Plaintiff does not contend that Defendants intended to benefit from Plaintiff's good reputation. A massive adaptive reuse project in downtown San Diego, Campus at Horton, signals the start of an urban lab boom. 300,000 square feet to make room for offices. Buyer: Los Angeles-based Stockdale Capital Partners. Xtreme Lashes, 576 F.3d at 231. why is there a plague in thebes oedipus. To determine whether a mark is distinctive, marks are often classified into categories of generally increasing distinctiveness: they may be (1) generic, (2) descriptive, (3) suggestive, (4) arbitrary, or (5) fanciful. Defendants maintain that they do not engage in any advertising, marketing, or sponsorships. Westwood-based Stockdale Capital Partners bought the J.W. 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. Located in Scottsdale, Arizona, the new multi-family development will incorporate 260 units. Once a movant meets this burden, the burden shifts to the nonmovant to show the existence of a genuine fact issue for trial. 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). Improper Integrals Examples. No. 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. (Doc. Plaintiff relocated its headquarters to Texas in 2012. 2d 679, 698 (S.D. Even sophisticated real estate entities may, at least initially, believe that the two parties are affiliated with one another, which could cause reputational harm. & Mech. It opened to great fanfare in 1985. for Good Gov't v. Coal. 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. Smack Apparel, 550 F.3d at 478. Westwood-based Stockdale is just the latest Los Angeles-based investment firm to hunt for hotel acquisitions in the pandemic. Here, the designs of the two marks, taken as a whole, are certainly distinguishable. 61.7 F. Los Angeles. Capital preservation through proven, experienced risk management. Defendants now move for summary judgment. 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. Celotex, 477 U.S. at 322-25. Vel assumenda harum laborum alias. The California-based investment firm owns hotels in Scottsdale, Arizona, and medical and office space in California. 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. Tex. Westfield did not respond to a request for comment. 41-4 at 117), (Doc. 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. In 1979 she became KPBS Public Information Director, then Director of Advertising and Promotion, Program Director, and Director of Broadcasting. Stockdale Capital Partners announced the agreement reached with Macy's to allow the downtown San Diego project to move forward. Westwood-based Stockdale Capital Partners recently secured a $550 million real estate opportunity fund called SCP Real Estate Opportunities Fund I. at 228-29 (emphasis added) (determining that although distinguishable, the "Xtreme Lashes" and "Xtended Beauty" logos were sufficiently similar that consumers could believe that Xtended Beauty was a product line offered by Xtreme Lashes). Marriott Le Merigot hotel in Santa Monica sold . She oversaw the stations local and national productions, including the one-hour documentary Los Romeros: The Royal Family of the Guitar, and Child Protective Services, a one-hour look inside the San Diego County agency responsible for the welfare of at risk children. (Doc. Finn began her career in broadcasting at KTLA and KCET in Los Angeles. 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. for Good Gov't, 901 F.3d at 508. at 6. Dist., 912 F.3d 805, 811 (5th Cir. In late January, three of its hotels were in foreclosure and the firm had at least $1.3 billion in CMBS debt, Bloomberg reported. Cho, through his firm Mitaa Group, owns a handful of commercial properties . See, e.g., (Doc. Future owner Stockdale Capital Partners is now laying the groundwork to transform the 900,000-square-foot shopping center into San Diegos next big economic windfall: a modern office campus. 34). A). (Doc. Seller: Principal Real Estate Investors. Nexera Energy Inc. (TSX Venture: NGY) is an energy company with oil producing properties in Southwest Texas. focused on structured investment opportunities. Rank: Chimp 3 . Id. 2008). 1225(a), unfair competition under 15 U.S.C. Id. Lincoln Property Company (LPC), one of the largest full-service real estate firms in the United States - owning and managing over 400 million square . No. 53 at 15). Bulbs 4 East Side, Inc. v. Ricks, 199 F. Supp. See 2 McCarthy on Trademarks and Unfair Competition 13:30 (5th ed.). at 10. 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. The company said Stockdale had violated the terms of its lease with the redevelopment plans that shifted the malls emphasis as a retail center. Founded in 2010, Stockdale Capital Partners is a real estate investment firm focused on owning and acquiring assets in the western United States. The mall was designed by architect Jon Jerdeand opened in 1985 in the citys historic Gaslamp Quarter. 