Tuesday, October 19, 2010

Dog Nuvo temporarily closed as dogfight heats up between hot-dog vendors

Posted by Charles Ferruzza on Tue, Oct 19, 2010 at 11:45 AM

From left: Skudra, Roth and Blasco are in a hot dogfight over hot dogs.
  • From left: Skudra, Roth and Blasco are in a hot dogfight over hot dogs.
From left: Skudra, Roth and Blasco are in a hot dogfight over hot dogs.
Instead of hustling in the kitchen and grilling hot dogs for the lunch crowd, which typically gathers outside the glass doors of Dog Nuvo at 1724 Main, chef Marshall Roth and his business partner, Harry Blasco, sit in the sun at one of the cafe tables in front of the building with their employee, Mandy Skudra.

The customers who walk toward the entrance are confused.

"We're not open today," Roth tells the three young businessmen in dress shirts and neatly ironed slacks as they try to open the glass door. "We're being sued by our former employer."


That's the truth: Independence attorney Ken McClain, who owns several restaurants in historic downtown Independence, has filed both a lawsuit and a restraining order against his former employees, Roth and Blasco, claiming that the two owners of Dog Nuvo took trade secrets from him when they gave notice earlier this year.

Roth and Blasco say hogwash.

"Yes, Ken wanted to open his own hot-dog restaurant in Independence," Roth says, "but all of his ideas were his, not mine. We presented him with ideas, and he didn't like any of them."

McClain has yet to open his own hot-dog concept, even though Fat City wrote about it two months ago.

"They should have called their business Fraud Nuvo!" McClain says by phone from Columbia, Missouri. "This was my idea from traveling around the country and seeing gourmet hot-dog restaurants in other cities. I paid both of them to implement my concept, and instead they ran off with my ideas. It will all come out in court."

McClain scoffs that Roth created any hot-dog culinary ideas of his own: "I paid interns to develop my recipes and ideas, and my two employees were, behind my back, creating their own business plan last June, planning to open the same concept. They incorporated their business in June, and Harry left my company in July and Marshall in August, after telling me they were leaving to create a completely different business."

Blasco says his attorney is going to work to have the restraining order lifted this week so that Roth can start grilling gourmet hot dogs again. Blasco calls McClain a bully and feels that he and Roth are being punished for leaving McClain's business: "The minute I gave my 30-day notice," Blasco says, "Ken never spoke to me again."

McClain hopes to have his own hot-dog restaurant open in January or next spring. Blasco and Roth hope to be back in business by Friday. They're telling their customers that, anyway.

"We've sunk everything into our business," Blasco says. "We've got to win this."

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Comments (19)

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all:

you better not talk about this anymore. Krazy Kenny has files for a gag order so that no one can say any bad things about him. i wonder what oscar meyer thinks about the whole Krazy episode?

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Posted by joe on 11/12/2010 at 9:23 PM

Sure it's easy to focus on the "trade secret" issue, and who doesn't love a good old fashioned 'stick it to the man story' in this economy? On the other hand, what most of you don't understand is that McClain's beef doesn't appear to be that he invented the hot dog restaurant concept - clearly he didn't. Please no more genius Blanc Burger or AMC comparisons - those analogies completely miss the point. The issue is that there is no way on God's green earth that Blasco and Roth could have researched, developed and opened their restaurant just 2 weeks after they had both quit working for McClain) without using the research and development intel that McClain paid for - and who can blame the guy for wanting to be reimbursed for that?

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Posted by Trade Secret = Red Herring on 10/21/2010 at 12:07 AM

C'mon McClain, this is petty nonsense. Stop being a tyrant, cut your losses, and move on. Trade secrets?! What?, the idea of putting chili on a hot dog? Give it up man.

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Posted by Pigeon on 10/20/2010 at 6:32 PM

Well, Roth & Blasco may not have done a good thing, and they may not have done an ethical thing but, unfortunately, there is no way to protect a concept or idea, So, suck it up, McClain, and either open up a better hot dog place of your own, or just move on to something else.

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Posted by ReB on 10/20/2010 at 6:31 PM

Charles if you hadn't said it, I would have. Nice work!

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Posted by DLC on 10/20/2010 at 10:49 AM

I believe "The Square Blowing Ally" was an X-rated movie from the 1980s, but possibly filmed in Independence.

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Posted by Charles on 10/20/2010 at 9:12 AM

McClain Restaurant Group is not upset about another Hot Dog Restaurant but upset that someone he used to employ have decided to leave there business and branch out on there own. The Lawsuit about Hot Dog vs. Hot Dogs is the title but it�s really about McClain being an ass of a boss and treating his employees like DOGS themselves.

