All Leisure Holidays Ltd. v. Novello Case

All Leisure is a business operating in selling, marketing and operating cruise ships throughout the world. Novello joined All Leisure on May 11, 2010, as President. DMS is a database marketing and consulting firm that develops marketing campaigns to revenue, which entered into a Non-Disclosure agreement with All Leisure. Pursuant to the Non-Disclosure Agreement, All Leisure furnished DMS with All Leisure’s Trade Secrets. DMS acknowledged and agreed that all such information and data is and shall remain the property of All Leisure.  In October 2012, Novello and DMS, through improper means, have misappropriated or are immediately likely to misappropriate All Leisure’s Trade Secrets. All Leisure further contends that Novello has disclosed or used or is likely to disclose or use company’s Trade Secrets without the express or implied consent of All Leisure and that DMS still possesses All Leisure’s Trade Secrets and has improperly disclosed such information and data to Novello or has used or is likely to disclose or use All Leisure’s Trade Secrets for the benefit of itself and others. Florida law considers a business’s customer lists and the information contained therein to be trade secrets subject to protection if that information is compiled from nonpublic information and is kept confidential by the business. Misappropriation of trade secrets occurs when the trade secret is acquired by a person who knows or has reason to know that the trade secret was acquired by improper means or was disclosed or used without consent by a person who used improper means to acquire knowledge of the trade secret. The Court concludes that entry of a TRO (temporary restraining order) to protect trade secrets serves the public interest. The fact that an employee did not sign a non disclosure or confidentiality agreement is not dispositive. The facts as alleged in the Verified Complaint establish that having decided to leave the employ of All Leisure, and without the knowledge of All Leisure, Novello, likely aided and assisted by DMS, apparently requested and obtained All Leisure’s Trade Secrets without the express or implied consent of All Leisure. For all these reasons, a substantial likelihood exists that All Leisure will prevail on the merits of its claim.

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