District Court, D. New Jersey September 22, 2011, Civil No. 08-6218 (JEI)(KMW) (Subaru of America, Inc. v. DDB Worldwide Communications Group, Inc.)

OPINION

IRENAS, Senior District Judge:

This is a contract dispute between Subaru of America, Inc., (“Subaru”), and its former advertising agency, DDB Worldwide Communications Group, Inc. (“DDB”).1 DDB presently moves for summary judgment on Counts 2 though 4 of the Second Amended Complaint.2 For the *652reasons stated herein, the Motion will be granted in part and denied in part.

I.