Originally created 07/18/06

Judge says he might rule soon



The battle for "Blue Horse" galloped on Monday as opposing sides laid claim to the name in Superior Court.

Chief Judge William M. Fleming Jr. said he should have a decision this week on whether to grant an injunction filed by downtown property owner Peter X. Knox IV that would prevent the Blue Horse Music Hall on Broad Street from using "Blue Horse" in its name.

Mr. Knox is the owner of D. Timm's on Sixth Street, a building that features a mosaic sculpture of a blue horse on the balcony above its door.

The sculpture has been up for two years, and Augusta residents often refer to D. Timm's as the place with the blue horse, said attorney Robert Mullins, who is representing Mr. Knox. The name "Blue Horse Music Hall" creates an unwanted association between the two businesses, he said.

"My client is suffering irreparable harm each day they use that name," Mr. Mullins said.

Attorney Bill Trotter, representing Blue Horse Music House LLC, said there is no evidence that the music venue's name is hurting D. Timm's, which is marketing itself as a private events and conference venue. A restaurant called D. Timm's occupied the location until May 2005.

Mr. Trotter also said that the music hall was the first to use the words "Blue Horse" for business purposes and that its owners have rights to continue doing so.

Mr. Mullins said no matter who used the words "Blue Horse" first, the statue has served as a symbol for two years and gives D. Timm's rights to the name.

The Blue Horse Music Hall can continue to use the name until Judge Fleming rules.

Reach Tony Lombardo at (706) 823-3227 or tony.lombardo@augustachronicle.com.



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