41-15 Ex. william lupo obituary stockdale capital lawsuit. Stockdale Capital Partners is part of the Real Estate industry, and located in California, United States. In finding no secondary meaning, the court emphasized that the plaintiff's symbol was not prominently displayed in its advertisements. Stockdale Capital Partners bought the 175-key hotel. 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. vintage canvas 'painting ideas. S.p.A. v. Atlantic Sunglasses LLC, 2017 WL 6885602, at *5 (S.D. The Company invests, owns, and operates multiple asset classes. Acquisitions Professionals - Any Activity? Defendants are also "involved in leasing and property management operations, but only as it relates to themselves for their own or their affiliates' properties." (Doc. See In re Hutchinson Tech. Apply to Senior Financial Accountant, Realtor, Line Cook/prep Cook and more! We are moving full steam ahead with leasing discussions and to announce a mix of exciting and impactful tenants shortly.. Macy's sued Stockdale Capital Partners in October arguing . No. (internal quotation marks omitted). Indeed, Plaintiff's evidence suggests that one individual reached out to Plaintiff's CEO after seeing "Stockdale" on a list of potential buyers of a property he was selling. at 7, 9. Accordingly, Plaintiff's mark is descriptive as a surname. Stockdale Capital Partners announced the agreement reached with Macy's to allow the downtown San Diego project to move forward. We're championing. Stockdales managing director for hospitality, Bill Doak, confirmed the sale but would not provide an exact dollar amount. 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. "Everything along 1st Avenue is being redone, the former Nordstrom, the former Mervyn's," Divinsky said. Read employee reviews and ratings on Glassdoor to decide if Stockdale Capital Partners is right for you. The whimsical and colorful Horton Plaza Mall sits nearly empty on a corner of downtown San Diego. 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. What do you want to hear hosts Jade Hindmon and Maureen Cavanaugh talk about on Midday? R. Civ. 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. Los Angeles /. 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. is not active anymore since 2001-05-24 due to Merger - Without Assistance. Founded in 2010, Stockdale Capital Partners is a real estate investment firm with 214 years of combined experience. Marriott Le Merigot in Santa Monica for $75 million in May, around $428,600 per room. Stockdale Capital Partners. This factor weighs against a likelihood of confusion. Greater Los Angeles Area. 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. Could more local solutions work. 41-9). 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. Before the pandemic, Le Merigot housekeeping staff had filed complaints with California, alleging the company withheld wages and failed to pay overtime, according to Unite Here, a labor union that represents around 50 workers at the hotel. PublishedOctober 21, 2019 at 10:00 AM PDT. See (Doc. To prevail on a trademark infringement claim under the Lanham Act, 15 U.S.C. The deal closed May 11. See, e.g. Los Angeles, California. They proposed an "innovation hub" focused on technology and biotechnology companies. Both programs also aired on public television stations nationwide. Full title:STOCKDALE INVESTMENT GROUP INC. D/B/A STOCKDALE, Plaintiff, v. STOCKDALE, Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION. (Doc. Focused investments on compelling, premier opportunities. Greater San Diego Area View Troy's full profile . Gary Stockdale. 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. The new layout called for an overhaul of the site that would strip it of its orignal detail and design intent. 4:18-cv-2949 (S.D. Plaintiff also attempted to register "Stockdale" as a trademark with the U.S. Patent and Trademark Office (the "USPTO"), but was denied the registration in 2018 on the basis that "Stockdale" is primarily a surname. Unlock with your email and get bonus: 6 financial modeling lessons free ($199 value). The Court made that decision in response to a lawsuit filed by the Sierra Club. We need to have a vibrant space there, said Betsy Brennan, president and CEO of the Downtown San Diego Partnership. (Attachments: #1 Supplement Certificate of Good Standing USDC DC, #2 Supplement Cert . stockdale capital lawsuit. Field, flows and flares - horizontal drilling good-to-go. 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. No. And a day-to-night ambience, complete with an upgraded Lyceum Theater, is intended to be inviting for workers, downtown dwellers and Gaslamp visitors. The future Campus at Horton includes a boardwalk. the $275 million redevelopment of Horton Plaza in downtown San Diego. 