Judge Stearns granted Starkist 2019s motion to amend its answer to introduce an additional counterclaim of fraud on the Trademark Office. He found the proposed counterclaim, which alleged that Purse Seine had declared to the PTO that it was using the 201cBela 201d mark for fish pate and fish paste when it knew this to be false, properly alleged facts which, accepted as true, stated a viable claim that met the 201cgood cause 201d standard for amending after the date when such amendments can only be made for good cause. He further determined the motion to be timely, in that Starkist had learned of the relevant facts during discovery and filed within a month of so learning. The discovery schedule was amended to permit fact and expert discovery on the counterclaim.
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