Kay Jewelry Co. of Chattanooga v. Morris

The Kay Jewelry Company, a corporation, filed its bill to enjoin the defendants Morris, Fleming and Barrett, operating as a partnership, from using the trade name Bay Jewelry Company. The Chancellor declined to grant a preliminary injunction and finally concluded, after hearing proof, that the bill should be dismissed because one of the partners, Raymond Barrett, had a legal right to use his given name, Raymond, contracted to “Ray” as a nickname of long and continuous use. The complainant appealed.

The Chancellor made no finding upon the question of unfair competition arising out of the use by…