This web domain has been removed from the possession of Rhino Doughnuts and Coffee (operated by Rhino Holdings, Inc. and Rhino Boca Raton, LLC (“Defendants”)) pursuant to a court order because Rhino Doughnuts and Coffee knowingly and brazenly infringed on trademarks owned by The Spearmint Rhino Companies Worldwide, Inc. (“Plaintiff”), causing confusion in the marketplace and damaging Spearmint Rhino Companies' goodwill in its famous trademarks. Accordingly, a Federal Court has ordered Rhino Doughnuts and Coffee to change its name and logo, and ordered transfer of this domain.
Spearmint Rhino Companies Worldwide, Inc. has spent over twenty years perfecting its brand, and has invested significant resources in promoting its trademarks. As such, Spearmint Rhino Companies takes issues of trademark infringement seriously. While Spearmint Rhino Companies always hopes to find a fair and appropriate resolution to trademark disputes without resorting to court action, that cannot be accomplished where (as here) a party refuses to communicate.
Spearmint Rhino Companies reached out to the owners of Rhino Doughnuts and Coffee back in mid-2015 asking them to change their mark to avoid infringing on the Spearmint Rhino mark and design. Rhino Doughnut’s owners ignored and refused to respond to Spearmint Rhino Companies’ reasonable requests or to change the Rhino Doughnuts mark so that it was not a near copy of Spearmint Rhino Companies’ famous mark. The principals of Rhino Doughnuts simply refused to communicate. Unfortunately, Spearmint Rhino Companies had to enforce its trademark rights in Federal Court in order to stop Rhino Doughnuts’ trademark infringement.
On July 28, 2016, after reviewing the facts, the Honorable William J. Zloch, United States District Judge for the Southern District of Florida found that Rhino Doughnuts and Coffee (i.e., Rhino Holdings, Inc. and Rhino Boca Raton, LLC) has intentionally copied Spearmint Rhino’s trademarks, including Spearmint Rhino’s famous design with a stylized rhinoceros profile in a circle. The court further found that Rhino Doughnuts copied Spearmint Rhino’s marks in order to derive benefit from Spearmint Rhino’s goodwill and public recognition of the famous Spearmint Rhino mark and design. The court entered judgment in favor of Plaintiff and against Defendants and further ordered in part:
Defendants are permanently restrained and enjoined from:
- Operating under any mark that includes the name “Rhino” or a silhouette of a rhinoceros, or any colorable imitations thereof;
- Operating the website www.rhinodoughnuts.com;
- Selling or transferring the domain www.rhinodoughnuts.com or any confusingly similar domain to any party other than Plaintiff;
- Defendants must immediately transfer the domain www.rhinodoughnuts.com to Plaintiff;
- Defendants must relinquish to Plaintiff all products, paraphernalia, kits, labels, signs, prints, packages, containers, stationary, promotion materials, advertising and other items, whether physical or electronic, bearing the name, mark, trade dress, indication of source or other identifier that includes a silhouette of a rhinoceros of the name “Rhino.”
Plaintiff will be filing a motion for attorneys’ fees and costs against Defendants.
The Complaint and Final Judgment are provided here, in case you wish to review them:
To view the website (adult content) of The Spearmint Rhino Companies Worldwide, Inc. please click here: www.spearmintrhino.com.
For further information please contact:
Legal:Peter E. Garrell
GARRELL LAW, P.C.
1875 Tandem Way
Norco, CA 92860
Spearmint Rhino Consulting Worldwide, Inc.
1875 Tandem Way
Norco, CA 92860