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Quia Timet Action

Principles of Natural Justice & Equity

Definition

"Because he fears." An equitable action or application for an injunction instituted to prevent an anticipated or threatened injury, infringement, or civil wrong before it has actually occurred.

Example

In Kaviraj Pandit Durga Dutt Sharma v. Navaratna Pharmaceutical Laboratories, the Supreme Court recognized that a trademark owner can file a quia timet suit to restrain a rival from launching a confusingly similar medical brand before the infringing goods hit the open market.