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Evidence Keyed to Park
Deere & Company v. FIMCO Inc.
Citation:
260 F.Supp.3d 830 (2017)Facts
Shanks, an intellectual property investigator, conducted a survey investigation for Deere during discovery and wrote a report on his findings. The report related that when he spoke to salespeople and said that he assumed yellow/green farm equipment was made by …, they inevitably said “John Deere.” But his notes – not the report – asserted that several of the salespeople stated that buyers would not confound Deere and FIMCO products. Deere contended that Shanks’ notes of the salespeople’s responses to his unfinished sentence inquiries were admissible, but that his notes of what salespeople told him that customers said was hearsay within hearsay and inadmissible.
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