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

HUNT, Circuit Judge.

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…