Jell-Well Dessert Co. v. Jell-X-Cell Co.

Action in equity for an injunction and for damages. Plaintiff, being the manufacturer of a class of merchandise, the base of which for a great many years has been included under the name of “gelatine,” adopted as a trademark for the product the words “Jell-Well.” This description was allowed registration by the Patent Office on May 29, 1923. The defendant, manufacturing a like commodity,, later adopted the trade-mark “Jen-X-Cell.” This mark was also registered in the Patent Office. The suit here concerns alleged infringement of the plaintiff’s trademark. Plaintiff charges that the defendant’s mark in its design and character was calculated to deceive the public, and to induce the belief among'purchasers that in buying Jell-X-Cell they were in fact securing the product of the plaintiff. Similarity of package and marking áre also included in the charge as alleged in the bill of complaint, to show willful intent to infringe and aggravation of the imitative practice.

The defendant in its answer, while denying infringement, raised the important issue that the trade-mark of plaintiff was invalid, in that it was composed of words and characters not permitted to be appropriated to the…