(Courtesy Stockdale Capital Partners) The project, named The Campus at Horton, . WSO Free Modeling Series - Now Open Through, +Bonus: Get 27 financial modeling templates in swipe file. The company said Stockdale had violated the terms of its lease with the redevelopment plans that shifted the malls emphasis as a retail center. at 109, Plaintiff has provided evidence of its various advertising and promotional efforts. 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. It could add an additional 1.5 million square feet of office space and other amenities down the road. The USPTO denied Plaintiff's application to register "Stockdale" in October 2018 on the basis that it is primarily a surname. No. The best employees, having . Menu. Please visit our associate and lateral pages to learn more about the positions and a career at Baird Holm. (John Kelley, John Gibbins, Jennifer Van Grove). No. Voluptates quis est qui aut nulla. The Business Journalis the premier business publication in San Diego. at 321-25. 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. Luxottica Grp. Defendants maintain that they do not engage in any advertising, marketing, or sponsorships. 1988)). Wage theft is commonplace in San Diego. Stockdale Capital Partners is part of the Real Estate industry, and located in California, United States. Similarity of the marks. 2008) (internal citations omitted). Advertising media identity. 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. Find the best employment attorney serving Stockdale. Id. What do you want to hear hosts Jade Hindmon and Maureen Cavanaugh talk about on Midday? Keep up with all the latest news, arts and culture, and TV highlights from KPBS. 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'. Accordingly, Plaintiff's mark is descriptive as a surname. "We're thrilled to work on our first project for Stockdale Capital Partners," shared Jim Kurtzman . 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 . See Xtreme Lashes, 576 F.3d at 229. LPC acquires stake in proptech leader Equiem. There, the plaintiff, a self-storage services company, sued a competitor for infringing upon its use of a particular star symbol. at 935. The moving party bears the burden of demonstrating the absence of a genuine issue of material fact. Stockdale Radiology is a full-service imaging center with a dedicated women's center. No. The lobby of the Galleria in Scottsdale, Ariz. 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. Address: 20 Greenway Plaza. 1998). We're championing. "Stockdale" was chosen as a reference to Stockdale, California, where the company was founded. Location. Westwood-based Stockdale is just the latest Los Angeles-based investment firm to hunt for hotel acquisitions in the pandemic. No. Allegations of unpaid labor, bribery, and more surround the initial lawsuit and a countersuit. The Court evaluates each in turn. Plaintiff was not in fact involved with that deal. Springboards to Educ., 912 F.3d at 811. Stockdales managing director for hospitality, Bill Doak, confirmed the sale but would not provide an exact dollar amount. For instance, it spent more than $50,000 to acquire the internet domain name, stockdale.com (Doc. Stockdale Capital Partners' $275 million project, known as The Campus at Horton, could be halted unless the developer and Macy's can work out differences ahead of a June court date for a lawsuit recently filed by the retailer. 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 . The developer expects to complete the first phase in 2020, although the plans are subject to city approval. See 2 McCarthy on Trademarks and Unfair Competition 13:30 (5th ed.). March 6, 2017. Jade also had the opportunity to cover international news and was able to travel to South Africa during the 2010 World Cup. "Stockdale" was chosen as a reference to Stockdale, California, where the company was founded. 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. 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. 41-16 at 20). Texas Outhouse Inc. v. Fresh Can, LLC, 266 F. Supp. 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. Defendants "typically target investments, acquisitions, and developments that are in the $50 [million] to $200 [million] range, but up to $400 [million]." 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. 41-17 at 26:12-16). Going Vertical (Doc. Care exercised by potential purchasers. The list is updated frequently, so check . 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'. 41-8); and it has sponsored various events such as the Design Week Dallas, 2018 Thrift Studio, and Light Up Lakewood (Doc. Macy's filed a lawsuit to stop Stockdale Capital Partners' project. Acquisitions Professionals - Any Activity? By Posted student houses falmouth 2021 In jw marriott panama concierge lounge Our vertically-integrated real estate investment group focuses on profitable opportunities within the Western United States. 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. Id. Agric. Macy's sued Stockdale Capital Partners in October arguing . All. 2010) (quoting Two Pesos, Inc. v. Taco Cabana, Inc., 505 U.S. 763, 768 (1992)). All rights reserved 2023 The Real Deal is a registered Trademark of Korangy Publishing Inc. 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. Cir. The whimsical and colorful Horton Plaza Mall sits nearly empty on a corner of downtown San Diego. 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. February 22, 2017. Defendants urge that the evidence presented here is more analogous to that in Amazing Spaces, Inc., 608 F.3d at 225. (Doc. Stockdale Capital Partners announced the agreement reached with Macy's to allow the downtown San Diego project to move forward. stockdale capital lawsuit. Notably, Plaintiff does not provide empirical evidence connecting Plaintiff's efforts to their efficacy in altering consumer association. 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. However, proof of a defendant's intent is not required to establish trademark infringement. 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. As relevant here, terms that are "primarily merely surnames" or "primarily geographically descriptive" are deemed to be descriptive and thus unprotectable absent a showing of secondary meaning. It allows the public to enjoy Horton Plaza, retains some wonderful retail space and high-end restaurant space, and gives downtown a whole new opportunity for Class A tech office space.. President SIXONENINE Design + Development, LLC Sep 2017 - Present 5 years 7 months. The Court agrees. About Stockdale Capital Partners Founded in 2010, Stockdale Capital Partners is a real estate investment firm with 214 years of combined experience. But not his teammates. or Want to Sign up with your social account? However, while empirical evidence such as consumer surveys is the strongest evidence of secondary meaning, it is not required. Opinions expressed by Forbes Contributors are their own. Stockdale Capital Partners plans to resurrect the former Horton Plaza Mall, a . The evidence and inferences must be viewed in the light most favorable to the nonmoving party. 