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

This is an appeal by Jell-Well Dessert Company, a corporation, from a decree dismissing its complaint after trial upon the merits. Plaintiff and defendant are California corporations. Federal jurisdiction is invoked because of the asserted infringement of the trade-mark “Jell-Well,” registered in the Patent Office at Washington.

Plaintiff alleged that the trade-mark “Jell-Well” pertained to a gelatinous dessert, consisting of a gelatine base, with the addition of sugar and fruit flavors to make the dessert more palatable; that a wide market was found for the product, and a lucrative business was built up, based upon the quality of the product sold under the trade-mark stated; that, after this had been done, defendant began to manufacture and sell a similar gelatinous product, which it marketed under the alleged trade-mark “Jell-X-Cell”; that the use of defendant’s trademark, together with the box in which the product was marketed, was calculated to and did deceive and mislead the public, to the damage of plaintiff. The prayer was for injunction to restrain the use of the trade-mark “Jell-X-Cell” and for damages.

Defendant, Jefl-X-Cell Company, denied that plaintiff owned any…