stockdale capital lawsuit

A likelihood of confusion requires a "probability of confusion, which is more than a mere possibility of confusion." No. 61.7 F. Los Angeles. Macy's sued Stockdale Capital Partners in October arguing . Prior to Octavian, Mr. Michaels worked at various well-respected. No. 3d 928 (S.D. Plaintiff was not in fact involved with that deal. 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 Hotel on Brighton Blvd. Stockdale acquired the mall in 2018 from 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. Id. We're championing. No. She is a proud graduate of Florida Agricultural and Mechanical University. 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. Prior to Indianapolis, she was an anchor and multimedia journalist at FOX Carolina in Greenville, SC. Westfield for $175 million. 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. By Isabella Farr. - Advertisement - 1976)). Stockdale Capital isnt the only investor in downtown San Diego targeting tech tenants. No. Quilvest partners with Stockdale Capital to invest up to $100m for US medical RE. at 10. Stockdale Capital Partners and Jasper Ridge Partners have formed an institutional joint venture to recapitalize $142.5M Galleria Corporate Center in Scottsdale, AZ. They feature, for example, different fonts, inverted color schemes, and one includes the additional words "Capital Partners." Plaintiff contends that the mark is arbitrary. 10850 Wilshire Blvd Ste 1050, Los Angeles, California, 90024, United States. Compare top Ohio lawyers' fees, client reviews, lawyer rating, case results, education, awards, publications, social media and work history. Subscribe. A massive adaptive reuse project in downtown San Diego, Campus at Horton, signals the start of an urban lab boom. (Doc. Industry: Venture capital companies Printer Friendly View Address: 10850 Wilshire Blvd Los Angeles, CA, 90024-4305 United States Katrina has 7 jobs listed on their profile. Stockdale Capital Partners announced the agreement reached with Macy's to allow the downtown San Diego project to move forward. Authors Channel Summit. Macy's filed a lawsuit to stop Stockdale Capital Partners' project. 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. 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. 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. Id. 34-13 at 2). Stockdale plans to convert the mall that sparked development of the Gaslamp Quarter into a mixed-use development centered on new offices. 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. 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. The company is an owner-operator specializing . Stockdale acquired the mall in 2018 from Westfield for $175 million. stockdale capital lawsuit Allegations of unpaid labor, bribery, and more surround the initial lawsuit and a countersuit. invitation to love poem analysis; how to take care of your soul sermon; list of largest unsupported domes in the world. Sticker shock: Ranking South Floridas priciest residential rentals, Here are Chicago's top 10 construction permits issued in May. Earnhardt v. Kerry Earnhardt, Inc., 864 F.3d 1374, 1377 (Fed. Although this lawsuit and others (Jimbo's Natural Foods is also suing) do not comment on preserving . Yari's company, Stockdale Capital, recently completed the adaptive reuse of the former Henkel Scottsdale headquarters near Loop 101 and Scottsdale Road, including renaming the building, the . All. 2012) (quoting Am. (Doc. stockdale capital lawsuit. It further contends that there is no likelihood of confusion between Plaintiff and Defendants' marks. Stockdale Capital Partners purchased a 175-key hotel. focused on structured investment opportunities. 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. 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." 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. By contrast, generic marks "refer to the genus of which the particular product is a species," and thus are never registrable as trademarks. 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. See 2 McCarthy on Trademarks and Unfair Competition 13:30 (5th ed.). Bulbs 4 East Side, Inc. v. Ricks, 199 F. Supp. Stockdales managing director for hospitality, Bill Doak, confirmed the sale but would not provide an exact dollar amount. If a mark has acquired secondary meaning, it is deemed to be a strong mark. Stockdales plans would reduce retail space in No. Courts have recognized that the more expensive the item or service, the more care a potential purchaser will likely take in its selection. The lawsuit says the plaintiff, the owner of a Virginia plumbing business who allegedly paid the defendants "a staggering $347,075 in interest" in less than a year and an additional $68,494 in ACH program fees, is a prime example of "both the destruction of small businesses and the devastation to their individual owners and families." 