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Nexera is owner and operator of the Lavernia, Wooden Horse and Stockdale Horizon . 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 lawsuit. Stockdale plans to convert the mall that sparked development of the Gaslamp Quarter into a mixed-use development centered on new offices. 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. See, e.g., (Doc. Id. 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. Id. It markets itself as "Stockdale," and has operated continuously under that name since its inception in 1989. 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. Care exercised by potential purchasers. Cir. Although Plaintiff testified that it does not track its advertising expenditures, id. The mall opened in 1985 but has grown obsolete Both programs also aired on public television stations nationwide. HON. Gary Stockdale. The new layout called for an overhaul of the site that would strip it of its orignal detail and design intent. 61.7 F. Los Angeles. 2005-2023 Wall Street Oasis. 53 at 15). There, the plaintiff, a self-storage services company, sued a competitor for infringing upon its use of a particular star symbol. Steve and Shawn Yari, who founded Spellbound Entertainment, are also managing partners at Stockdale Capital Partners, a real estate investment firm based in Los Angeles, California, that owns . 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. betaadjusted RE. 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. Indeed, "Stockdale" is not defined in the dictionary. A descriptive mark can only be protectible when it has acquired secondary meaning. Oct. 15, 2019). 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. 1225(a), and unfair competition under Texas common law. However, proof of a defendant's intent is not required to establish trademark infringement. The other two instances provide a somewhat more tenable basis for actual confusion. 41-2 3). Id. (2008) and Mamma Mia! Tex. The premise of the show was that two . The company is an owner-operator specializing . See you on the other side! All rights reserved 2023 The Real Deal is a registered Trademark of Korangy Publishing Inc. Unlock with your email and get bonus: 6 financial modeling lessons free ($199 value). 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. 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. Defendants urge that the evidence presented here is more analogous to that in Amazing Spaces, Inc., 608 F.3d at 225. Id. 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. (Doc. Edward Kaen has been working at Stockdale Capital Partners for 4 years. February 22, 2017. 41-10). 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.") Prior to Octavian, Mr. Michaels worked at various well-respected. 41-7) and the International Council for Shopping Centers (Doc. The court can consider any evidence in "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any." Buyer: Los Angeles-based Stockdale Capital Partners. In the process, the developer hopes to create thousands of high-paying jobs and hundreds of millions of dollars if not billions in yearly economic impact. 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. To prevail on a trademark infringement claim under the Lanham Act, 15 U.S.C. 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. Earnhardt v. Kerry Earnhardt, Inc., 864 F.3d 1374, 1377 (Fed. The Company invests, owns, and operates multiple asset classes. The mall was designed by architect Jon Jerdeand opened in 1985 in the citys historic Gaslamp Quarter. In one instance, following an article reporting on Stockdale Capital Partners' involvement with the redevelopment of a San Diego shopping mall, Plaintiff's managing partner received an email asking "Is this you guys?!" The USPTO denied Plaintiff's application to register "Stockdale" in October 2018 on the basis that it is primarily a surname. 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. 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. For the foregoing reasons, the Court DENIES Defendants' Motion for Summary Judgment. Lebanon-St. Peter Cathedral at 333 San Vicente Blvd. The Court finds neither the passing email inquiry nor allusions to third parties' confusion to be compelling evidence of actual confusion. No. The goal is to finish the redevelopment of the mall in the second quarter of 2022, Divinsky said. 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'. Along the canal, Stockdale . They contended Columbia Sussex accepted $63 million in PPP funding intended to keep workers employed, but ended up laying off thousands of people. No. google classroom parent letter Even sophisticated real estate entities may, at least initially, believe that the two parties are affiliated with one another, which could cause reputational harm. Stockdale Capital Partners plans to resurrect the former Horton Plaza Mall, a . 