LEE COUNTY, Fla. — Popular Florida author Randy Wayne White has filed a lawsuit against HM Restaurant Group, the current owner of Doc Ford's restaurants, alleging breach of contract and unauthorized use of his intellectual property.
White, who created the Doc Ford character and owns all rights to the Doc Ford books, claims the restaurant group has failed to pay required royalties and misused his intellectual property.
According to the lawsuit, the dispute stems from a 2003 agreement when White licensed Island House Restaurant Limited Partnership the right to develop theme restaurants based on his Doc Ford character. Island House operated Doc Ford restaurants in various Florida locations, including Lee County, until its dissolution in 2015.
After Island House dissolved, HM Restaurant Group continued operating the Doc Ford restaurants. In early 2022, the lawsuit claims the restaurant group approached White seeking a new agreement with reduced royalties.
According to the lawsuit, HM Restaurant Group also attempted to acquire extensive rights to White's intellectual property, including 30% ownership of all his book copyrights, film rights, and audiobook rights "past, present and future in perpetuity."
"This would have effectively given HMRG full control of the 'Doc Ford' brand," the lawsuit states.
https://ewscripps.brightspotcdn.com/c0/53/9451c6d147c881e94d49302f903e/doc-fords-lawsuit.pdfWhite refused these terms, but after extensive negotiations, he and the restaurant group entered into a new Intellectual Property License Agreement effective January 1, 2022.
The lawsuit claims that within a year of signing the agreement, HM Restaurant Group executives approached White again demanding further royalty reductions and "repeatedly browbeating" him about the royalty structure.
White refused to reduce the royalties further and insisted the restaurant group honor the recently signed license agreement, the lawsuit says.
The author claims this misuse of his intellectual property constitutes a breach of contract that has caused monetary damage and potential loss to his reputation and goodwill. Additionally, the lawsuit alleges HM Restaurant Group has failed to pay all royalties due under the license agreement.
It's not clear how much White is asking for, but the lawsuit says it exceeds $50,000.
A response from the defendant was due on Aug. 1, but court records do not show that has been done.
HM Restaurant Group provided a statement to Fox 4 about the lawsuit:
We are aware of the lawsuit and strongly disagree with the claims being made. 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. In the meantime, we remain focused on what we do best, which is connecting people with great food and delivering legendary guest experiences."
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