53 at 18). Lebanon-St. Peter Cathedral at 333 San Vicente Blvd. Notably, Plaintiff does not provide empirical evidence connecting Plaintiff's efforts to their efficacy in altering consumer association. 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." Rendering courtesy of Stockdale Capital Partners The company purchased Horton Plaza, a once-vibrant downtown mall, from Westfield in August 2018, with the intention of transforming the post-modern buildings into a life science destination encompassing 770,000 square feet of office space. All content is posted anonymously by employees working at Stockdale Capital Partners. Pat Finn previously served as a producer for KPBS Midday Edition and KPBS Evening Edition. Capital preservation through proven, experienced risk management. And a day-to-night ambience, complete with an upgraded Lyceum Theater, is intended to be inviting for workers, downtown dwellers and Gaslamp visitors. May 2021 - Present7 months. No. It registered the name "Stockdale, LLC" and "Stockdale Capital" with the Texas Secretary of State in 2014 and 2017, respectively. Los Angeles-based Stockdale's planned $275 million . See In re Hutchinson Tech. San Diego Union-Tribune reporter Jennifer Van Grove joins Midday Edition to explain the lawsuits and and the cutrrent status of the mall. Please visit our associate and lateral pages to learn more about the positions and a career at Baird Holm. The deal closed May 11. (2008) and Mamma Mia! 2009). The center was sold by Australian investment firm QIC, which purchased it in late 2017 as part of a larger deal with . The list is updated frequently, so check . The Court made that decision in response to a lawsuit filed by the Sierra Club. 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. 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 product of builder Ernest W. Hahn, Horton Plaza opened in 1985 to national acclaim. She oversaw the stations local and national productions, including the one-hour documentary Los Romeros: The Royal Family of the Guitar, and Child Protective Services, a one-hour look inside the San Diego County agency responsible for the welfare of at risk children. Founded in 2010, Stockdale Capital Partners is a real estate investment firm focused on owning and acquiring assets in the western United States. Along the canal, Stockdale . Marriott Le Merigot in Santa Monica for $75 million in May, around $428,600 per room. in northern Denver sold last week to entities affiliated with Los Angeles-based Stockdale Capital Partners. There, the plaintiff, a self-storage services company, sued a competitor for infringing upon its use of a particular star symbol. Before the pandemic, Le Merigot housekeeping staff had filed complaints with California, alleging the company withheld wages and failed to pay overtime, according to Unite Here, a labor union that represents around 50 workers at the hotel. Actual confusion. Id. (function($) {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. We want downtown San Diego to be a serious contender for major facilities and site selection searches of the caliber of Amazons HQ2, said Dan Michaels, managing director of Stockdale Capital. at 508-09. 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. As the USPTO determined, "Stockdale" as a surname is not rare, with 6013 entries in the Lexis database. Plaintiff relocated its headquarters to Texas in 2012. Id. 41-16 at 20). However, while empirical evidence such as consumer surveys is the strongest evidence of secondary meaning, it is not required. or Want to Sign up with your social account? Where the likelihood-of-confusion analysis is closely balanced, the question should be resolved in favor of the senior user. . The California-based investment firm owns hotels in Scottsdale, Arizona, and medical and office space in California. See, e.g., Viacom Int'l, 891 F.3d at 191. the mall from the 600,000 square feet that was required in deed restrictions to 20 Stockdale jobs available on Indeed.com. Id. 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. Like other hotels hit hard by the pandemic, Columbia Sussex tapped federal funding through the governments PPP loan program. In 1979 she became KPBS Public Information Director, then Director of Advertising and Promotion, Program Director, and Director of Broadcasting. No. 41-1 at 112). Stockdale Capital Partners declined to comment for this story. Get instant access to lessons taught by experienced private equity pros and bulge bracket investment bankers including financial statement modeling, DCF, M&A, LBO, Comps and Excel Modeling. In August 2018, Plaintiff filed suit, alleging claims for relief including trademark infringement under 15 U.S.C. But not his teammates. Additionally, it intends to turn a path that winds through the development into a public boardwalk. 