Icee Distributors, Inc. v. J&J Snack Foods Corp.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

These appeals concern a disagreement between two ICEE distributors as to whether one, J&J Snack Foods, can distribute frozen ICEE squeeze-up tubes of various flavors in the same territory that the other, ICEE Distributors, distributes ICEEs in a cup. After a jury trial, the district court entered a permanent injunction barring J&J and Wal-Mart Stores, which sold J&J’s squeeze-up tubes within the territory, from continuing to distribute the tubes. We affirm.

I

In the 1960s, the John E. Mitchell Company (“Mitchell Company”) developed the ICEE, a semi-frozen…