Browsing: Quia Timet Action

This judgment settles that in trademark disputes involving registered marks, no statutory infringement action lies against another registered proprietor under Section 28(3) of the Trade Marks Act, 1999, but passing off remains actionable under common law via Section 27(2), provided the plaintiff proves prior goodwill predating the defendant’s use, misrepresentation, and damage.

E. R. Squibb and Sons, LLC & Ors. Vs. Zydus Lifesciences Limited – Delhi High Court Judgment Analysis Intersection of…