stockdale capital lawsuit

Stockdale Capital Partners plans to resurrect the former Horton Plaza Mall, a . Bainbridge DXS and its management wing Torrey Pines Hotel Group, launched a $500 million fund earlier this year to buy up to 200 distressed properties. 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. Subscribe. Voluptates quis est qui aut nulla. 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. 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. No. 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. Nexera Energy Inc. (TSX Venture: NGY) is an energy company with oil producing properties in Southwest Texas. Courts in the Fifth Circuit have found secondary meaning even in the absence of empirical evidence. Id. Stockdale Capital Partners Secures $330 Million Construction Loan for They feature, for example, different fonts, inverted color schemes, and one includes the additional words "Capital Partners." The other two instances provide a somewhat more tenable basis for actual confusion. See 2 McCarthy on Trademarks and Unfair Competition 13:30 (5th ed.). It could add an additional 1.5 million square feet of office space and other amenities down the road. Stockdale Capital Partners Acquires Le Merigot Hotel in Santa Monica No. Macy's sued Stockdale Capital Partners in October arguing . Exterior construction will begin shortly with 600-800 construction workers expected [] 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?" Expands and Extends Existing Lease at Stockdale Capitals Sugar Creek Complex, Stockdale Capital and Ace Parking Form Partnership with Grosvenor Group to Acquire Parking Assets, Stockdale Capital Announces Partnership with Siguler Guff & Company, LP, Stockdale Capital Purchases of Two West LA Medical Office Buildings, New 250,700 SF Creative Office Building Coming to Downtown Scottsdale. "Everything along 1st Avenue is being redone, the former Nordstrom, the former Mervyn's," Divinsky said. The flashy-at-the-time shopping center, designed with a Disneyland-meets-Italian-hills vibe, was seen as a model of urban development. See In re Hutchinson Tech. Stockdale Capital Partners, LLC Oct 2020 - Present2 years 4 months Los Angeles Acquisitions & Investment strategy Senior Vice President, Real Estate Investments ClubCorp Feb 2018 - Feb 20202. 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. Macy's Continues Lawsuit Against Horton Plaza Redevelopment It also pointed to the absence of survey evidence and the fact that the consumer declarations showed that their confusion stemmed from the overall architecture of the facilities, not from the similarity of the plaintiff's and defendant's symbols. Id. (Doc. Actual confusion. On one hand, Defendants argue that the parties provide different services and operate on different scales. 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. Similarity of the services and purchaser identity. Wage theft is commonplace in San Diego. 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.. Recruiters / other best ways to find remote RE jobs? Tex. (Doc. 1225(a), unfair competition under 15 U.S.C. Stockdale Capital Partners Continuing Major Scottsdale Investments 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." Jade also had the opportunity to cover international news and was able to travel to South Africa during the 2010 World Cup. In two of these instances, however, while the witnesses did wrongly presume that "Stockdale" referred to Plaintiff, the witnesses did not specifically confuse Defendants' mark for Plaintiff'sin other words, Defendants' mark was not the source of confusion. 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. More Than Beakers And Pipettes: Biotech Developments Go Big can you smoke on royal caribbean cruise ships stockdale capital lawsuit. Address: 20 Greenway Plaza. 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. Loan Of $330M Secured For Horton Plaza Redevelopment (2008) and Mamma Mia! Jeff Weiss - Santa Monica, California, United States - LinkedIn 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. Sorry, you need to login or sign up in order to vote. Defendants are also "involved in leasing and property management operations, but only as it relates to themselves for their own or their affiliates' properties." That process may hinge around a successful resolution to a lawsuit brought against Westfield in late May by disgruntled Horton Plaza tenant Jimbos. No. Id. See Bd. Retailer's Exit Lets Developer Stockdale Proceed With $275 Million Downtown Project By Lou Hirsh CoStar News Developer Stockdale Capital Partners' plans to turn a faded downtown San Diego mall into creative offices are back on schedule, after longtime tenant Macy's dropped its opposition and announced plans to vacate the site in March. at 6. Dist., 912 F.3d 805, 811 (5th Cir. Sep 3, 2020. Stockdale Capital Partners purchased a 175-key hotel. Stockdale Capital Partners is now laying the groundwork to transform Horton Plaza into San Diegos next big economic windfall: a modern office campus. 