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Preliminary injunction stops use of Rocky Top as trademark for goods, services

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Ryan Levy

Ryan Levy

Note: This story was updated at 12:40 p.m.

A federal judge has issued a preliminary injunction to stop a group of developers who are trying to revitalize the former Lake City from using Rocky Top as a trademark for goods or services.

The preliminary injunction was issued on Friday by Chief U.S. District Judge Thomas Varlan of the Eastern District of Tennessee.

The former Lake City Council changed the town’s name to Rocky Top in June 2014. The idea was to use the name change to spur developments along Interstate 75 that could be worth up to $237 million. Proposed projects include an indoor and outdoor water park, interactive theater with a children’s museum, a coal miners music theater, and laser tag, among other things. Officials had said those developments—which have also included other options such as a hotel, restaurant, and candy company—wouldn’t happen without the name change. [Read more…]

U.S. judge denies request to stop Lake City’s name change to Rocky Top

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Tim Isbel at Hearing on Lake City Name Change to Rocky Top

Tim Isbel, president of the Rocky Top Marketing and Manufacturing Co., at a federal court hearing in May on Lake City’s proposed name change to Rocky Top.

A federal judge on Wednesday denied for now a request to stop Lake City from changing its name to Rocky Top.

The preliminary injunction had been requested by House of Bryant Publications LLC, the Gatlinburg publisher of “Rocky Top,” a well-known bluegrass song closely identified with the University of Tennessee and its Volunteers athletics program.

The Lake City Council could reconsider the name change as early as June. The council endorsed the name change in November, and it was approved by the Tennessee General Assembly this year in a bill that has already been signed by Gov. Bill Haslam. Anderson County Commissioner Tim Isbel has said Lake City could become Rocky Top on July 3 under the new state law.

Isbel is president of Rocky Top Tennessee Marketing and Manufacturing Co. That company has proposed a development that could be worth up to $450 million over six years and include an indoor and outdoor water park, coal miners theater, children’s museum, train rides, restaurant, and a candy company on some 300 acres near two exits off Interstate 75. Officials have said it could bring 200 new jobs to Lake City and generate another $6 million in sales tax per year. But the project hinges on the name change. [Read more…]

Lake City’s name change to Rocky Top challenged in federal court

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Lake City Council Approves Rocky Top Name Change

The Lake City Council votes 4-0 in November to change the town’s name to Rocky Top, and Rep. John Ragan said he has draft legislation to approve the name change to introduce in the state legislature.

Note: This story was last updated at 6 p.m.

The Gatlinburg publisher of “Rocky Top”—a bluegrass tune, state song, and unofficial anthem for the University of Tennessee—filed a federal lawsuit on Monday that seeks to prevent Lake City from changing its name to Rocky Top as part of a plan to turn the former coal mining town into a tourist destination.

The publisher, House of Bryant Publications LLC of Gatlinburg, also owns many Rocky Top trademarks, and it believes that the proposed name change for Lake City “is an attempt to unfairly exploit the fame and goodwill of House of Bryant’s intellectual property,” according to a press release from Waddey Patterson, an intellectual property law firm based in Nashville.

The lawsuit was filed in U.S. District Court in Knoxville on Monday. The defendants are Lake City, Rocky Top Tennessee Marketing and Manufacturing Co., Anderson County Commissioner Tim Isbel, Franklin resident Brad Coriell, Lake City businessman Mark Smith, Lake City Vice Mayor Michael Lovely, and Knoxville resident Carl “Buddy” Warren. [Read more…]