Holmes

MEMORANDUM *

Appellant BNI Enterprises, Inc. (BNI) appeals the district court’s summary judgment to appellee Kelli Holmes (Holmes). 1 We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Because the parties are familiar with the facts, we do not recite them in detail. *844 BNI markets and promotes a networking system for professionals and uses copyrighted material to implement and promote its networking and referral system. Holmes was an employee of BNI from 1990 to 1999, and her familiarity with BNI’s written brochures and materials is not disputed. She left BNI’s employ in December 1999 and, in July 2002, started Team Referral, Inc. (Team), a competing networking business. BNI alleges that Holmes copied BNI’s brochures as well as its concept and diagram of “contact spheres.”

We review the district court’s grant of summary judgment de novo. See Government of Guam v. United States, 179 F.3d 630, 632 (9th Cir.1999), cert. denied, 529 U.S. 1017 , 120 S.Ct. 1416 , 146 L.Ed.2d 309 (2000). We view the evidence in the light most favorable to the non-moving party to determine the presence of any issues of material fact. See Kouf v. Walt Disney Pictures & Television, 16 F.3d…