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. It markets itself as "Stockdale," and has operated continuously under that name since its inception in 1989. Defendants "typically target investments, acquisitions, and developments that are in the $50 [million] to $200 [million] range, but up to $400 [million]." $450M Scottsdale redevelopment was decades in the making 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. at 248-49. LOS ANGELESStockdale Capital Partners (Stockdale) announced that it has acquired The Marker hotel in San Francisco for $77 million from Pebblebrook Hotel Trust. The Court evaluates each in turn. No. (John Kelley, John Gibbins, Jennifer Van Grove). Stockdale plans to redevelop the mall into a $275 million high-tech office space with fitness studios and restaurants on the ground floor. Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. While the Jon Jerde-designed center attracts almost no customers today, it does attract lawsuits. Los Angeles /. 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. Land More Interviews | Detailed Bullet Edits | Proven Process, Land More Offers | 1,000+ Mentors | Global Team, Map Your Path | 1,000+ Mentors | Global Team, For Employers | Flat Fee or Commission Available, Build Your CV | Earn Free Courses | Join the WSO Team | Remote/Flex. The firm did not respond to multiple requests for comment. stockdale capital lawsuit. Anodyne mega-yacht hits halfway on $20 million-plus overhaul Jimbo's asks court to halt Horton Plaza redevelopment (Doc. Bulbs 4 East Side, Inc. v. Ricks, 199 F. Supp. A defensive stalwart, Oswego Easts Tyler Jasek surprises Joliet West. The total fine was more than $2million. 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 serves customers in the States . Such associational confusion is particularly pertinent where, as here, both parties are real estate companies employing the name "Stockdale" with logos containing similar color schemes. 34-5 at 138:15-24). 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. Founded in 2010, Stockdale Capital Partners is a real estate investment firm with 214 years of combined experience. No. . Keep up with all the latest news, arts and culture, and TV highlights from KPBS. Defendants maintain that they do not engage in any advertising, marketing, or sponsorships. Kentucky-based Columbia Sussex sold the 175-key. Plaintiff relocated its headquarters to Texas in 2012. Indep. All Rights Reserved. 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. 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. 2008) (internal citations omitted). Co-Founders Shawn and Steven Yari, with the property at 1740 Ocean Avenue (Google Maps . UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION. 53 at 18). Defendants "are primarily focused on the acquisition and development of real estate for commercial uses" and seek investments from "ultra-high net worth individuals." $330M Loan Secured for Horton Plaza Redevelopment Full title:STOCKDALE INVESTMENT GROUP INC. D/B/A STOCKDALE, Plaintiff, v. STOCKDALE, Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION. 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?!" Before the Court is Defendants' Motion for Summary Judgment. At the time it played a vital role in cleaning up the seedy district, largely known for porn shops and topless bars. Cho, through his firm Mitaa Group, owns a handful of commercial properties . 41-1 at 105-07); it pays for membership in industry groups such as the Urban Land Institute (Doc. 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. The goal is to finish the redevelopment of the mall in the second quarter of 2022, Divinsky said. Stockdale Capital Partners bought the 175-key hotel. Edward Kaen - Stockdale Capital Partners | ZoomInfo LOS ANGELESStockdale Capital Companions (Stockdale), a Los Angeles-based, vertically-integrated actual property funding company, bought the DoubleTree Suites Salt Lake Town Downtown. See, e.g., Viacom Int'l, 891 F.3d at 191. The Court agrees. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. at 237; see also Wal-Mart Stores, Inc. v. Samara Bros, Inc., 529 U.S. 205, 210-11 (2000). Stockdale Capital Partners is a growing Los Angeles based vertically-integrated real estate investment firm, affiliated with Stockdale Management, a property management firm. 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. 