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JELL-WELL DESSERT CO. v. JELL-X-CELL CO.

No. 5173.

22 F.2d 522 (1927)

JELL-WELL DESSERT CO. v. JELL-X-CELL CO., Inc.

Circuit Court of Appeals, Ninth Circuit.

November 14, 1927.

Attorney(s) appearing for the Case

Raymond Ives Blakeslee, of Los Angeles, Cal., for appellant.

Hill, Morgan & Bledsoe and Benjamin F. Bledsoe, all of Los Angeles, Cal., for appellee.

Before GILBERT, HUNT, and RUDKIN, Circuit Judges.

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...

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