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PRUDENTIAL INS. CO. v. GIBRALTAR FINANCIAL CORP.

No. 81-5874.

694 F.2d 1150 (1982)

The PRUDENTIAL INSURANCE COMPANY OF AMERICA, Plaintiff-Appellant, v. GIBRALTAR FINANCIAL CORPORATION OF CALIFORNIA, and Gibraltar Savings & Loan Association, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 16, 1982.

As Amended December 22, 1982.

Rehearing Denied January 31, 1983.

Attorney(s) appearing for the Case

John S. Kingdon, Howrey & Simon, Washington, D.C., for plaintiff-appellant.

Marvin Jubas, Alex Chartove, Spensley Horn Jubas & Lubitz, Los Angeles, Cal., for defendants-appellees.

Before GOODWIN, HUG and BOOCHEVER, Circuit Judges.

GOODWIN, Circuit Judge.

This dispute is about the likeness of a rock. Prudential Insurance Company of America alleges that Gibraltar Financial Corporation of California and Gibraltar Savings & Loan Association (collectively, Gibraltar) have misappropriated its corporate symbol, a picture of the Rock of Gibraltar. Prudential sued for injunctive relief alleging (1) infringement of a registered service mark under the Lanham Act, 15 U.S.C. §§ 1051-1127,...

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