Tuesday, March 6, 2018

Encinitas Handel's ice cream operator sued by franchisor

The Vindicator:
Here’s the scoop: Handel’s Homemade Ice Cream and Yogurt filed a lawsuit Monday in federal court that accuses a franchisee of going rogue and using the company’s trade secrets to open an unauthorized ice cream parlor in San Diego.

Kenneth Schulenberg, who operates a franchise in Encinitas, Calif., executed a lease to construct an ice cream parlor in San Diego that would compete with his Encinitas franchise, according to the complaint filed in U.S. District Court.

The complaint alleges that Schulenberg, his business partner Juliana Ortiz and their company Moonlight101 Inc. cannot operate a competing parlor while Schulenberg operates a Handel’s franchise without improperly using Handel’s trade secrets.

14 comments:

  1. Handel's: A gazillion flavors of very ordinary ice cream.

    ReplyDelete
  2. The one with no public restroom at Moonlight Lofts.

    ReplyDelete
  3. I miss the Encinitas Baskin-Robbins! One of these days we will have to check out Handel's and see if there's anything special about it. But wait, there's no decent parking near the Encinitas Handel's...

    ReplyDelete
    Replies
    1. And 2 restaurants will be opening just down the street by 101 and D St. Also - no parking. How did they get around the parking requirements or are there none?

      Delete
    2. 2:54 PM There exceptions to the parking requirements that works out to no parking requirements. Brenda, the development director answers to Karen, the city manager who answers to the council who answer to the mayor Catherine.

      Delete
  4. No parking, just lots of "vibrancy!"

    The ice cream is really quite good though, IMO.

    ReplyDelete
  5. Go to JoJo's creamery it is soooo much better than Handel's!! It's in the Lumberyard behind St. Tropez. They make it in small batches with organic ingredients.

    ReplyDelete
    Replies
    1. I agree it is amazing ice cream and not made with garbage ingredients. Plus Jo Jo's gives you a little cookie with your ice cream!

      Delete
  6. New gelato place coming soon....

    ReplyDelete
  7. The issue may hinge around the terms of the Handel's franchise and non-competition/disclosure clauses. If those are written into the leasing terms, then there may be a problem for the owners of Moonlight 101 may have problems. I presume an analysis would have to be made of the ice cream ingredients and a determination made of whether there are exclusive proprietary issues on the combinations used.

    ReplyDelete
    Replies
    1. delete "may have problems" after 101 - oops!

      Delete
  8. They are changing the name from Handel's to Cali Cream in Encinitas today

    ReplyDelete
  9. Too Bad, the ice cream isn't even close to what they had before when it was Handels. I didn't realize they changed and got to ice creams today and we both noticed the texture and amount of chunks were inferior. We threw ours away after a few bites. Not as creamy and flavor was bland. What a shame and disappointment because this getting ice cream here was part of our weekly treats! Sad.

    ReplyDelete
  10. I definitely agree the "Cali Cream" is slightly different than Handel's less flavorful, and you don't get the big serving size anymore.

    ReplyDelete