DeCurtis: Carnival files complaint over intellectual property

By Sarah Lizee

Olympia, Wash., June 27 – Carnival Corp. filed a complaint against DeCurtis Holdings LLC in the U.S. Bankruptcy Court for the District of Delaware seeking a declaration from the court that it owns certain intellectual property DeCurtis is trying to sell in its bankruptcy proceedings.

“These bankruptcy proceedings are the latest front in a years’ long effort to prevent and remedy DeCurtis’s misappropriation, infringement, and unauthorized use and disclosure of Carnival’s intellectual property,” Carnival said in court documents.

In March, a jury in a civil action in the U.S. District Court for the Southern District of Florida rendered a verdict following trial that DeCurtis breached a master services agreement (MSA) with Carnival.

Carnival said the evidence that formed the basis for the Florida jury verdict demonstrates that DeCurtis has breached and continues to breach the MSA by misappropriating Carnival information, falsely holding it out as DeCurtis’s own property, and by misusing and disclosing Carnival information for its own purposes and benefit.

Notably, the bankruptcy court rejected Carnival’s earlier motion for relief from the automatic stay to proceed in the pending civil action in Florida last week.

Carnival said it was scheduled to file a motion for injunction in the Florida litigation to protect and recover its “sole property” on May 1, and alleges that DeCurtis “disrupted that schedule and sought to evade injunctive relief” by filing bankruptcy on April 30.

Orlando, Fla.-based DeCurtis provides guest experience and operational management product-focused SaaS software solutions. The company filed bankruptcy on April 30 under Chapter 11 case number 23-10548.

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