Hog's Breath Cafe - Company

Company

As of December 2011, there were 69 outlets operating in Australia, 3 outlets in New Zealand, 2 outlets in Thailand and 1 in Singapore. Hog’s Breath Company also controls the licensing and use of the Jamaica Joe's trademark in Australia and overseas. Hog’s Breath Company is now embarking on further expansion in other Asian countries as well as the UK, Europe and North America.

The Hog’s Breath Australia web site identifies the company as being “Creators of restaurant and bar concepts for Australia and the world'”, which some might consider ironic given the origin of the Australian operation.

The ‘Original Hog's Breath Saloon’ was established by Jerry Dorminy in Ft. Walton Beach, FL, in 1976. From the late 1980s, Mr Dorminy has used the name ‘Hog's Breath Café’ in relation to the restaurant part of his business. In establishing the Australian operation Mr Algie appropriated key elements of Mr Dorminy’s business including the business name, theming and logos/artwork.

Jerry Dorminy’s association with Don Algie began in 1985 when he employed Mr Algie to organise and promote a series of yacht races in the United States. In mid-1986 Mr Dorminy visited Mr Algie in Australia, and during that visit Mr Algie expressed interest in developing a bar and restaurant business in Australia. Mr Dorminy subsequently asked Mr Algie to register the business name ‘Hog's Breath Saloon’ in New South Wales, in his (Mr Dorminy's) name.

Further discussions concerning the possibility of creating an operation in Australia are reported to have taken place in 1987 and 1988. Mr Algie subsequently claimed that he then wrote to Mr Dorminy, saying that he (Mr Algie) intended to open a ‘Hog's Breath’ restaurant in Queensland. Mr Dorminy later denied receipt of that letter, and asserted that he had repeatedly told Mr Algie that "he would not be authorised" to operate his own ‘Hog's Breath’ business in Australia.

In July 1988, Mr Algie applied on his own behalf to register the business names ‘Hog's Breath Saloon’ and ‘Hog's Breath Cafe’ in Queensland. Mr Algie opened business as the ‘Hog's Breath Cafe’ at Airlie Beach in July 1989, and in August 1989 he applied to register the first two ‘Hog's Breath’ trademarks.

In the legal dispute that ensued, Mr Dorminy’s primary argument was that Mr Algie was not entitled to secure registration because the earlier relationship between himself and Mr Algie gave rise to an obligation by Mr Algie to act in his (Mr Dorminy’s) interest. For reasons set out in a detailed determination dated 30 June 1994, Helen Hardie, Assistant Registrar, declined the application by Mr Dorminy to prevent Mr Algie from registering five Hog’s Breath trademarks.

A September 2011 media report detailed a further related development. It stated that in 2006, American designer John Lamb commenced legal action against Hog’s Breath in the Federal Court in Perth. Before Justice Robert French on June 22, 2007, Mr Lamb claimed he owned copyright to a cartoon of a pig known as the “Wave Hog Work”. He said he produced the pig in 1987 to promote the original Hog’s Breath Saloon in Florida. Mr Lamb alleged that, from 1996, companies controlled by a former worker at the Florida eatery had infringed his copyright in various ways including applying the pig logo to clothing related to the Hog’s Breath cafes in Australia. Hog’s Breath subsequently agreed to pay Mr Lamb $750,000, inclusive of Mr Lamb’s legal fees.