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. Strength of the mark. The Marker, a 208-key hotel built in 1910, is blocks away from Union Square and the Moscone Convention Center. 53). Stockdale acquired the mall in 2018 from Similarity of the marks. 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 . The Court finds neither the passing email inquiry nor allusions to third parties' confusion to be compelling evidence of actual confusion. Going Vertical The Campus at Horton will include 700,000 square feet ofoffice space that will be home to 3,000-4,000 new high-quality jobs. Springboards to Educ., 912 F.3d at 811. See you on the other side! Macy's filed a lawsuit to stop Stockdale Capital Partners' project. 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. The environment feels very comfortable and very artistic.. Along the canal, Stockdale . There, the plaintiff, a self-storage services company, sued a competitor for infringing upon its use of a particular star symbol. at 109, Plaintiff has provided evidence of its various advertising and promotional efforts. Plaintiff also sought a permanent injunction, which the Court denied in January 2019. Menu. Buyer: Los Angeles-based Stockdale Capital Partners. Wal-Mart Stores, Inc., 529 U.S. at 210-11. Stockdale Capital isnt the only investor in downtown San Diego targeting tech tenants. The Court finds that Stockdale is at best descriptive as merely a surname, and accordingly does not discuss whether the mark is geographically descriptive. Stockdale plans to convert the mall that sparked development of the Gaslamp Quarter into a mixed-use development centered on new offices. 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). Defendants have demonstrated that their real estate investments are a "big ticket" item, RE/MAX Int'l, Inc., 655 F. Supp. To determine whether a mark has acquired secondary meaning, the Fifth Circuit considers the following factors: To support its contention that it has acquired secondary meaning, Plaintiff provides evidence that it has used the "Stockdale" mark continuously for the past thirty years since its inception in 1989. Design work on the 10-acre project is being led by Retail Design Collaborative and Rios, Clement Hale. To prevail on a trademark infringement claim under the Lanham Act, 15 U.S.C. Vel assumenda harum laborum alias. Stockdale acquired the leasehold interest in the Le Merigot and did not seek financing, Doak said. Copyright 2023 NBCUniversal Media, LLC. Additionally, it intends to turn a path that winds through the development into a public boardwalk. Lincoln Property Company (LPC), one of the largest full-service real estate firms in the United States - owning and managing over 400 million square . S.p.A. v. Atlantic Sunglasses LLC, 2017 WL 6885602, at *5 (S.D. (Doc. why is there a plague in thebes oedipus. Pat Finn previously served as a producer for KPBS Midday Edition and KPBS Evening Edition. The court can consider any evidence in "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any." stockdale capital lawsuit Westfield for $175 million. Id. 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 . Daily Business Report-Jan. 17, 2020, San Diego Metro Magazine Last year, Stockdale Capital Partners purchased the property for $175 million with a plan to repurpose Horton Plaza's post-modern buildings as an employment hub that would appeal to elite tech. Amazing Spaces, Inc. v. Metro Mini Storage, 608 F.3d 225, 230 n.7 (5th Cir. Liberty Corporate Capital, Ltd. v. Stockdale Capital Partners, LLC Alpha generated through enhanced property-level operations. President SIXONENINE Design + Development, LLC Sep 2017 - Present 5 years 7 months. in northern Denver sold last week to entities affiliated with Los Angeles-based Stockdale Capital Partners. Quilvest partners with Stockdale Capital to invest up to $100m for US medical RE. Allegations of unpaid labor, bribery, and more surround the initial lawsuit and a countersuit. in the face of competition from online shopping outlets. Finally, Plaintiff was recognized in the Dallas Business Journal as one of the "Best Places to Work" in 2016, 2017, and 2018. The headquarter was located at 5151 Stockdale Highway, Bakersfield, CA 93309. v. Smack Apparel Co., 550 F.3d 465, 474 (5th Cir. The best employees, having . (Doc. The company is an owner-operator specializing in the redevelopment and. Los Angeles-based Stockdale's planned $275 million . The record evidence raises factual questions regarding the extent to which the parties' real estate services overlap. Apply to Senior Financial Accountant, Realtor, Line Cook/prep Cook and more! The company said Stockdale had violated the terms of its lease with the redevelopment plans that shifted the malls emphasis as a retail center. Could more local solutions work. 