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. In August 2018, Plaintiff filed suit, alleging claims for relief including trademark infringement under 15 U.S.C. Stockdale Capital Partners serves customers in the States . 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. The center was sold by Australian investment firm QIC, which purchased it in late 2017 as part of a larger deal with . Additionally, it intends to turn a path that winds through the development into a public boardwalk. No. 3d 928 (S.D. No. A mark is protectable if it is distinctive, meaning it must be "capable of distinguishing the applicant's goods from those of others." Provide . at 7, 9. 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." Westwood-based Stockdale Capital Partners bought the J.W. Its a lofty vision that depends on high-profile tenants committing to the project and can be only realized once Stockdale Capital closes the transaction. 1225(a), unfair competition under 15 U.S.C. 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. 2005-2023 Wall Street Oasis. Disciplined, effective property operations and improvements. She worked as a multimedia journalist and anchor at WRTV in Indianapolis. In May, it sold . Vel assumenda harum laborum alias. I was exhausted., Do Not Sell/Share My Personal Information. See, e.g., (Doc. Unlock with your email and get bonus: 6 financial modeling lessons free ($199 value). No. Property records show two transactions totaling $71 million. Like hotel owners across the country, Columbia Sussex was slammed by the coronavirus. is not active anymore since 2001-05-24 due to Merger - Without Assistance. (Doc. Sticker shock: Ranking South Floridas priciest residential rentals, Here are Chicago's top 10 construction permits issued in May. It registered the name "Stockdale, LLC" and "Stockdale Capital" with the Texas Secretary of State in 2014 and 2017, respectively. No. 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. (Doc. 4:18-cv-2949 (S.D. Id. See (Doc. No. in the face of competition from online shopping outlets. Plaintiff claims that the current value of its real estate holdings is in excess of $150 million, and that since 2013 it has expended approximately $75 million in real estate acquisitions. Joseph Wong Design Associates is designing that project, and JLL is in charge of leasing. See 2(e), 15 U.S.C. 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." 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. See SA Bay LLC v. Hall, 849 F. Supp. . 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. P. 56(a). 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. 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. Sch. By contrast, generic marks "refer to the genus of which the particular product is a species," and thus are never registrable as trademarks. The total square footage of the properties, located at 9090 Wilshire. 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. Mr. RP 74. 34-13 at 2). Columbia Sussex listed the hotel, at 1740 Ocean Avenue, earlier this year. institutions including The Carlyle Group, Highbridge Capital and Morgan Stanley. Actual confusion. 41-15 Ex. Moreover, both parties acknowledge that potential consumers in the real estate industry exercise a high degree of due diligence in their dealings. Stockdale Capital Partners declined to comment for this story. The other two instances provide a somewhat more tenable basis for actual confusion. Defendants are also "involved in leasing and property management operations, but only as it relates to themselves for their own or their affiliates' properties." for Better Gov't, 901 F.3d 498, 505 (5th Cir. 300,000 square feet to make room for offices. Veritas $450M loan default: A sign of things to come? 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. See, e.g. Stockdale Capital Partners is now laying the groundwork to transform Horton Plaza into San Diegos next big economic windfall: a modern office campus. Improper Integrals Examples. at 248. The California-based investment firm owns hotels in Scottsdale, Arizona, and medical and office space in California. 2016); see also Smack Apparel Co., 550 F.3d 465 (5th Cir. Plaintiff, on the other hand, avers that the parties acquire the same types of properties, offer property management services, and perform similar business activities. Macy's filed a lawsuit to stop Stockdale Capital Partners' project. At the time it played a vital role in cleaning up the seedy district, largely known for porn shops and topless bars. (Doc. Stockdale acquired the mall in 2018 from Westfield for $175 million. (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. Stockdale Capital Partners is now laying the groundwork to transform Horton Plaza into San Diego's next big economic windfall: a modern office campus. Gensler is designing the project, and CBRE is in charge of leasing. Occaecati qui excepturi quia fuga. A defensive stalwart, Oswego Easts Tyler Jasek surprises Joliet West. 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 goal of this section is to provide consumers with a comprehensive resource on class action and mass tort lawsuits. 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. 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. 53 at 16). "Everything along 1st Avenue is being redone, the former Nordstrom, the former Mervyn's," Divinsky said. of Houston Sys. Id. Stockdale acquired the mall in 2018 from Plaintiff learned of Defendants in 2017 after a broker from a real estate investment firm contacted Plaintiff to inquire whether they were involved in marketing a pending deal. of Regents of the Univ. Coll. What additional experience/credentials can I get to set myself apart? Lincoln Property Company (LPC), one of the largest full-service real estate firms in the United States - owning and managing over 400 million square . Food and Words for Nerds. 2018); Paulsson Geophysical Servs, Inc. v. Sigmar, 529 F.3d 303, 309 (5th 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 Diego. 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. This factor weighs in favor of a likelihood of confusion. Copyright 2023 NBCUniversal Media, LLC. Stockdale purchased the bulk of the open-air shopping center last . Defendant's intent. 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. Capital preservation through proven, experienced risk management. for Good Gov't v. Coal. 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. Id. Music Department: Star Trek Beyond. For example, in Bulbs 4 East Side, the court determined that there was sufficient evidence to demonstrate secondary meaning where the plaintiff had used the mark continuously for some 34 years, its annual sales had increased over the past eight years to $1.4 million, its advertising expenses had grown during that period, and it enjoyed unsolicited nationwide media coverage. 34). Stockdale plans to redevelop the mall into a $275 million high-tech office space with fitness studios and restaurants on the ground floor. 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.