By Sabina Mollot
In September, new doggie daycare center Happy Dogs, which is located on First Avenue north of 23rd Street, sued a former trainer the company had worked with, accusing Blake Rodriguez, a Peter Cooper resident, of poaching customers and starting a competing business, Dream Come True K9 (DCTK9).
The problem, said Ien and Jennifer Cheng, who own Happy Dogs, was that during the course of their working relationship, Rodriguez said he wanted to open his own rehabilitation center for dogs with behavioral issues. Though they knew this, they became concerned that despite his having signed an agreement not to compete, his center, located a mile and half downtown of Happy Dogs in Manhattan, would do just that by offering overnight boarding as Happy Dogs also does.
The contract called for him not to start a competing business within three miles of of Happy Dogs after the working relationship had ended. Happy Dogs also accused Rodriguez of illegally boarding dogs in his apartment.
A month after the suit was filed, last Thursday, a judge at a city Civil Court heard arguments from both sides and while he didn’t come to any decision, indicated he didn’t think Rodriguez’s dog walking and training company posed much of a threat to Happy Dogs. Noting that DCTK9 is a startup while Happy Dogs has two locations (one in Kips Bay and another in McCarren Park in Brooklyn), Judge Robert Reed said, “It’s like a gnat causing annoyance to an elephant.”
Reed brought up how many dogs there were in the city, saying that just that morning he’d been emailed an ad for a doggie daycare service “and I don’t have a dog.” He added that he wondered why Happy Dogs was so worried about losing clients when “there’s a lot more people with dogs within that three mile radius” of Manhattan.
In response, attorney Robert Landy, who was representing Happy Dogs, said that while Happy Dogs didn’t consider itself unique, it was trying to keep its clients from being poached by Rodriguez. The lawsuit had stated that the Chengs had seen testimonials on DCTK9’s website from former clients of Happy Dogs. In response to Reed’s earlier comparison of the two businesses, the attorney said that he “wouldn’t consider Happy Dogs a giant elephant,” but agreed that Happy Dogs was a bigger operation. He said the company recently expanded so that there are now 30 employees.
Landy added that Rodriguez and the Chengs had worked on the group training sessions held at Happy Dogs together and as a result Rodriguez got confidential information about the company’s clients and their dogs’ needs. He also said that during a time after the working relationship had ended but when the Chengs and Rodriguez were still trying to renew it, there was a lot of back and forth on what Rodriguez was going to do with his company, with boarding being a murky subject.
Rodriguez’s website, he added, initially described DCTK9 as a one-stop shop for various dog-related services. But DCTK9, in a written response to the lawsuit, had said Rodriguez had been unaware of this at first since he hadn’t been the one to designed his recently revamped website. The website also utilized SEO services aimed at bringing more traffic to the site. This, Rodriguez’s counter-complaint explained, was the reason for the “one-stop shop” wording. In court, Landy said he found that difficult to believe.
“The defendant will say what’s most useful for himself and then back away from it,” said Landy.
Reed, however, said he was concerned that “stopping (Rodriguez) from being able to go off on a new venture, I don’t know if that’s in keeping with public policy.” He also said he thought the two businesses’ neighborhoods’, DCTK9’s on the Lower East Side vs. Happy Dogs near Stuyvesant Town/Peter Cooper and Gramercy Park were different in the latter ones “have a bit more money.”
In arguing for DCTK9, attorney Aglaia Davis said Rodriguez doesn’t advertise or solicit clients, and when he gets calls, refers the caller to his website to make sure what the person is looking for is training or walking as part of a training program, rather than daycare. “If someone was to say, ‘I don’t want to be with Happy Dogs, anymore. I’m looking for somewhere to drop off my dog and pick it up at 5,” DCTK9 wouldn’t be able to offer the service, she said. “Their businesses are not competing.”
At this point, Reed said he couldn’t even understand why there was a dispute.
Following the arguments, Rodriguez who’d been present at court, said he thought “this whole thing is silly.” He said the only dogs he offers boarding to are the ones participating in his training program or that have used the training program in the past.
“We do make an expectation for dogs we’ve trained,” he said. “It’s not for everybody. It’s not daycare.”
He also denied boarding dogs in his apartment in Peter Cooper Village.
“I have a center. That’s where I live. I have a dog,” he said.
The Chengs weren’t present at the court appearance, and Landy declined to make any further comment. A spokesperson for CW declined to comment on whether or not Rodriguez has boarded dogs at his home.