The Delhi High Court has decreed a trademark and copyright infringement suit filed by the U.S. Green Building Council and imposed ₹10 lakh as damages on the defendant for adopting deceptively similar marks and copying website content.

The Court was hearing a commercial suit alleging infringement of registered trademarks, copyright infringement, and passing off in relation to green building certification services.

A Bench of Justice Tejas Karia, while allowing the appeal, observed: “The Defendant is directed to pay an amount of ₹10,00,000/- (Rupees Ten Lakh Only) to the Plaintiff towards exemplary damages on account of loss suffered by the Plaintiff, which is quantified taking into consideration the infringing activities of the Defendant because of which the Plaintiff had to file the present Suit including multiple Application for contempt and pronouncement of the Judgement, and the conduct of the Defendant involving willful disobedience of the directions passed by this Court and dilatory tactics adopted by the Defendant throughout these proceedings”.

Advocate Anirudh Bakhru appeared for the plaintiff, while Advocate Piyush Kumar appeared for the defendant.

Background

The plaintiff, U.S. Green Building Council, is engaged in providing green building certification and rating services and is the registered proprietor of several trademarks incorporating the mark “USGBC,” registered in Classes 41 and 42. The plaintiff also owns copyright in the content hosted on its official website.

The defendant, Deming Certification Services Private Limited, was found to be providing similar services under the marks “International Green Building Council” and “IGBC”. The plaintiff alleged that the defendant’s marks were deceptively similar to its registered trademarks and that the defendant had copied substantial portions of content from the plaintiff’s website.

An interim injunction was granted restraining the defendant from using the impugned marks and domain name. Despite service of summons, the defendant failed to file a valid written statement within the statutory period, and the written statement continued to remain under defects without being taken on record.

Court’s Observation

The High Court noted that the defendant failed to file its written statement within the prescribed period of 120 days as mandated under the Commercial Courts Act, 2015, and did not cure the defects despite repeated opportunities.

The Court held that in such circumstances, the averments made in the plaint were deemed to be admitted, and the Court was empowered to pronounce judgment under Order VIII Rule 10 of the Code of Civil Procedure, 1908, provided the plaint and documents were of unimpeachable character.

On examining the plaintiff’s material, the Court found that the defendant’s marks were deceptively similar to the plaintiff’s registered trademarks, particularly in their overall structure, dominant features, and visual presentation. The Court further observed that the defendant had copied substantial portions of content from the plaintiff’s website, thereby infringing the plaintiff’s copyright.

The Court held that the defendant’s conduct indicated an attempt to ride upon the goodwill and reputation of the plaintiff and that there existed a strong likelihood of confusion among consumers availing green building certification services.

The Court also took note of the defendant’s repeated non-compliance with court directions and held that such conduct warranted the imposition of damages in addition to the grant of a permanent injunction.

Conclusion

Allowing the suit, the Delhi High Court granted a permanent injunction restraining the defendant from using the infringing trademarks, abbreviations, or any deceptively similar marks, and from using copyrighted content belonging to the plaintiff.

The Court imposed ₹10,00,000 as damages on the defendant, payable to the plaintiff, and further held that the plaintiff was entitled to costs in accordance with the Commercial Courts Act, 2015.

The suit and all pending applications were disposed of in these terms.

Cause Title: U.S. Green Building Council v. Deming Certification Services Private Limited (Neutral Citation: 2025:DHC:11865)

Appearances

Plaintiff: Anirudh Bakhru, Rahul Chaudhry, Ekta Sarin, Ayush Samaddar and Ishita Maheshwari, Advocates.

Defendant: Piyush Kumar, Advocate

Click here to read/download Judgment

Delhi High CourtJustice Tejas Karia

Muhib Makhdoomi

    Assistant Editor

    Muhib Makhdoomi is an Assistant Editor at Verdictum. A law graduate with a background in media and research, he covers the Supreme Court and key High Courts.