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ALI-ABA Topical Courses Trade Secrets From the ... - ALI CLE

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92intention to return to work part-time at SFDG on March 17, 2011. (Id. 30, 31.) On March 8,2011, SFDG’s lawyer responded by letter to Maremont’s attorneys advising <strong>the</strong>m that SFDG hadfilled Maremont’s position after her fa<strong>the</strong>r directed SFDG employees not to contact Maremontunder any circumstances. (Id. 32.) By March 17, 2011, a public relations firm known as “JoChicago” had hired Maremont. (Id. 33.)SUMMARY JUDGMENT STANDARDSummary judgment is appropriate “if <strong>the</strong> movant shows that <strong>the</strong>re is no genuine disputeas to any material fact and <strong>the</strong> movant is entitled to judgment as a matter of law.” Fed.R.Civ.P.56(a). A genuine dispute as to any material fact exists if “<strong>the</strong> evidence is such that a reasonablejury could return a verdict for <strong>the</strong> nonmoving party.” Anderson v. Liberty Lobby, Inc., 477 U.S.242, 248, 106 S. Ct. 2505, 2510, 91 L. Ed. 2d 202 (1986). In determining summary judgmentmotions, courts must view facts “in <strong>the</strong> light most favorable to <strong>the</strong> nonmoving party only if <strong>the</strong>reis a ‘genuine’ dispute as to those facts.” Scott v. Harris, 550 U.S. 372, 380, 127 S.Ct. 1769, 167L.Ed.2d 686 (2007). The party seeking summary judgment has <strong>the</strong> burden of establishing that<strong>the</strong>re is no genuine dispute as to any material fact. See Celotex Corp. v. Catrett, 477 U.S. 317,323, 106 S. Ct. 2548, 91 L.Ed.2d 265 (1986). After “a properly supported motion for summaryjudgment is made, <strong>the</strong> adverse party ‘must set forth specific facts showing that <strong>the</strong>re is a genuineissue for trial.’” Anderson, 477 U.S. at 255 (quotation omitted).ANALYSISI. Lanham Act Claim – Count IIn Count I of her Second Amended Complaint, Maremont alleges a false associationclaim, also known as a false endorsement claim, under <strong>the</strong> Lanham Act, 15 U.S.C. §6

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