Springboards to Educ., Inc. v. Hous. A mark is primarily merely a surname if the surname "is the primary significance of the mark as a whole to the purchasing public." Plaintiff is a real estate services company operating in Texas, California, and North Carolina. at 508-09. Plaintiff also sought a permanent injunction, which the Court denied in January 2019. Buyer: Los Angeles-based Stockdale Capital Partners. February 22, 2017. at 237; see also Wal-Mart Stores, Inc. v. Samara Bros, Inc., 529 U.S. 205, 210-11 (2000). Similarity of the services and purchaser identity. The developer expects to complete the first phase in 2020, although the plans are subject to city approval. 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. At what point is it worth leaving your job and running your own firm? stockdale capital lawsuit. No. Courts have recognized that the more expensive the item or service, the more care a potential purchaser will likely take in its selection. Defendants "are a family of real estate investment, development, and management companies headquartered in Los Angeles." Sorry, you need to login or sign up in order to vote. Id. 3d 573, 589 (S.D. 2d at 698, typically ranging between $50 million and $200 million and at times reaching up to $400 million. Provide . & Mech. Gensler is designing the project, and CBRE is in charge of leasing. Downtowns retail dead zone Horton Plaza is headed for permanent retirement. The headquarter was located at 5151 Stockdale Highway, Bakersfield, CA 93309. See, e.g. 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. in heart of the burgeoning RiNO Arts District LOS ANGELES August 24, 2022 Stockdale Capital Partners (Stockdale), a Los Angeles-based, vertically-integrated real estate investment firm, announced that it acquired The Source hotel, along with 208-room hotel close to Union Square, Moscone Convention Center LOS ANGELES June 30, 2022 Stockdale Capital Partners (Stockdale), a Los Angeles-based, vertically-integrated real estate investment firm, announced that it acquired The Marker hotel in San Francisco for $77 Stay current on our latest investment opportunities and news affecting todays real estate investment industry. 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. Lawsuit: Sacramento police uses force against racial justice protests but ignores Proud Boys . About Stockdale Capital Partners Founded in 2010, Stockdale Capital Partners is a real estate investment firm with 214 years of combined experience. Id. By contrast, generic marks "refer to the genus of which the particular product is a species," and thus are never registrable as trademarks. Rank: Chimp 3 . The Company invests, owns, and operates multiple asset classes. B-1); it advertises its properties and brand in trade magazines and on websites (Doc. 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. Keep up with all the latest news, arts and culture, and TV highlights from KPBS. stockdale capital lawsuit. Id. No. The product of builder Ernest W. Hahn, Horton Plaza opened in 1985 to national acclaim. Century, 295 Fed. She is a proud graduate of Florida Agricultural and Mechanical University. No. A defensive stalwart, Oswego Easts Tyler Jasek surprises Joliet West. Co-Founders Shawn and Steven Yari, with the property at 1740 Ocean Avenue (Google Maps). (Doc. 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. No. The new layout called for an overhaul of the site that would strip it of its orignal detail and design intent. Renamed The Campus at Horton, the redeveloped mall will include 700,000 square feet of office space and 300,000 square feet of retail. 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. While the Jon Jerde-designed center attracts almost no customers today, it does attract lawsuits. 41-17 at 26:12-16). The mall opened in 1985 but has grown obsolete Attorneys At Baird Holm we are always looking for talented attorneys to help strengthen our firm. 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. As part of that Emmy Award winning team, she covered elections, landed exclusive interviews, and interviewed presidential candidates. 41-15 Ex. Anyone familiar with the culture, hours, and comps for investment associate at Stockdale Capital Partner? 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 has secured a $550 million real estate opportunity fund to look at new opportunities. 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. It further contends that there is no likelihood of confusion between Plaintiff and Defendants' marks. 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. Amazing Spaces, Inc. v. Metro Mini Storage, 608 F.3d 225, 230 n.7 (5th Cir. This factor weighs against a likelihood of confusion. Id. See, e.g., (Doc. 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. Stockdale plans to update and reposition the hotel while stabilizing . Here We Go Again (2018). Given that Plaintiff has undisputedly used the mark for thirty years, has sizeable real estate market value, engages in widespread advertising and promotional efforts, and has received at least some media recognition, Plaintiff has established a genuine fact as to whether its mark has acquired secondary meaning. Plaintiff contends that the mark is arbitrary. 1971). 34). And a day-to-night ambience, complete with an upgraded Lyceum Theater, is intended to be inviting for workers, downtown dwellers and Gaslamp visitors. They proposed an "innovation hub" focused on technology and biotechnology companies. Find the best employment attorney serving Stockdale. Id. 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 has also raised a fund. 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. No. institutions including The Carlyle Group, Highbridge Capital and Morgan Stanley. 41-1 at 105-07); it pays for membership in industry groups such as the Urban Land Institute (Doc. 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. 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." No. Stockdale Capital Partners is now laying the groundwork to transform Horton Plaza into San Diegos next big economic windfall: a modern office campus. 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 . 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." Celotex, 477 U.S. at 322-25. Los Angeles, California. 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. See In re Hutchinson Tech. 1988)). V. Houston Coll. Id. Westfield for $175 million. CIVIL ACTION NO. The company said Stockdale had violated the terms of its lease with the redevelopment plans that shifted the malls emphasis as a retail center. LOS ANGELES October 28, 2022 Stockdale Capital Partners (Stockdale), a Los Angeles-based, vertically-integrated real estate investment firm, won approval from the Los Angeles City Council for its 145,000 square-foot, Class-A medical building on Los Angeles Westside, adjacent to the Hotel on Brighton Blvd. (function($) {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. 1976)). 41-4 at 117), (Doc. Fed. Improper Integrals Examples. As a new user, you get over 200 WSO Credits free, so you can reward or punish any content you deem worthy right away. 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. 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. RP 74. capital or securities . Stockdale Capital Partners and Jasper Ridge Partners have formed an institutional joint venture to recapitalize $142.5M Galleria Corporate Center in Scottsdale, AZ. Indeed, "Stockdale" is not defined in the dictionary. Defendants urge that the evidence presented here is more analogous to that in Amazing Spaces, Inc., 608 F.3d at 225. "We are gearing up to really get aggressive and. (Attachments: #1 Supplement Certificate of Good Standing USDC DC, #2 Supplement Cert . The USPTO denied Plaintiff's application to register "Stockdale" in October 2018 on the basis that it is primarily a surname. Asset include: commercial office, medical office/life science, hospitality, retail and mixed-use. Defendants contend that Plaintiff's mark, "Stockdale," is not protectable because it is merely descriptive as a surname or a geographical descriptor and has not acquired secondary meaning. Viacom Int'l, 891 F.3d at 193. Stockdale Capital Partners is now laying the groundwork to transform Horton Plaza into San Diegos next big economic windfall: a modern office campus. In finding no secondary meaning, the court emphasized that the plaintiff's symbol was not prominently displayed in its advertisements. 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. Ticketmaster Dallas Stars, 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. See, e.g., (Doc. 41-1 at 42, 97). Two Pesos, Inc., 505 U.S. at 768 (citing Abercrombie & Fitch Co. v. Hunting World, Inc., 537 F.2d 4, 9 (2d Cir. The lobby of the Galleria in Scottsdale, Ariz. The Fund is currently required to allocate net capital gains and ordinary income taxable for U.S. federal income tax purposes, if any, proportionately between Common Shares . 3d 1151, 1159 (S.D. The premise of the show was that two . 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