Restaurant group disputes claims in lawsuit filed by famed Doc Ford author

A Fort Myers restaurant group dispute claims made in a Lee County lawsuit by best-selling author Randy Wayne White that they violated a licensing agreement for a chain of restaurants named for his character Doc Ford.

In a court filing Monday responding to White’s lawsuit, HM Restaurant Group accuses the author of “trying to seek royalties from restaurants owned and operated by HM which are not operating under the name Doc Ford’s Rum Bar & Grille.”

The group also disputes that it improperly used the Doc Ford name in advertisements for other restaurants, to market gift cards and in the name of Tarpon fishing tournament.

Douglas B. Szabo with Henderson, Franklin, Starnes & Holt in Fort Myers is representing the restaurant chain. He did not respond to a request for comment last week.

In a statement, the company says it disagrees with the accusations. "HM Restaurant Group has a long-standing reputation for exceptional hospitality and being a trusted company and community partner. We are confident in our position and look forward to the opportunity for a fair and thorough review of the facts." 

White is the best-selling author of dozens of novels including the Doc Ford series of mysteries and thrillers set mostly on Sanibel Island.

He’s had a long-running licensing agreement with HM and a predecessor, allowing them to use the name of his leading character at the Doc Ford's Rum Bar & Grille restaurants. There are four, one each on Sanibel and Fort Myers Beach and two in St. Petersburg.

The restaurant group also owns the Dixie Fish House on Fort Myers Beach.

White, in the lawsuit, accuses HM of misusing his intellectual property beyond the scope of the original licensing agreement and says the company has not paid all the royalties due him.

The lawsuit claims the licensing agreement says the restaurant group “is obligated to pay royalties on ‘annual, aggregate gross revenue from restaurant services.’” This entitles White to payments for all HM’s restaurant operations, not just the one using the Doc Ford name.

(The licensing agreement is not available publicly as a motion is being considered to file it under seal.)

White’s attorney, J. Todd Timmerman with Shumaker in Tampa, referred to sections of the lawsuit when asked for comment.

According to the lawsuit, White first entered into an agreement to license the name for the Doc Ford themed restaurants in 2003 with Island House Restaurant Limited Partnership. Island House was dissolved in 2015 and HM continued operating the restaurants.

In early 2022, HM approached White asking for a new agreement. During the negotiations, the company, White's attorneys contend in the lawsuit, asked for a reduction in royalties and sought the rights for the Doc Ford intellectual property. That included a 30% ownership of White’s copyrights, film and move rights and audiobook rights “past, present and future in perpetuity.”

White refused.

An agreement was reached allowing HM to use the Doc Ford trademark to advertise the restaurants and sell merchandise using the name, as well as continuing to use the name at the eateries.

Based on that agreement, White claims the company owes him royalties going back to Jan. 1, 2022, the effective date of the agreement.

HM, in its response, says White waived his rights to the “alleged royalties” from the restaurants not operating as Doc Ford’s Rum Bar & Grille, saying he “never previously sought such royalties and those restaurants have been in existence for many years.”

But the lawsuit is not just about royalties.

While claims that in violation of the agreement, HM has used the Doc Ford name, and its prominence, to promote the Dixie Fish House and a planned restaurant named Bonita Fish Co.

(In a January press release, the restaurant group announced it would open the Bonita Fish Co. restaurant later this year on the Fort Myers Beach site of the former Bonita Bill’s Waterfront Restaurant & Bar.)

White’s lawsuit claims that to cash in on his book’s popularity and recognition, HM has publicly referred to the Doc Ford and the Dixie Fish Co. restaurants as “sister restaurants” and a “family of restaurants.” It has also featured them together on gift cards.

The company, according to the lawsuit, also included pictures with the Doc For trademark in social media posts for the Dixie Fish Co.

HM’s response says White never sought to “enforce any alleged claims previously.”

“The parties established a course of dealing which was relied upon by HM. This course of dealing allowed HM to use gift cards with Doc Ford’s restaurants listed on the gift cards along with HM’s other” non-Doc Ford restaurants.

As for the social media posts, the restaurant group says in its response that a post inadvertently included a portion of paper with the name Doc Ford on it and says it was removed.

Other claims in the lawsuit include that HM offers a Doc Ford trademarked dish called Yucatan Shrimp on the Dixie Fish Co. menu and that it operates Ding Darling & Doc Ford’s Tarpon Tournament without permission to use the Doc Ford name.

(An HM spokesperson disputes there is a trademark on the dish.) 

And the lawsuit claims HM markets a Doc Ford branded hot sauce which, in violation of the agreement, White was not been allowed to taste and approve.

“Money damages cannot compensate for the harm to the reputation, customer recognition and goodwill faced by Mr. White if HMRG continues to use the Doc Ford trademark in unlicensed ways,” the lawsuit says.

“Nor can money damages address the customer confusion resulting from HMRG’s misuse of the Doc Ford trademark.”

White is asking that the restaurant group comply with the licensing agreement and remove unpermitted uses.

As for how much money he wants, the lawsuit asks for “damages to be determined,” attorney fees and costs, interest and “all other relief the court deems just and appropriate.”

White is asking for a jury trial.