Inc. Defendants maintain that they do not engage in any advertising, marketing, or sponsorships. A 19-story residential tower is in the works on the grounds of Our Lady of Mt. Occaecati qui excepturi quia fuga. Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. or Want to Sign up with your social account? Marriott Le Merigot hotel in Santa Monica sold . Like other hotels hit hard by the pandemic, Columbia Sussex tapped federal funding through the governments PPP loan program. Details on the settlement were not released. In May, it sold . 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." 41-10). Renamed The Campus at Horton, the redeveloped mall will include 700,000 square feet of office space and 300,000 square feet of retail. Advertising media identity. Westwood-based Stockdale Capital Partners recently secured a $550 million real estate opportunity fund called SCP Real Estate Opportunities Fund I. ACACDC-33568730) filed by Defendant Stockdale Capital Partners, LLC. 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. Id. If we can get some of those high-paying tech jobs to downtown people will able to live and work in the same place.. at 8. Defendants "are primarily focused on the acquisition and development of real estate for commercial uses" and seek investments from "ultra-high net worth individuals." 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). Stockdales plans would reduce retail space in (Doc. The name "Stockdale" was on a list of potential buyers. 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 . 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. 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'. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION. reached a settlement with Macys that will allow the company to proceed with No. 2019). We're championing. 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. Finn has earned honors from the Society of Professional Journalists and the Pacific Southwest Chapter of the National Academy of Television Arts and Sciences. The deal closed May 11. Its part of a bid to transform San Diegos central business district into a tech hub by leveraging the high percentageof Millennials living in the city and the concentration of life science companies operating in the suburbs. Annualized for September 30, 2021 and September 30 . While the Jon Jerde-designed center attracts almost no customers today, it does attract lawsuits. Stockdale purchased the bulk of the open-air shopping center last . at 10. (Doc. The environment feels very comfortable and very artistic.. Last week, San Diego Mayor Kevin Faulconer and several area businessmen sent Macy's CEO Jeff Gennette a letter asking them not to sue. Id. The future Campus at Horton includes a boardwalk. (Doc. Stockdale Capital Partners is now laying the groundwork to transform Horton Plaza into San Diegos next big economic windfall: a modern office campus. 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. Location. Macy's sued Stockdale Capital Partners in October arguing . Agric. focused on structured investment opportunities. 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. 3d 928 (S.D. 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. Plaintiff also sought a permanent injunction, which the Court denied in January 2019. The Court finds neither the passing email inquiry nor allusions to third parties' confusion to be compelling evidence of actual confusion. Focused investments on compelling, premier opportunities. Stockdale acquired the mall in 2018 from 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. Veritas $450M loan default: A sign of things to come? Bill Doak has more than 30 years of hospitality industry experience, with senior leadership roles in 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. Opinions expressed by Forbes Contributors are their own. 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. Our vertically-integrated real estate investment group focuses on profitable opportunities within the Western United States. Stockdale Capital Partners. of Houston Sys. See, e.g., (Doc. Gensler is designing the project, and CBRE is in charge of leasing. Parents . 20 Stockdale jobs available on Indeed.com. institutions including The Carlyle Group, Highbridge Capital and Morgan Stanley. 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 . for Good Gov't, 901 F.3d at 508. There, the plaintiff, a self-storage services company, sued a competitor for infringing upon its use of a particular star symbol. The mall was designed by architect Jon Jerdeand opened in 1985 in the citys historic Gaslamp Quarter. Similarity of the services and purchaser identity. They contended Columbia Sussex accepted $63 million in PPP funding intended to keep workers employed, but ended up laying off thousands of people. Id. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 34-2 8). No. 34-5 at 138:15-24). Pebble Beach Co. v. Tour 18 1 Ltd., 155 F.3d 526, 540 (5th Cir. 34-8 at 2). May 2021 - Present7 months. Fed. LOS ANGELESStockdale Capital Companions (Stockdale), a Los Angeles-based, vertically-integrated actual property funding company, bought the DoubleTree Suites Salt Lake Town Downtown. 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. 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. in heart of the burgeoning RiNO Arts District LOS ANGELES August 24, 2022 Stockdale Capital Partners (Stockdale), a Los Angeles-based, vertically-integrated real estate investment firm, announced that it acquired The Source hotel, along with 208-room hotel close to Union Square, Moscone Convention Center LOS ANGELES June 30, 2022 Stockdale Capital Partners (Stockdale), a Los Angeles-based, vertically-integrated real estate investment firm, announced that it acquired The Marker hotel in San Francisco for $77 Stay current on our latest investment opportunities and news affecting todays real estate investment industry. Field, flows and flares - horizontal drilling good-to-go. Mar. Texas Outhouse Inc. v. Fresh Can, LLC, 266 F. Supp. 2008) (internal citations omitted). No. Unlock with your email and get bonus: 6 financial modeling lessons free ($199 value). Excited to kick off 2023 with the news that Cain has been nominated in two categories for Real Estate . In 2018, Stockdale Capital Partners purchased the property and announced plans to develop it into an office park and tech campus. Courts in the Fifth Circuit have found secondary meaning even in the absence of empirical evidence. 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. How Much Do Twitch Streamers Make Per Ad, Accordingly, Plaintiff's mark is descriptive as a surname. "A finding of a likelihood of confusion is a finding of fact." RP 74. capital or securities . No. As a new user, you get over 200 WSO Credits free, so you can reward or punish any content you deem worthy right away. Before the Court is Defendants' Motion for Summary Judgment. stockdale capital lawsuit. Westwood-based Stockdale is just the latest Los Angeles-based investment firm to hunt for hotel acquisitions in the pandemic. Even sophisticated real estate entities may, at least initially, believe that the two parties are affiliated with one another, which could cause reputational harm. No. Sch. Once a movant meets this burden, the burden shifts to the nonmovant to show the existence of a genuine fact issue for trial. Mark similarity "is determined by comparing the marks' appearance, sound, and meaning." 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. Stockdale Capital Partners zeros in on significant real estate value opportunities that provide timely, consistent, and repeatable returns. 34). We need to have a vibrant space there, said Betsy Brennan, president and CEO of the Downtown San Diego Partnership. 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. Finally, Plaintiff was recognized in the Dallas Business Journal as one of the "Best Places to Work" in 2016, 2017, and 2018. WSO depends on everyone being able to pitch in when they know something. Luxottica Grp. 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. She worked as a multimedia journalist and anchor at WRTV in Indianapolis. Macy's filed a lawsuit to stop Stockdale Capital Partners' project. 3d 1151, 1159 (S.D. Monday, Nov 28, 2022 . 41-1 at 112). 2d at 698, typically ranging between $50 million and $200 million and at times reaching up to $400 million. 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. Defendants contend that "Stockdale" is at best merely descriptive because it is a surname and because it is geographically descriptive.

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