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Idaho Golf Partners, Inc. v. Timberstone Management, LLC
United States District Court, District of Idaho
2016 WL 4974944 (2016)
Idaho Golf Partners, Inc. (plaintiff) and Timberstone Management, LLC (TSM) (defendant) operated golf courses, both called the TimberStone Golf Course, one in Idaho and one in Michigan. In the ensuing lawsuit over the TimberStone trademark, TSM wanted to introduce two types of evidence about confused golfers calling the wrong golf course to show consumer confusion. First, TSM wanted its employees to testify about receiving confused calls. Second, TSM wanted one of its owners to testify about reports she obtained from those employees. Idaho objected to the testimony as inadmissible hearsay and inherently unreliable because it could not cross-examine the callers. TSM countered that the evidence was not hearsay because it was offered to show only state of mind, not the truth of the matter asserted.
Rule of Law
Holding and Reasoning (Winmill, C.J.)
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