Up Dog is a fictision ficticious company that only have a website. How many of us have bought a website that we thought was a cool name and maybe one day in our dreams actually do something with it? UpDog was an idea and presented to interns in the McClain Group to come up with a concept there was no real plan with it until just lately leaving Dog Novo who is a totally different concept able to open.

If it is about HOT Dogs vs. HOT Dogs then I am waiting to see the court Documents from.
Blanc vs. BRGR, or better yet�. Ophelia�s vs. Carmen's Cafe, Square Pizza vs. Bronx, The Square Blowing Ally vs. Lucky Strike, Main Street Coffee vs. Latte Land, The Square Movie Theater vs. AMC Main Street. Really McClain just because you�re a lawyer does not mean you need to take to court every small person who pisses you off. Really I am sure there are other cases that are more important.

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Posted by Lady at the Hot Dog Stand on 10/20/2010 at 9:07 AM

I have a better name for this debacle: Dog Parvo!

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Posted by john1 on 10/20/2010 at 6:28 AM

This is a bullying move by McClain. Hot dog restaurants are not a unique business idea and he has no rights to claim such. Ever notice McDonald's, Wendy's, and Burger King within several blocks of each other? Marshall's got it going on and Dog Nuvo is off to a great start. Sounds like bitter apples to me.

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Posted by BK on 10/20/2010 at 6:18 AM

Well I can testify if need be, because Marshall told me this idea in September of 09 . By the way Mr. McClain this is not
a new idea. Concepts like this one are coming up all over the US. Hello... Blanc Burgers and Bottles. Pizza Bella, Cup Cake Al a Mode, Yogurtini, Etc. all putting their Gourmet Spin on American classic's.

New Gourmet Hot Dogs Make Their Way to the Market
The World of Hot Dogs, Beyond Fillers and Nitrates
By PETER HELLMAN | July 2, 2008 This is from the NEW YORK
SUN Just Google Gourmet Hot Dogs! Not a new idea.

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Posted by re9girl on 10/19/2010 at 8:29 PM

This is honestly one of the most RIDICULOUS law suit cases I have heard of. PLEASE Ken, take them to court...I would really be interested to see what sort of legal documentation he has to prove his case. It will be quite comical to say the least.

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Posted by Sarah on 10/19/2010 at 7:04 PM

I guess all these gourmet hot dog restaurants that have opened down here in Wichita better start suing McClain, since he likely stole the idea from them.
Those pile-of-garbage dogs have their place, but what good dog needs anything more than mustard and kraut?
And yes, those ARE some prodigious funbags on the young lady in question.

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Posted by podunkboy on 10/19/2010 at 6:25 PM

look carl... A) ken has no attorney fees because he is one (and arguably the best if you do your homework) ....B) there's is no B...A is all the info you need to know to not want to backstab him.... game over

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Posted by dad on 10/19/2010 at 5:08 PM

seems like a childish petty way to get back at people who've put their hard work and dreams into something the city can really use. if the business fails, it should fail or rise on its own- not because of some silly big man who uses his power to crush "the boys who took his toys".

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Posted by Max on 10/19/2010 at 4:17 PM

If I were Mr. McClain - I would sue every employee who steals from me too!! Small business owners can't afford to tolerate or ignore this type of behavior from their employees, and they have a right to protect their business interests. An employer should be able to trust that his employees won't steal from him whether it's money, merchandise or ideas.

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Posted by Sam on 10/19/2010 at 3:09 PM

McClain sues everyone! He sued the owner of party patch when she left after the opening of Ophelia's, he should get his ass sued for all the sexual harassment he gave a former front of the house manager along with Harry. The whole group deserves each other!

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Posted by Pete on 10/19/2010 at 2:06 PM

Holy Rack on Mandy Skudra! Wow.!!!

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Posted by Jason on 10/19/2010 at 1:09 PM

Not sure what the big deal is...the hot dogs at Dog Nuvo are lame. Great concept but when the actual hot dog is as small as they one they use, and they sell it for up to $8, prepare to be disappointed. Oh, and don't forget the $6 drink and $6 bag of chips. McClain should save his attorney fees because Dog Nuvo will be out of business in no time if it doesn't beef up its dogs (pun intended!).

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Posted by Hot Carl on 10/19/2010 at 12:01 PM

Sean Parker: You know what's cooler than a million dollars?

Harry Blasco: You?

Sean Parker: Hot dogs.

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Posted by Chuck1 on 10/19/2010 at 11:41 AM
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