Motion to amend a Joint Statement of Issues late in a trademark trial to broaden the asserted trademark claim is dismissed.
During a trademark infringement trial, the Plaintiff sought leave under Rule 75 to amend the Joint Statement of Issues to correct an inadvertent clerical error that listed a trademark with a colour claim instead of one without a colour claim.
The Federal Court dismissed the motion, finding that despite the threshold requirement being met, the timing was improper and the amendment would unfairly broaden the case against the Defendant after the evidentiary phase and cross-examinations had concluded, thereby causing non-compensable prejudice and not serving the interests of justice.
