Kay Jewelry Co. v. Kapiloff

Candler, Justice.

This case presents a problem arising out of an alleged infringement of a trade name and unfair trade competition. It comes to this court on exceptions to a judgment of the Superior Court of Fulton County sustaining a general demurrer to a petition seeking injunctive relief, filed by Kay Jewelry Company against the defendants, trading under the name of Kay’s Credit Clothiers. The controlling question posed by the writ of error is whether, in order to obtain equitable relief in an action for infringement of a trade name and unfair trade competition, it is necessary for the…