Founding controversy
A bar and restaurant named Hog's Breath Saloon had been operated by Jerry Dorminy in Fort Walton Beach, Florida, in the United States since 1976.[12] From the late 1980s, Dorminy has used the name "Hog's Breath Café" in relation to the restaurant part of his business. It has been alleged that Algie appropriated key elements of Dorminy's business including the business name, theming and logos/artwork, in operating the Hog's Breath Cafe business in Australia.
In 1985, Dorminy employed Algie to organise and promote a series of yacht races in the United States. In mid-1986, Dorminy visited Algie in Australia, and during that visit Algie expressed interest in developing a bar and restaurant business in Australia. Dorminy subsequently asked Algie to register the business name Hog's Breath Saloon in New South Wales, in his (Dorminy's) name.
Further discussions concerning the possibility of creating an operation in Australia were reported to have taken place in 1987 and 1988. Algie subsequently claimed that he then wrote to Dorminy, saying that he (Algie) intended to open a Hog's Breath restaurant in Queensland. Dorminy later denied receipt of that letter, and asserted that he had repeatedly told Algie that "he would not be authorised" to operate his own Hog's Breath business in Australia. In July 1988, Algie applied on his own behalf to register the business names "Hog's Breath Saloon" and "Hog's Breath Cafe" in Queensland. Algie opened business as the Hog's Breath Cafe at Airlie Beach in July 1989,[13] and in August 1989 he applied to register the first two Hog's Breath trademarks.
In the legal dispute that ensued, Dorminy's primary argument was that Algie was not entitled to secure registration because the earlier relationship between himself and Algie gave rise to an obligation by Algie to act in his (Dorminy's) interest. For reasons set out in a detailed determination dated 30 June 1994, Helen Hardie, Assistant Registrar, declined the application by Dorminy to prevent Algie from registering five Hog's Breath trademarks.[14]
In 2006, American designer John Lamb commenced legal action against Hog's Breath in the Federal Court of Australia. Before Justice Robert French on 22 June 2007, 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. 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 Cafe chain in Australia. Hog's Breath subsequently agreed to pay Lamb $750,000, inclusive of Lamb's legal fees.[15]
Other
In April 2014, a story on A Current Affair claimed that Hog's Breath had engaged lawyers Finn Roche to demand that a small industrial area takeaway on the NSW Central Coast called "Hoggy's Takeaway" cease and desist using the name Hoggy's in their business name and branding. The owner, Sam Hogg, chose the name because of his surname. He subsequently received support from the public, with more than 14,000 people signing a petition to demand that Hog's Breath Cafe retract their legal threats.[16] Hog's Breath later applied for the trademark Hoggy's Takeaway.
In 2016 the company was accused of underpaying workers.[17]