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Quia Timet Injunction

Judicial Orders, Injunctions & Precedents

Definition

"Because he fears." An equitable preventive injunction sought by a plaintiff to restrain an anticipated, threatened, or imminent infringement, nuisance, or breach of contract before any actual damage or violation has occurred.

Example

In Mars Incorporated v. Kumar Krishna Mukherjee, the Delhi High Court granted a quia timet injunction restraining a defendant from manufacturing confectioneries under a trademark identical to "MARS" before the counterfeit products were introduced into the market.