The Prudential Insurance Company of America v. Gibraltar Financial Corporation of California, and Gibraltar Savings & Loan Association

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that a progressive encroachment claim failed where an insurance company and a loan company did “not offer the same services to any substantial extent”
• holding that the exclusion of a survey, which showed 14-31 percent of the public identified plaintiffs logo with defendant’s, was not prejudicial error “because the survey showed only that the Prudential rock [logo] and the Gibraltar rock [logo] are linked in the public eye”
• declining to find encroachment, even though junior user had “grown tremendously,” because “growth alone does not infringement make”
• rejecting minority position that a survey containing self-serving questions and failing to duplicate actual marketing conditions is properly excluded; adopting majority view because the better course is “to admit the survey and discount its probative value” (citation omitted
• “Inspection of the marks ... fails to show increasing similarity between Prudential and Gibraltar logos.”
• “Pix-Art contends that the survey and resulting analysis should nonetheless be excluded because the survey: (1

Source: CourtListener parenthetical corpus (CC0).