Legal Provisions Involved: Trade Marks Act, 1999; Copyright Act, 1957; Commercial Courts Act, 2015; Order VIII Rule 10 of the Code of Civil Procedure, 1908.

Judgement By: Delhi High Court

Judge/Bench:  Justice Tejas Karia

Facts

The U.S. Green Building Council (USGBC) provides green building certification services and owns registered trademarks using the name “USGBC.” It also holds copyright over the content on its official website. Deming Certification Services Pvt. Ltd. was offering similar services using the names “International Green Building Council” and “IGBC” and had copied large portions of USGBC’s website content. Although the court had restrained the defendant from using the marks, the defendant failed to file a proper written statement within the time allowed under law.

Key Legal Provisions

Trade Marks Act, 1999; Copyright Act, 1957; Commercial Courts Act, 2015; Order VIII Rule 10 of the Code of Civil Procedure, 1908.

Issues Raised

Whether the defendant had infringed USGBC’s trademarks and copyright, and whether damages should be awarded for such conduct.

Arguments of the Case

USGBC argued that the defendant copied its brand identity and content to mislead consumers. The defendant did not properly contest these claims.

Judgement

The Court held that the defendant had clearly infringed USGBC’s trademarks and copyright. It passed a permanent injunction and ordered the defendant to pay ₹10 lakh as damages for misuse of the plaintiff’s reputation and delaying the proceedings. The suit was allowed.

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