John Kay, Detroit, Granted Injunction Against Kay Jewelry Co., Restraining That Concern from Using the Name "Kay"
Detroit, Mich., Jan. 18.—John Kay, jeweler, with offices in the Book building here, was granted an injunction by Judge Adolph F. Marschner today, restraining the Kay Jewelry Co., 123 State St., from using the name Kay.
Mr. Kay began proceedings against the Kay Jewelry Co., in November on the grounds that the Wright, Kay & Co., and himself were the only interests entitled to use the name.
Mr. Kay, known throughout the country, and for 40 years one of the leading jewelers in Detroit, cited, through his attorneys, that the Kay Jewelry Co. simply sought to add prestige to its concern by adopting the name which Detroiters and Michigan in general had associated with high grade jewelry. His years of active connection with the business, during which he founded the Wright, Kay Co., and helped it to become one of the biggest firms in the city, and then retired from that concern 12 years ago, to devote himself to his own concern, were cited by attorneys for Mr. Kay. Attorneys for him also stated that of the nine partners in the organization of the company which he sued, none was named Kay.
A temporary injunction was granted Mr. Kay in November, barring the Kay Jewelry Co. from using the name significantly in advertising pending the trial of the case and the granting or refusal of a permanent injunction. In the meantime the Kay Jewelry Co. had erected immense and expensive signs including the name Kay.
Slogans such as "Your Promise to Pay is Good with Kay," and "Kay's Corner," were aimed at in the advertising injunction. The court decided that the use of the name should be permitted until the trial of the case on its merits.
What action will be taken by the Kay Jewelry Co. has not been announced. Alterations in the company's signs must be made within a week after the granting of the injunction, unless attorneys argue for an appeal, and a stay of execution is granted. But whether the company will take the case to the Michigan Supreme Court has not been announced.
Source: The Jewelers' Circular - 25th January 1922