34). If a mark has acquired secondary meaning, it is deemed to be a strong mark. Stockdale Capital Partners zeros in on significant real estate value opportunities that provide timely, consistent, and repeatable returns. 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." No. Louisville Football 2020 Stats, No. (internal quotation marks omitted). 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. Macy's filed a lawsuit to stop Stockdale Capital Partners' project. vintage canvas 'painting ideas. See (Doc. A genuine issue of material fact exists if a reasonable jury could enter a verdict for the non-moving party. at 237; see also Wal-Mart Stores, Inc. v. Samara Bros, Inc., 529 U.S. 205, 210-11 (2000). Westwood-based Stockdale Capital Partners bought the J.W. The . Viacom Int'l, 891 F.3d at 193. stockdale capital lawsuit While the Jon Jerde-designed center attracts almost no customers today, it does attract lawsuits. This is ClassAction.org's current list of open lawsuits and investigations. 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 . 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. While there, she launched The Weekend Edition of Good Morning Indiana and generated breaking news content for both broadcast and digital platforms. 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. The Marker, a 208-key hotel built in 1910, is blocks away from Union Square and the Moscone Convention Center. Los Angeles, California. The parties dispute the extent to which their real estate services overlap. 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. Id. See SA Bay LLC v. Hall, 849 F. Supp. No. Downtowns retail dead zone Horton Plaza is headed for permanent retirement. See, e.g., (Doc. Amazing Spaces, Inc. v. Metro Mini Storage, 608 F.3d 225, 237 (5th Cir. What additional experience/credentials can I get to set myself apart? Nexera Energy Inc. (TSX Venture: NGY) is an energy company with oil producing properties in Southwest Texas. Stockdale Capital Partners serves customers in the States . She worked as a multimedia journalist and anchor at WRTV in Indianapolis. Excited to kick off 2023 with the news that Cain has been nominated in two categories for Real Estate . in the face of competition from online shopping outlets. for Good Gov't, 901 F.3d at 508. 2017) (quoting In re Hutchinson Tech., Inc., 852 F.2d 552, 554 (Fed. Only three claims for relief remain at issue in this case; Plaintiff withdrew counts II, III, VII, and VIII in its Second Amended Complaint. At what point is it worth leaving your job and running your own firm? 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. A 19-story residential tower is in the works on the grounds of Our Lady of Mt. The company said Stockdale had violated the terms of its lease with the redevelopment plans that shifted the malls emphasis as a retail center. (Doc. 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. 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. The sophistication and diligence involved in real estate dealings weigh against a likelihood of confusion. . "A finding of a likelihood of confusion is a finding of fact." Sep 3, 2020. Stockdale acquired the mall in 2018 from Westfield for $175 million. (Attachments: #1 Supplement Certificate of Good Standing USDC DC, #2 Supplement Cert . 4:18-cv-2949 (S.D. 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 . Here We Go Again (2018). All. Rank: Chimp 3 . He was told that that was a different Stockdale. 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). May 2021 - Present7 months. Id. 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. Gensler is designing the project, and CBRE is in charge of leasing. Ticketmaster Dallas Stars, Tex. Lawsuit: Sacramento police uses force against racial justice protests but ignores Proud Boys . Guilt And Redemption In The Kite Runner, 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). A judge issued a temporary restraining order Monday and scheduled a July [] 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. President SIXONENINE Design + Development, LLC Sep 2017 - Present 5 years 7 months. 41-8); and it has sponsored various events such as the Design Week Dallas, 2018 Thrift Studio, and Light Up Lakewood (Doc. Deleniti a sapiente doloribus et rerum. 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. Moreover, as occurred on at least one occasion discussed above, real estate brokers evaluating bids, upon seeing "Stockdale," may initially confuse one Stockdale for the other, thereby causing one party to lose out on a transaction. Coll. 