Idaho Golf Partners, Inc. v. Timberstone Management, Llc.

2016 WL 4974944 2016)

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Nature of the Case

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Facts

P operates TimberStone Golf Courts in Caldwell Idaho. D operates TimberStone Golf Course in Iron Mountain Michigan. P sued D claiming tortious interference with prospective economic advantage. P seeks a declaratory judgment that D does not own the exclusive right to the TimberStone mark. D made claims against P for trademark infringement, unfair competition, and false designation of original trademark, dilution, and cybersquatting. P argues that testimony of D employees regarding statements by allegedly confused golfers is inadmissible hearsay. D argues that such testimony is not offered for the truth of the matter asserted and falls within the state of mind exception under Rule 803(3). The court was presented with direct testimony from TimberStone employees who interacted with confused customers and the testimony of Ms. Webster, co-owner of TimberStone Golf Course, who obtained reports from TimberStone employees about confused golfers.