market and
advertisement campaign had started. This rendered the causes for
qua-timet action in para-22 of the plaint. The plaintiff has averred
that ... Suppressio veri and Suggestio
falsi". The contention of Plaintiff qua "qua timet" action is
misguiding and misleading, because the Defendants have already
trader by whom the action is
brought or (in a qua timet action) will probably do so."
26. In Star Industrial
injunction of the kind cannot be granted by the court. No qua timet
action is maintainable in suit for copyright infringements
d) The plaintiff
test of possibility/likelihood of confusion would be
valid in a qua timet action and not at the stage of final adjudication of
the suit
Subhash Desai vs Principal Secretary, Governor Of ... on 11 May, 2023
Bench: Pamidighantam Sri Narasimha
plaintiff is justified in
submitting the action, which is
based upon qua-timet action. In
absence of specific plea which
obviously could not have been ... evidence
produced on record, indicate that
their existence based for genuine
apprehension qua the infringement
and passing off in Ahmedabad.
Therefore, the Court is unable
Amar Marutirao Naikwade And Others vs The State Of Maharashtra And Others on 31 October
test of possibility/likelihood of
confusion would be valid in a qua timet action and not at the
stage of final adjudication of the suit
granted to the petitioners.
4. It is true that qua timet actions are a recognized category of legal remedies even under Article
cause of auction for
the petitioner to approach the Court. A qua timet action to secure an
order of injunction is known