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. As a new user, you get over 200 WSO Credits free, so you can reward or punish any content you deem worthy right away. This factor is also neutral. 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. 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. Stockdale Capital Partners plans to resurrect the former Horton Plaza Mall, a . Stockdale Capital Partners, LLC Nov 2022 - Present 5 months. (Doc. No. No. institutions including The Carlyle Group, Highbridge Capital and Morgan Stanley. The latter three categories of marks are deemed inherently distinctive and are entitled to protection because their intrinsic nature serves to identify a particular source of a product. "Everything along 1st Avenue is being redone, the former Nordstrom, the former Mervyn's," Divinsky said. Excited to kick off 2023 with the news that Cain has been nominated in two categories for Real Estate . Food and Words for Nerds. 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. Cho, through his firm Mitaa Group, owns a handful of commercial properties . 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. 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. Every story is a dose of insight into how to run a better, more efficient, more profitable business. Stockdale purchased the bulk of the open-air shopping center last . Could more local solutions work. Copyright 2023 NBCUniversal Media, LLC. Stockdale Capital Partners announced the agreement reached with Macy's to allow the downtown San Diego project to move forward. 2d at 698, typically ranging between $50 million and $200 million and at times reaching up to $400 million. 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. A). 41-4 at 117), (Doc. Similarity of the marks. 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.. Defendants maintain that they do not engage in any advertising, marketing, or sponsorships. What do you want to hear hosts Jade Hindmon and Maureen Cavanaugh talk about on Midday? Marriott Le Merigot hotel in Santa Monica sold to Stockdale Capital Partners for around $75 million, The Real Deal has learned. No. 27, 2017) (quoting Am Rice, 518 F.3d at 332)). 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. The mall was designed by architect Jon Jerdeand opened in 1985 in the citys historic Gaslamp Quarter. LPC acquires stake in proptech leader Equiem. The name "Stockdale" was on a list of potential buyers. Wal-Mart Stores, Inc., 529 U.S. at 210-11. If we can get some of those high-paying tech jobs to downtown people will able to live and work in the same place.. ACACDC-33568730) filed by Defendant Stockdale Capital Partners, LLC. 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. Texas Outhouse Inc. v. Fresh Can, LLC, 266 F. Supp. of Law, 214 F. Supp. Co-Founders Shawn and Steven Yari, with the property at 1740 Ocean Avenue (Google Maps . Stockdale Capital Partners is now laying the groundwork to transform Horton Plaza into San Diego's next big economic windfall: a modern office campus. 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. Defendants contend that "Stockdale" is at best merely descriptive because it is a surname and because it is geographically descriptive. B-1); it advertises its properties and brand in trade magazines and on websites (Doc. Anyone familiar with the culture, hours, and comps for investment associate at Stockdale Capital Partner? Louisville Football 2020 Stats, See, e.g. Kurt Petersen, co-president of Unite Here Local 11, said he was excited to work with Stockdale, adding union members want peace, not to continue the war.. Ticketmaster Dallas Stars, 34-8 at 2). 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?" 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. P. 56(a). 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. 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.") Stream Live Now ; News; Recent Coverage; Originals; Trials; Court TV Mystery; Talent; About Us; Press; Contact Real Estate Private Equity. stockdale capital lawsuit. In each newsletter, we also highlight settlements that are ending soon, helping to ensure you don't miss out on money you're owed. The company is an owner-operator specializing in the redevelopment and. 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. Stockdale Capital Partners is part of the Real Estate industry, and located in California, United States. 