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. The name "Stockdale" was on a list of potential buyers. No. This factor weighs against a likelihood of confusion. Every story is a dose of insight into how to run a better, more efficient, more profitable business. Finally, Plaintiff was recognized in the Dallas Business Journal as one of the "Best Places to Work" in 2016, 2017, and 2018. See Bd. Moreover, both parties acknowledge that potential consumers in the real estate industry exercise a high degree of due diligence in their dealings. Wal-Mart Stores, Inc., 529 U.S. at 210-11. (Doc. It opened to great fanfare in 1985. at 935. No. The evidence and inferences must be viewed in the light most favorable to the nonmoving party. Downtown's retail ghost town is on the cusp of construction activity with Horton Plaza's owner now financially equipped to convert the property into a mixed-use office campus for elite tech tenants. The lobby of the Galleria in Scottsdale, Ariz. On one hand, Defendants argue that the parties provide different services and operate on different scales. The headquarter was located at 5151 Stockdale Highway, Bakersfield, CA 93309. 3d 928 (S.D. 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. However, while empirical evidence such as consumer surveys is the strongest evidence of secondary meaning, it is not required. Apply to Senior Financial Accountant, Realtor, Line Cook/prep Cook and more! 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." Co-founders Sean and Stephen Yari, Property on 1740 Ocean Avenue (Google Maps) JW Marriott Rumelia Gott Hotel Santa monica Sold to Stockdale Capital Partners for about $ 75 million Genuine Have learned.. Bill Doak, Managing Director of Hospitality at Stockdale, confirmed the sale but did not provide the exact amount. Stockdale Capital Partners, a Los Angeles-based opportunistic real estate investor, paid $175 millionfor the beleaguered Horton Plaza in the heart of downtown San Diego last week and plans to convert the mall into a mixed-use office and retail development that will cater to technology and creative companies. Details on the settlement were not released. Mark similarity "is determined by comparing the marks' appearance, sound, and meaning." 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. 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. We are moving full steam ahead with leasing discussions and to announce a mix of exciting and impactful tenants shortly.. No. Inc., 852 F.2d at 556 (explaining that lack of dictionary definitions is indicia that the primary significance of a mark is as a surname). Company profile page for Stockdale Capital Partners LLC including stock price, company news, press releases, executives, board members, and contact information Defendant's intent. Stockdale Capital Partners has also raised a fund. 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. Id. The list is updated frequently, so check . stockdale capital lawsuit. No. See In re Hutchinson Tech. In 2018, Stockdale Capital Partners purchased the property and announced plans to develop it into an office park and tech campus. 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. For instance, it spent more than $50,000 to acquire the internet domain name, stockdale.com (Doc. The flashy-at-the-time shopping center, designed with a Disneyland-meets-Italian-hills vibe, was seen as a model of urban development. The J.W. Macy's is not sold on the idea. 2008) (affirming a grant of summary judgment on plaintiff's claim of trademark infringement on a record without survey evidence). . No. centovalli railway map; josh brubaker radio station; ejemplo de libertad externa y libertad interna; columbus high school tennis; gillian turner political party By contrast, generic marks "refer to the genus of which the particular product is a species," and thus are never registrable as trademarks. In weighing these factors, no one factor is dispositive, and a finding of likelihood of confusion need not be supported by a majority of the factors. Id. It could add an additional 1.5 million square feet of office space and other amenities down the road. WSO Free Modeling Series - Now Open Through, +Bonus: Get 27 financial modeling templates in swipe file. Fed. 34-5 at 138:15-24). What do you want to hear hosts Jade Hindmon and Maureen Cavanaugh talk about on Midday? "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,. Id. 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. PublishedOctober 21, 2019 at 10:00 AM PDT. Located in Scottsdale, Arizona, the new multi-family development will incorporate 260 units. Greater San Diego Area View Troy's full profile . Last year, Stockdale Capital purchased for approximately $70 million the Class A medical laboratory and office building, formally known as the Henkel Corporate offices at Scottsdale Road and Loop 101. at 248. 