1971). at 935. The record evidence raises factual questions regarding the extent to which the parties' real estate services overlap. KEITH P. ELLISON UNITED STATES DISTRICT JUDGE. Like hotel owners across the country, Columbia Sussex was slammed by the coronavirus. 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. What additional experience/credentials can I get to set myself apart? Advertising media identity. Viacom Int'l, 891 F.3d at 193. The Court addresses each in turn. 41-16 at 20). At the time it played a vital role in cleaning up the seedy district, largely known for porn shops and topless bars. 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. Menu. Id. Shore Capital, a small London stockbroker whose business relies on small companies believing there is a benefit in being public, is quitting the stock market. 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. 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. In each newsletter, we also highlight settlements that are ending soon, helping to ensure you don't miss out on money you're owed. 2017) (internal citation omitted). Lebanon-St. Peter Cathedral at 333 San Vicente Blvd. 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. . Plaintiff, on the other hand, avers that the parties acquire the same types of properties, offer property management services, and perform similar business activities. No. 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. Id. The USPTO denied Plaintiff's application to register "Stockdale" in October 2018 on the basis that it is primarily a surname. All. 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. 34-2 7, 9). Jane has 5 jobs listed on their profile. Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. The decision to close, which is being characterized as temporary, comes as Someck continues his nearly two-year legal tussle with Horton owner Stockdale Capital Partners over the terms of the . Prior to Indianapolis, she was an anchor and multimedia journalist at FOX Carolina in Greenville, SC. If a mark has acquired secondary meaning, it is deemed to be a strong mark. 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. March 6, 2017. Century, 295 Fed. The flashy-at-the-time shopping center, designed with a Disneyland-meets-Italian-hills vibe, was seen as a model of urban development. LOS ANGELES - May 18, 2021 - Stockdale Capital Partners ("Stockdale"), a Los Angeles based, vertically-integrated real estate investment firm, announced that it acquired the JW Marriott Santa Monica Le Merigot in a deal that closed on May 11, 2021. See In re Hutchinson Tech. Los Angeles-based Stockdale's planned $275 million . "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,. 41-8); and it has sponsored various events such as the Design Week Dallas, 2018 Thrift Studio, and Light Up Lakewood (Doc. 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?!" (Doc. There, the plaintiff, a self-storage services company, sued a competitor for infringing upon its use of a particular star symbol. 34-2 8). The Business Journalis the premier business publication in San Diego. But in October, eight Congress members including three from the L.A. area asked the Small Business Administration to investigate Columbia Sussex for allegedly misusing the funds. 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. In August 2018, Stockdale Capital Partners purchased the complex with the intention of developing it into The Campus at Horton, an office and retail complex. 3d 928 (S.D. The departure of Nordstrom in 2016, a preponderance of empty storefronts and a significant homeless presence in the adjacent Horton Plaza Park locally dubbed Homeless Plaza have all but doomed the propertys appeal as a shopping hub. On one hand, Defendants argue that the parties provide different services and operate on different scales. The name "Stockdale" was on a list of potential buyers. The Court finds neither the passing email inquiry nor allusions to third parties' confusion to be compelling evidence of actual confusion. V. Houston Coll. Deleniti a sapiente doloribus et rerum. At what point is it worth leaving your job and running your own firm? of Supervisors for La State Univ. Jade also had the opportunity to cover international news and was able to travel to South Africa during the 2010 World Cup. Horton Plaza is obviously critical to downtown. Stockdale Capital Partners is now laying the groundwork to transform Horton Plaza into San Diego's next big economic windfall: a modern office campus. Address: 20 Greenway Plaza. It further contends that there is no likelihood of confusion between Plaintiff and Defendants' marks. The Court agrees. Strength of the mark. The goal of this section is to provide consumers with a comprehensive resource on class action and mass tort lawsuits. 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. Cir. Los Angeles-based Stockdale's planned $275 million . Tex. Similarity of the marks. 