1998). For the foregoing reasons, the Court DENIES Defendants' Motion for Summary Judgment. Macy's Continues Lawsuit Against Horton Plaza Redevelopment, News study outlines air pollution from Tijuana sewage, Art Show: 'The Possibility of Something Happening', MASTERPIECE CLASSIC: The Mystery Of Edwin Drood, Current rainy season could be a drought buster, forecaster says, Settlement reached in Tijuana sewage lawsuit, Brittney Griner urges the return of U.S. detainees abroad at NAACP Image Awards, Washington state attorney general says FDA rules on abortion drug are unreasonable, An Arizona driver is in custody after crashing into bicycling group, killing 2, How Cardiff's new farmers market may help keep small farms in business, San Diego officials work to stop elephant poaching. Plaintiff also sought a permanent injunction, which the Court denied in January 2019. Deleniti a sapiente doloribus et rerum. "A finding of a likelihood of confusion is a finding of fact." Mar. Id. is not active anymore since 2001-05-24 due to Merger - Without Assistance. Sch. No. They proposed an "innovation hub" focused on technology and biotechnology companies. stockdale capital lawsuit. A 19-story residential tower is in the works on the grounds of Our Lady of Mt. Id. at 8. 34-2 7, 9). Even sophisticated real estate entities may, at least initially, believe that the two parties are affiliated with one another, which could cause reputational harm. Defendants have used the name "Stockdale" continuously since their collective inception in 2013. See Xtreme Lashes, 576 F.3d at 229. Annualized for September 30, 2021 and September 30 . Once a movant meets this burden, the burden shifts to the nonmovant to show the existence of a genuine fact issue for trial. Smack Apparel, 550 F.3d at 478. Here We Go Again (2018). This factor weighs in favor of a likelihood of confusion. . Macy's filed a lawsuit to stop Stockdale Capital Partners' project. Gensler is designing the project, and CBRE is in charge of leasing. 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 Diego. The company said Stockdale had violated the terms of its lease with the redevelopment plans that shifted the malls emphasis as a retail center. (John Kelley, John Gibbins, Jennifer Van. Two Pesos, 505 U.S. at 769. Westwood-based Stockdale Capital Partners bought the J.W. 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). 2005-2023 Wall Street Oasis. The best employees, having . Xtreme Lashes, 576 F.3d at 231. No. 300,000 square feet to make room for offices. An identifying mark can be distinctive in one of two ways: it can be inherently distinctive, or it can acquire distinctiveness through "secondary meaning." Tex. 34). 4:18-cv-2949 (S.D. Unlock with your email and get bonus: 6 financial modeling lessons free ($199 value). However, actual confusion need not be proven to establish a likelihood of confusion; this factor is accordingly neutral. 1225(a), and unfair competition under Texas common law. Greater Los Angeles Area. A defensive stalwart, Oswego Easts Tyler Jasek surprises Joliet West. Menu. The new layout called for an overhaul of the site that would strip it of its orignal detail and design intent. The mall opened in 1985 but has grown obsolete The state is expecting to hold hearings on the complaints in the coming weeks. Springboards to Educ., Inc. v. Hous. See In re Hutchinson Tech. Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986). Before the Court is Defendants' Motion for Summary Judgment. The Court addresses each in turn. Jade Hindmon is KPBS Midday Edition co-host. 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. The lobby of the Galleria in Scottsdale, Ariz. All Rights Reserved. KEITH P. ELLISON UNITED STATES DISTRICT JUDGE. Id. It focuses on the "real estate design, construction, and property management space." 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. No. But in October, eight Congress members including three from the L.A. area asked the Small Business Administration to investigate Columbia Sussex for allegedly misusing the funds. for Good Gov't v. Coal. Here, the designs of the two marks, taken as a whole, are certainly distinguishable. Stockdale Capital Partners serves customers in the States . . 3d 573, 589 (S.D. 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. 41-2 3). Buyer: Los Angeles-based Stockdale Capital Partners. The court can consider any evidence in "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any." PublishedOctober 21, 2019 at 10:00 AM PDT. 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. Like hotel owners across the country, Columbia Sussex was slammed by the coronavirus. Id. 41-15 Ex. why is there a plague in thebes oedipus. See the complete profile on LinkedIn and discover Jane's connections and jobs at similar companies. Id. 34-2 8). How Much Do Twitch Streamers Make Per Ad,

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