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. Recruiters / other best ways to find remote RE jobs? Agric. 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. It has secured a $550 million real estate opportunity fund to look at new opportunities. Tex. No. Plaintiff was not in fact involved with that deal. invitation to love poem analysis; how to take care of your soul sermon; list of largest unsupported domes in the world. 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. Stockdale Capital Partners is a growing Los Angeles based vertically-integrated real estate investment firm, affiliated with Stockdale Management, a property management firm. The Court addresses each in turn. Stockdale Capital Partners announced the agreement reached with Macy's to allow the downtown San Diego project to move forward. Despite the pandemic, Stockdale has embarked on a $12 million refurbishing effort to attract life science users. 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. . The new owners, Stockdale Capital Partners, bought Horton Plaza just over a year ago and have. 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. 20 Stockdale jobs available on Indeed.com. The American Civil Liberties Union's West Virginia chapter filed a federal lawsuit last week. The 110-foot, $20 million-plus mega-yacht is expected to launch in 2017. 41-17 at 26:12-16). Finn began her career in broadcasting at KTLA and KCET in Los Angeles. The open air shopping center at 8340 Northfield Blvd. Greater Los Angeles Area. 3d 573, 589 (S.D. 2008). Construction Efforts to Redevelop Horton Plaza to Continue in Earnest SAN DIEGO (March 9, 2020) -- Today, Stockdale Capital Partners ("Stockdale") announced the closing of a $330 million loan with a group of funds managed by Alliance Bernstein to continue redevelopment efforts at Horton Plaza. 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. Advertising media identity. To determine whether a mark is distinctive, marks are often classified into categories of generally increasing distinctiveness: they may be (1) generic, (2) descriptive, (3) suggestive, (4) arbitrary, or (5) fanciful. 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." Texas Outhouse Inc. v. Fresh Can, LLC, 266 F. Supp. Next door to Horton Plaza, British Columbia-based Bosa Developmentis planning a major redevelopment of the Paladion building to make way for 162,000 square feet of creative office space. The organisation's status is listed as "Active". No. 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." Before the Court is Defendants' Motion for Summary Judgment. 2d 761, 722 (S.D. Going Vertical Stockdale Capital Partners and Jasper Ridge Partners have formed an institutional joint venture to recapitalize $142.5M Galleria Corporate Center in Scottsdale, AZ. By Posted student houses falmouth 2021 In jw marriott panama concierge lounge Stockdale Capital Partners is a growing Los Angeles based vertically-integrated real estate investment firm, affiliated with Stockdale Management, a property management firm. Westfield did not respond to a request for comment. 2012) (quoting Am. STOCKDALE INVESTMENT GROUP INC. D/B/A STOCKDALE, Plaintiff, v. STOCKDALE CAPITAL PARTNERS, LLC, et al, Defendants. Stockdale Capital already has a template for the project: Four years ago in the Old Town district of Scottsdale, Arizona, it acquired the 537,100-square-foot Galleria, an anchorless mall concept that opened in a sluggish economy in 1991 and then promptly closed two years later. can you smoke on royal caribbean cruise ships stockdale capital lawsuit. 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. 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." Stockdale Capital Partners is now laying the groundwork to transform Horton Plaza into San Diegos next big economic windfall: a modern office campus. Music Department: Star Trek Beyond. at 508-09. March 6, 2017. why is there a plague in thebes oedipus. LOS ANGELESStockdale Capital Companions (Stockdale), a Los Angeles-based, vertically-integrated actual property funding company, bought the DoubleTree Suites Salt Lake Town Downtown. However, actual confusion need not be proven to establish a likelihood of confusion; this factor is accordingly neutral. Sch. An identifying mark can be distinctive in one of two ways: it can be inherently distinctive, or it can acquire distinctiveness through "secondary meaning." Los Angeles-based Stockdale's planned $275 million . A few months before the malls sale, the owner of Jimbos Naturally food store chain filed a lawsuit against Westfield for breach of contract, claiming that the landlords failure to maintain the property drove away customers.