MIAMI — A chain of adult nightclubs and restaurants is suing Rhino Doughnuts and Coffee, alleging trademark infringement.
Spearmint Rhino Companies Worldwide Inc. (SCRW) filed a lawsuit Dec. 14 in U.S. District Court Southern District of Florida against Rhino Holdings Inc., doing business as Rhino Doughnuts and Coffee, and Rhino Boca Raton LLC, doing business as Rhino Doughnuts, alleging trademark infringement, false designation of origin, unfair competition, and trademark dilution
According to the complaint, SCRW is the owner of seven federal trademarks involving the “Rhino” name and symbol for nightclub operations and restaurant and bar services since 1992. The suit says it has spent more than $18 million in advertising and promoting of their operations under the trademark between 2006 and the present, with locations across the United States, Australia and the United Kingdom.
The lawsuit states Rhino Doughnuts has operated four restaurant locations across Florida under the name “Rhino Doughnuts and Coffee,” since May 2014, and the defendant was aware of the trademark and used the name and design to market the restaurants.
On Oct. 9, 2015, the plaintiff sent a letter to the defendant without receiving any response regarding the alleged infringement, the suit states. The defendant became the owner of the “Rhino Doughnuts and Coffee” mark on Oct. 13, which Spearment Rhino argues, violates trademark infringement laws.
The plaintiff demands the defendant stop using the Rhino trademark, cancel all Rhino trademarks, and destroy all products with the trademark.
SCRW seeks all profits derived by the infringement, damages incurred, costs and attorney fees. It is represented by attorney Mark A. Goldstein of Miami, attorneys Aaron T. Olejniczak and Ryann H. Beck of Andrus Intellectual Property Law LLP in Milwaukee, and attorney Peter E. Garrell of Garrell Law PC, in Norco, California.
U.S. District Court Southern District of Florida Case number 0:15-cv-62612-WJZ