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Evidence Keyed to Park
Idaho Gold Partners, Inc. v. TimberStone Management, LLC
Citation:
2016 WL 4974944 (2016)Facts
Idaho Gold Partners, Inc (IGPI) operatese the TimberStone Golf Course in Caldwell, Idaho. TimberStone Management, LLC (TSM) operates the TimberStone Golf Course in Iron Mountain, Michigan. IGPI sued TSM, allleging a claim for tortious interference with prospective economic advantage, seeking a declaratory judgment that TSM does not own an exclusive right to the TIMBERSTONE mark, and seeking to enjoin TSM from interfering with its use of the mark. Plaintiff seeks to preclude defendant from introducing evidence referring to telephone calls from anonymous callers to TimberStone Golf Course to show consumer confusion. Plaintiff argues that such evidence of confused golfers, offered through the testimony of TimberStone employees, is admissible hearsay and inherently unreliable, given plaintiff’s inability to cross-examine the callers.
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