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 . Stockdale Capital has been on a trading spree. 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. 2d at 698, typically ranging between $50 million and $200 million and at times reaching up to $400 million. 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. . Plaintiff contends in response that "Stockdale" is also the name for several cities, neighborhoods, and public schools across the country. 53 at 18). STOCKDALE INVESTMENT GROUP INC. D/B/A STOCKDALE, Plaintiff, v. STOCKDALE CAPITAL PARTNERS, LLC, et al, Defendants. The company is an owner-operator specializing in the redevelopment and. By Posted student houses falmouth 2021 In jw marriott panama concierge lounge Prior to Octavian, Mr. Michaels worked at various well-respected. Defendants contend that "Stockdale" is at best merely descriptive because it is a surname and because it is geographically descriptive. 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. Two Pesos, Inc., 505 U.S. at 768 (citing Abercrombie & Fitch Co. v. Hunting World, Inc., 537 F.2d 4, 9 (2d Cir. 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. 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 environment feels very comfortable and very artistic.. Home; About us; Partner With Us; Contact Us; Sign Up; average 40 year old woman wrinkles . at 321-25. 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. Guilt And Redemption In The Kite Runner, See Bd. 27, 2017) (quoting Am Rice, 518 F.3d at 332)). 34-8 at 2). San Diego Union-Tribune reporter Jennifer Van Grove joins Midday Edition to explain the lawsuits and and the cutrrent status of the mall. Stockdale plans to convert the mall that sparked development of the Gaslamp Quarter into a mixed-use development centered on new offices. Los Angeles-based Stockdale's planned $275 million . See, e.g., (Doc. Shriners Hospital, which occupied the space for over 50 years, moved to a $77-million outpatient facility in Pasadena. 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'. (Stockdales) plan is thoughtful. Gensler is designing the project, and CBRE is in charge of leasing. Defendants have demonstrated that their real estate investments are a "big ticket" item, RE/MAX Int'l, Inc., 655 F. Supp. The city has all the elements necessary for a vibrant live-work-play environment, save for the large blocks of urban, creative work space craved by major employers.. 10850 Wilshire Blvd Ste 1050, Los Angeles, California, 90024, United States. 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. 41-2 3). (Courtesy Stockdale Capital Partners) The project, named The Campus at Horton, . The total square footage of the properties, located at 9090 Wilshire. Stockdale Capital Partners, a Los Angeles-based opportunistic real estate investor, paid $175 million for the beleaguered Horton Plaza in the heart of downtown San Diego last week and plans to. However, Amazing Spaces is materially distinguishable. Like other hotels hit hard by the pandemic, Columbia Sussex tapped federal funding through the governments PPP loan program. She is a proud graduate of Florida Agricultural and Mechanical University. 20 Stockdale jobs available on Indeed.com. Although this lawsuit and others (Jimbo's Natural Foods is also suing) do not comment on preserving . Tex. Macy's is not sold on the idea. stockdale capital lawsuit. (Doc. Stockdale Capital Partners serves customers in the States . Sch. Stockdale Capital Partners bought the 175-key hotel. Marriott Le Merigot hotel in Santa Monica sold to Stockdale Capital Partners for around $75 million, The Real Deal has learned. By Posted halston hills housing co operative In anson county concealed carry permit renewal Defendants urge that the evidence presented here is more analogous to that in Amazing Spaces, Inc., 608 F.3d at 225. However, proof of a defendant's intent is not required to establish trademark infringement. 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. Id. . at 8. They contended Columbia Sussex accepted $63 million in PPP funding intended to keep workers employed, but ended up laying off thousands of people. That process may hinge around a. Oct. 15, 2019). Voluptates quis est qui aut nulla. stockdale capital lawsuit . 34-5 at 138:15-24). Along the canal, Stockdale . Indeed, "Stockdale" is not defined in the dictionary. Tex. ACACDC-33568730) filed by Defendant Stockdale Capital Partners, LLC. Tex. Id. Courts in the Fifth Circuit have found secondary meaning even in the absence of empirical evidence. 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. February 22, 2017. P. 56(a). 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.. Because Plaintiff's mark is merely descriptive, it is protectable only if it has acquired secondary meaning. The refit of Anodyne began when an American owner acquired a 98-foot (approximately 29.9-meter) Inace motoryacht in 2014, then-named Boundless.