53 at 15). Luxottica Grp. San Diego Union-Tribune reporter Jennifer Van Grove joins Midday Edition to explain the lawsuits and and the cutrrent status of the mall. 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. (Doc. This factor weighs against a likelihood of confusion. 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. Id. Plaintiff is a real estate services company operating in Texas, California, and North Carolina. stockdale capital lawsuit The organisation's status is listed as "Active". 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. 2018); Paulsson Geophysical Servs, Inc. v. Sigmar, 529 F.3d 303, 309 (5th Cir. 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. Stockdale Capital Partners is part of the Real Estate industry, and located in California, United States. Additionally, it intends to turn a path that winds through the development into a public boardwalk. Although Plaintiff asserts three claims for relief under the Lanham Act and Texas common law, the same legal test applies to all three claims. 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. Acquisitions Professionals - Any Activity? Stockdale Capital isnt the only investor in downtown San Diego targeting tech tenants. (Doc. It could add an additional 1.5 million square feet of office space and other amenities down the road. No. Care exercised by potential purchasers. To determine whether such a likelihood of confusion exists, courts consider a non-exhaustive list of so-called "digits of confusion," including: (1) strength of the mark, (2) mark similarity, (3) product or service similarity, (4) outlet and purchaser identity, (5) advertising media identity, (6) defendant's intent, (7) actual confusion, and (8) care exercised by potential purchasers. In Morrisville, North Carolina, the Spark LS development, a $1B, 109-acre campus project by Starwood Capital Group and Trinity Capital, will spread 1.5M SF of lab space across more than a dozen . The USPTO denied Plaintiff's application to register "Stockdale" in October 2018 on the basis that it is primarily a surname. Plaintiff Walter F. Jones filed his lawsuit against J.G. For the foregoing reasons, the Court DENIES Defendants' Motion for Summary Judgment. Gary Stockdale. 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. Finally, Plaintiff was recognized in the Dallas Business Journal as one of the "Best Places to Work" in 2016, 2017, and 2018. RP 74. capital or securities . To prevail on a trademark infringement claim under the Lanham Act, 15 U.S.C. Greater San Diego Area View Troy's full profile . 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. No. Stream Live Now ; News; Recent Coverage; Originals; Trials; Court TV Mystery; Talent; About Us; Press; Contact Real Estate Private Equity. 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. at 109, Plaintiff has provided evidence of its various advertising and promotional efforts. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Fed. (Courtesy Stockdale Capital Partners) The project, named The Campus at Horton, . A genuine issue of material fact exists if a reasonable jury could enter a verdict for the non-moving party. Music Department: Star Trek Beyond. 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.. of Regents of the Univ. Macy's filed a lawsuit to stop Stockdale Capital Partners' project. The best employees, having . "We are gearing up to really get aggressive and. 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. 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. Find the best employment attorney serving Stockdale. As the USPTO determined, "Stockdale" as a surname is not rare, with 6013 entries in the Lexis database. We are moving full steam ahead with leasing discussions and to announce a mix of exciting and impactful tenants shortly.. 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. Los Angeles-based Stockdale's planned $275 million . ACACDC-33568730) filed by Defendant Stockdale Capital Partners, LLC. Defendants have used the name "Stockdale" continuously since their collective inception in 2013. The company is an owner-operator specializing . The 110-foot, $20 million-plus mega-yacht is expected to launch in 2017. in Denver, according to public records. 4:18-cv-2949 (S.D. Ground floor retail is still part of the envisioned equation, though storefronts will primarily feature singular, San Diego-inspired eateries along with boutique health and fitness venues. Rank: Chimp 3 . Alpha generated through enhanced property-level operations. Accordingly, Plaintiff's mark is descriptive as a surname. See you on the other side! 34-13 at 2). Stockdale Capital Partners serves customers in the States . Bd. See Xtreme Lashes, 576 F.3d at 229. 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. President SIXONENINE Design + Development, LLC Sep 2017 - Present 5 years 7 months. Stockdale Capital Partners bought the 175-key hotel. Stockdale Capital Partners said Monday that an engineering and design firm found that the Horton Plaza redevelopment project has the necessary features to serve San Diego's thriving life . Parents . See 2(e), 15 U.S.C. Tex. Moreover, both parties acknowledge that potential consumers in the real estate industry exercise a high degree of due diligence in their dealings. "Stockdale" was chosen as a reference to Stockdale, California, where the company was founded. No. We're championing. 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. 2008) (affirming a grant of summary judgment on plaintiff's claim of trademark infringement on a record without survey evidence). 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. Rabobank was the successor institution. 53 at 18). 41-15 Ex. (Doc. 3d 573, 589 (S.D. The new owners, Stockdale Capital Partners, bought Horton Plaza just over a year ago and have. Company Type For Profit Contact Email info@stockdalecapital.com Phone Number 281-201-3232 Stockdale Capital Partners is a growing Los Angeles based vertically-integrated real estate investment firm, affiliated with Stockdale Management, a property management firm. May 20, 2021 01:15 PM. Plaintiff was not in fact involved with that deal. No. Because Plaintiff's mark is merely descriptive, it is protectable only if it has acquired secondary meaning. 2012) (quoting Am. In each newsletter, we also highlight settlements that are ending soon, helping to ensure you don't miss out on money you're owed. 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. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION. The total square footage of the properties, located at 9090 Wilshire. Amazing Spaces, Inc. v. Metro Mini Storage, 608 F.3d 225, 237 (5th Cir. 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. 41-10). February 22, 2017. If we can get some of those high-paying tech jobs to downtown people will able to live and work in the same place.. PublishedOctober 21, 2019 at 10:00 AM PDT. Celotex, 477 U.S. at 322-25. 300,000 square feet to make room for offices. Springboards to Educ., Inc. v. Hous. Stockdale acquired the mall in 2018 from Westfield for $175 million. Stockdale Capital Partners is a growing Los Angeles based vertically-integrated real estate investment firm, affiliated with Stockdale Management, a property management firm. Pebble Beach Co. v. Tour 18 1 Ltd., 155 F.3d 526, 540 (5th Cir. "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,. Marriott Le Merigot hotel in Santa Monica sold to Stockdale Capital Partners for around $75 million, The Real Deal has learned. The Court finds neither the passing email inquiry nor allusions to third parties' confusion to be compelling evidence of actual confusion. Once a movant meets this burden, the burden shifts to the nonmovant to show the existence of a genuine fact issue for trial.
March 11, 2023