In a trademark and passing off dispute between competing consulting businesses using similar trade names, the defendants brought a motion to strike portions of the statement of claim and sought particulars.
The plaintiffs also sought an adjournment of their injunction motion and leave to amend their pleading.
The court held that several paragraphs of the statement of claim failed to plead material facts necessary to support claims for passing off and unlawful interference with economic interests, and improperly asserted trademark infringement despite the mark being unregistered.
Multiple paragraphs were struck, and certain pleadings were ordered corrected or clarified.
The court refused to permit the plaintiffs to withdraw admissions made in an affidavit but granted limited leave to amend the statement of claim provided the amendments were not inconsistent with those admissions.
