A federal district court in Florida denied Doxo Inc.’s motion in limine to exclude logs from calls made to Lincare Holdings Inc.’s customer service representatives regarding actual confusion as to trademark ownership. The court held that the statements made by customers to Lincare fell under the state of mind hearsay exception, and the court denied Doxo’s motion to exclude third-party cease and desist letters involving Doxo’s use of marks not at issue.
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