See 2(e), 15 U.S.C. 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. 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. 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. Design work on the 10-acre project is being led by Retail Design Collaborative and Rios, Clement Hale. See, e.g. "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,. Jul 2018 - Present3 years 2 months. About Stockdale Capital Partners Founded in 2010, Stockdale Capital Partners is a real estate investment firm with 214 years of combined experience. Stockdale Capital Partners is a growing Los Angeles based vertically-integrated real estate investment firm, affiliated with Stockdale Management, a property management firm. (Doc. "A finding of a likelihood of confusion is a finding of fact." Every story is a dose of insight into how to run a better, more efficient, more profitable business. 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. It further contends that there is no likelihood of confusion between Plaintiff and Defendants' marks. The Court evaluates each in turn. The center was sold by Australian investment firm QIC, which purchased it in late 2017 as part of a larger deal with . 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." The Court agrees. Downtowns retail dead zone Horton Plaza is headed for permanent retirement. for Good Gov't, 901 F.3d at 508. 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. Id. 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. Recruiters / other best ways to find remote RE jobs? Shriners Hospital, which occupied the space for over 50 years, moved to a $77-million outpatient facility in Pasadena. 41-1 at 42, 97). CIVIL ACTION NO. Apply to Senior Financial Accountant, Realtor, Line Cook/prep Cook and more! Id. Marriott Le Merigot hotel in Santa Monica sold to Stockdale Capital Partners for around $75 million, The Real Deal has learned. 3d 573, 589 (S.D. 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 Capital Partners has sold two medical office properties in Beverly Hills and Santa Monica in a $156 million deal. She is a proud graduate of Florida Agricultural and Mechanical University. Defendants have used the name "Stockdale" continuously since their collective inception in 2013. 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. The developer expects to complete the first phase in 2020, although the plans are subject to city approval. . Id. Occaecati qui excepturi quia fuga. Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. This factor is also neutral. Stockdales reinterpretation of the space, Cafferty and Brennan said, is a welcome improvement as it add jobs to a region thats already been enriched by a smattering of residential towers. Although this lawsuit and others (Jimbo's Natural Foods is also suing) do not comment on preserving . B-1); it advertises its properties and brand in trade magazines and on websites (Doc. Century, 295 Fed. However, while empirical evidence such as consumer surveys is the strongest evidence of secondary meaning, it is not required. Make your practice more effective and efficient with Casetexts legal research suite. Courts have recognized that the more expensive the item or service, the more care a potential purchaser will likely take in its selection. See Xtreme Lashes, 576 F.3d at 229. Prior to Indianapolis, she was an anchor and multimedia journalist at FOX Carolina in Greenville, SC. (Doc. Bill Doak has more than 30 years of hospitality industry experience, with senior leadership roles in The best employees, having . Stockdale Capital released its first public renderings of the Horton Plaza redevelopment project ahead of a meeting with Civic San Diego, and it's not good news. at 248-49. Nexera is owner and operator of the Lavernia, Wooden Horse and Stockdale Horizon . A likelihood of confusion requires a "probability of confusion, which is more than a mere possibility of confusion." Compare top Ohio lawyers' fees, client reviews, lawyer rating, case results, education, awards, publications, social media and work history. 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. 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.. No. Food and Words for Nerds. Gensler is designing the project, and CBRE is in charge of leasing. 10850 Wilshire Blvd Ste 1050, Los Angeles, California, 90024, United States. 53 at 15). 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. Stockdale acquired the leasehold interest in the Le Merigot and did not seek financing, Doak said. Plaintiff contends that the mark is arbitrary. 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. at 8. Dist., 912 F.3d 805, 811 (5th Cir. (2008) and Mamma Mia! Copyright 2023 NBCUniversal Media, LLC. (Doc. Here We Go Again (2018). While there, she launched The Weekend Edition of Good Morning Indiana and generated breaking news content for both broadcast and digital platforms. March 6, 2017. 41-4 at 117), (Doc. Anyone familiar with the culture, hours, and comps for investment associate at Stockdale Capital Partner? This factor weighs in favor of a likelihood of confusion. Here, the designs of the two marks, taken as a whole, are certainly distinguishable. 41 at 5). 2008). May 2021 - Present7 months. Excited to kick off 2023 with the news that Cain has been nominated in two categories for Real Estate . In total, the project will cost about $450 million to develop. 20 Stockdale jobs available on Indeed.com. Marriott Le Merigot hotel in Santa Monica sold . 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. 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. The sophistication and diligence involved in real estate dealings weigh against a likelihood of confusion. Strength of the mark. ACACDC-33568730) filed by Defendant Stockdale Capital Partners, LLC. 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." Prior to Octavian, Mr. Michaels worked at various well-respected. Id. Coll. Xtreme Lashes, 576 F.3d at 231. (Doc. at 109, Plaintiff has provided evidence of its various advertising and promotional efforts. That process may hinge around a successful resolution to a lawsuit brought against Westfield in late May by disgruntled Horton Plaza tenant Jimbos. Macy's filed a lawsuit to stop Stockdale Capital Partners' project. 1988)). Finally, Plaintiff was recognized in the Dallas Business Journal as one of the "Best Places to Work" in 2016, 2017, and 2018. 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. Defendants urge that the evidence presented here is more analogous to that in Amazing Spaces, Inc., 608 F.3d at 225. Westfield did not respond to a request for comment. Address: 20 Greenway Plaza. Mar. 34-2 4). No. However, it remains unfinished, currently sitting in a South Florida shipyard. The mall was designed by architect Jon Jerdeand opened in 1985 in the citys historic Gaslamp Quarter. Stockdale Capital Partners purchased a 175-key hotel. The name "Stockdale" was on a list of potential buyers. LOS ANGELESStockdale Capital Partners (Stockdale) announced that it has acquired The Marker hotel in San Francisco for $77 million from Pebblebrook Hotel Trust. 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. Renamed The Campus at Horton, the redeveloped mall will include 700,000 square feet of office space and 300,000 square feet of retail. The evidence and inferences must be viewed in the light most favorable to the nonmoving party. Ticketmaster Dallas Stars, stockdale capital lawsuit. google classroom parent letter Stockdale Capital Partners plans to resurrect the former Horton Plaza Mall, a . at 237; see also Wal-Mart Stores, Inc. v. Samara Bros, Inc., 529 U.S. 205, 210-11 (2000). In August 2018, Plaintiff filed suit, alleging claims for relief including trademark infringement under 15 U.S.C. Quilvest partners with Stockdale Capital to invest up to $100m for US medical RE. 1976)). 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 J.W. It focuses on the "real estate design, construction, and property management space." Defendants contend that "Stockdale" is at best merely descriptive because it is a surname and because it is geographically descriptive.
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