HEAD, Justice.
Counsel for the petitioner insist that the present case "is exactly in point" with the case of Kay Jewelry Co. v. Kapiloff, 204 Ga. 209 (49 S.E.2d 19). This contention can not be sustained. In the Kay case positive averments of fact were made as to the essential elements of unfair competition under Code § 37-712. In the present case it is not alleged when the petitioner became affiliated with the American Automobile Association...
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