Novelist Randy Wayne White sues Doc Ford’s restaurant ownership group over contract

Novelist Randy Wayne White, creator of the Doc Ford literary character, is suing HM Restaurant Group, claiming the company failed to properly compensate him under an agreement to use the name for its restaurant chain. 

HM Restaurant Group denies the allegations and says it has fulfilled its obligations. 

The first Doc Ford’s Rum Bar & Grille opened in 2003, then owned by Island House Restaurant Limited Partnership. By then, White had written the first 10 of his Doc Ford novels. Since then, the series has grown to 28 titles. 

Island House dissolved in 2015, the same year HM Restaurant Group took over the restaurants. The company has since expanded the Doc Ford’s brand to four locations: San Carlos Island/Fort Myers Beach, Sanibel Island and two in St. Petersburg. 

The latest novel in the Doc Ford series, Tomlinson’s Wake, is being released this month. 

Trouble between the two parties began in early 2022, according to White’s lawsuit, when HM Restaurant Group approached him with a proposal for a new agreement. The company sought to reduce the royalties it paid White from the restaurants and requested a 30% stake in his book copyrights, as well as past, present and future film, movie and audiobook deals. 

“This would have effectively given HMRG full control of the Doc Ford brand,” the lawsuit said. 

White rejected the offer but agreed to let HM Restaurant Group continue using the Doc Ford name for its restaurants. The financial terms of that agreement — and how they would have benefited White — remain private and undisclosed. 

But the heart of White’s complaint became public in July, when his attorney filed the lawsuit in the 20th Judicial Circuit in Lee County. 

“Within a year after the signing of the License Agreement, the principals of HMRG again approached Mr. White demanding a further reduction in royalties, repeatedly browbeating Mr. White about the royalty structure,” the lawsuit said. “Mr. White, though, refused to entertain the idea of further reducing HMRG’s royalties or other concessions to HMRG’s demands, insisting that HMRG live up to the License Agreement it had executed with Mr. White just months earlier… 

“Moreover, HMRG has not paid all royalties due to Mr. White pursuant to the License Agreement.” 

Dixie Fish Co. and the forthcoming Bonita Fish Co. are and will be located adjacent to Doc Ford’s at 708 Fisherman’s Wharf. The lawsuit said White has not received royalty payments from Dixie Fish Co.’s revenues, as that restaurant uses Doc Ford’s name in its branding as a sibling restaurant. 

“We are aware of the lawsuit and strongly disagree with the claims being made,” the statement said. “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.” 

Todd Timmerman, a Tampa attorney specializing in intellectual property protection, has been hired by White. White deferred commenting to Timmerman, who works for Shumaker, which has 13 offices in five states and Washington, D.C. 

Timmerman noted he wasn’t present at face-to-face discussions between White and HMRG and that he cannot discuss his strategy or the original terms of the agreements, which remain private. 

“So, I’m a little handcuffed in that way because of confidentiality issues,” Timmerman said. “I can’t talk about the terms of the agreement. But I can talk about the generalities that were spelled out in the complaint. Everything in there is accurate. 

“There was a different royalty structure with the original company. At the beginning of 2022, they came in and said they wanted to change the royalty structure. [White] expected that’s what the arrangement would be going forward.” 

White didn’t just file the lawsuit to recoup what he perceived to be lost royalties, Timmerman said. He filed the lawsuit to protect his brand and reputation, Timmerman said. 

HM Restaurant Group has been using the Doc Ford brand in its promotion of hot sauces without receiving approval from White, and it has been using the brand to promote a Tarpon fishing tournament, also without White’s approval, the lawsuit said. 

“From Mr. White’s perspective, he spent the better part of 35 years writing these books,” Timmerman said. “They’re New York Times-bestselling novels. If you’ve read any of them, they’re extremely well-written and popular. 

“I don’t want to take anything away from HM Restaurants. They seem to run good restaurants. But the novels and the brand came first. The restaurants were built on the back of that brand.” 

White also has been in talks to create other revenue sources using the Doc Ford brand, and Timmerman said his client wants to continue ownership of that brand. 

“There are other business ventures that could be launched off this brand,” Timmerman said. “Those are owned by Mr. White. If he were to come up with a food line or a movie. Or a TV series. Or a clothing line. Think about all the things that have come off of Jimmy Buffet’s songs. 

“Those rights belong to Mr. White. He wants to make sure his brand remains strong and protected and is untarnished.”