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. For the foregoing reasons, the Court DENIES Defendants' Motion for Summary Judgment. Stockdale Capital Partners has sold two medical office properties in Beverly Hills and Santa Monica in a $156 million deal. 41 at 5). By contrast, generic marks "refer to the genus of which the particular product is a species," and thus are never registrable as trademarks. All. 1971). 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 . They proposed an "innovation hub" focused on technology and biotechnology companies. As the USPTO determined, "Stockdale" as a surname is not rare, with 6013 entries in the Lexis database. In 2018, Stockdale Capital Partners purchased the property and announced plans to develop it into an office park and tech campus. Deleniti a sapiente doloribus et rerum. Bd. (Doc. 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. 2005-2023 Wall Street Oasis. (Doc. at 10. What additional experience/credentials can I get to set myself apart? 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. Fed. HON. Jam City Acquires Bingo Pop Mobile Game Los Angeles-based Stockdale's planned $275 million . The State of California Superior Court - Kern County reported the following activity in the suit brought by Stockdale Kitchen and Bath against Corey Delater on June 8: 'Petition For Harassment'.. Case number BCV-21-101087 was filed in the State of California Superior Court - Kern County on May 17. 41-4 at 117), (Doc. 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. 2009). Here We Go Again (2018). No. Finn has earned honors from the Society of Professional Journalists and the Pacific Southwest Chapter of the National Academy of Television Arts and Sciences. 34-2 4). For instance, it spent more than $50,000 to acquire the internet domain name, stockdale.com (Doc. Can Downtown San Diego Transform Into A Tech Hub? One - Forbes The Court made that decision in response to a lawsuit filed by the Sierra Club. Excited to kick off 2023 with the news that Cain has been nominated in two categories for Real Estate . Details on the settlement were not released. 1998). No. Stockdale acquired the mall in 2018 from Westfield for $175 million. at 7, 9. Capital preservation through proven, experienced risk management. 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. Xtreme Lashes, LLC, 576 F.3d at 228. Gary Stockdale. Please visit our associate and lateral pages to learn more about the positions and a career at Baird Holm. She is a proud graduate of Florida Agricultural and Mechanical University. See, e.g., (Doc. In total, the project will cost about $450 million to develop. 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. While there, she launched The Weekend Edition of Good Morning Indiana and generated breaking news content for both broadcast and digital platforms. Plaintiff provides only tenuous evidence that consumers have confused Defendants' junior mark for Plaintiff's senior mark. While the Jon Jerde-designed center attracts almost no customers today, it does attract lawsuits. Music Department: Star Trek Beyond. However, Amazing Spaces is materially distinguishable. Partner at Stockdale Capital Partners Los Angeles, California, United States 59 followers 41 connections Join to connect University of Pennsylvania - The Wharton School Activity We're. Here Are The Biggest LA Hotel Sales of 2021 - The Real Deal Los Angeles The organisation's status is listed as "Active". vintage canvas 'painting ideas. Horton Plaza is obviously critical to downtown. 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. Although Plaintiff testified that it does not track its advertising expenditures, id. Stockdale Capital Partners is a growing Los Angeles based vertically-integrated real estate investment firm, affiliated with Stockdale Management, a property management firm. Home; About us; Partner With Us; Contact Us; Sign Up; average 40 year old woman wrinkles . Id. Columbia Sussex listed the hotel, at 1740 Ocean Avenue, earlier this year. An identifying mark can be distinctive in one of two ways: it can be inherently distinctive, or it can acquire distinctiveness through "secondary meaning." Here, as discussed supra, "Stockdale" is descriptive and there is a genuine question of fact as to whether it has acquired secondary meaning. Macy's Planned Departure Clears Way for Overhaul of San Diego - PCC The USPTO denied Plaintiff's application to register "Stockdale" in October 2018 on the basis that it is primarily a surname. Stockdale acquired the mall in 2018 from Westfield for $175 million. Id. 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.

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