The Delhi High Court has issued a permanent injunction against a Mumbai-based entity, Deming Certification Services, prohibiting it from using the name International Green Building Council or the acronym IGBC.
Justice Tejas Karia found that the defendant’s branding was deceptively similar to the marks held by the US Green Building Council (USGBC).
Observations:
“A comparison of the Plaintiff’s Marks with the Defendant’s Marks reveals that the dominant features of the Plaintiff’s Marks are closely imitated… including the shape and overall stylization… in addition to the placement of the oak tree in the center.”
The ruling reinforces the principle that green marks must be distinct to maintain trust. The court noted that by mimicking the branding and copying website content verbatim, the firm created a significant risk of misleading the public.
The judgment:
“There exists a strong likelihood that the unwary consumers will be duped into opting for Defendant’s service, believing that it emerges from the Plaintiff.”
Accountability and compliance:
In addition to the permanent ban, the court imposed an exemplary fine of ₹10 lakh on the defendant. Justice Karia highlighted the firm’s casual approach and delaying tactics during the legal proceedings, noting that such conduct did not merit the court’s confidence.
This decision serves as a firm reminder of the judiciary’s commitment to protecting intellectual property in the expanding sustainability sector.
Distinguishing legitimate councils:
A vital takeaway is the distinction between the infringing party and the Indian Green Building Council (IGBC). The latter is a legitimate body under the Confederation of Indian Industry (CII) and was not involved in this litigation. This judgment helps ensure that only authorized and established bodies can offer recognized green certifications in India.
The timeline:
Case Filing (September 2022): The USGBC filed the commercial suit (CS(COMM) 664/2022) against Deming Certification Services.
Interim Order (September 27, 2022): The court initially granted an ex parte interim injunction, instructing the Mumbai firm to cease using the IGBC and International Green Building Council marks immediately.
Continued Infringement (2023–2024): Despite the court order, the defendant allegedly continued using the marks on social media platforms like Instagram, Facebook, and YouTube, leading to further applications for non-compliance.
Final Judgment (December 24, 2025): After three years of litigation—and noting that the defendant failed to file a valid defense (written statement) within the legal 120-day window—the court finally issued the permanent injunction and the ₹10 lakh damages order.
