Delhi High Court Bars Use Of “IGBC” Name Over Similarity With US Green Building Council Mark

The Delhi High Court has permanently restrained Mumbai-based Deming Certification Services Private Limited from using the marks “International Green Building Council,” “IGBC,” or any deceptively similar to the mark of U. S. Green Building Council (USGBC).

The court held that the use infringed the registered trademarks of the USGBC, a non-profit organisation that promotes sustainability in building design, construction, and operation, and provides green building certification services. It also amounted to copyright infringement and passing off.

It also awarded Rs 10 lakh as exemplary damages and granted costs in favour of USGBC.

In a judgment dated December 24, 2025, a single-judge Bench of Justice Tejas Karia decreed the suit in favour of USGBC and took note of the defendant's conduct during the proceedings.

The court said Deming Certification Services had repeatedly failed to comply with its directions and had adopted delaying tactics, reflecting a “casual approach” that did not merit the court's confidence.

Holding that a clear case of infringement was made out, the court observed,

“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 in the Defendant's Marks, including the shape and overall stylization of the competing Marks in addition to the placement of the oak tree in the center.”

USGBC told the court that it is a globally recognised organisation engaged in promoting sustainable building practices and providing green building certification services. It said it is the registered proprietor of several trademarks, including “USGBC,” and has built substantial goodwill through long-standing use of its marks, certifications, and official website.

According to the record, Deming Certification Services Private Limited was offering green building certification services under the name “International Green Building Council” and the acronym “IGBC.”

It also used a circular logo that closely resembled USGBC's mark. The court noted that substantial portions of content on Deming's website had been copied verbatim from the USGBC website.

The court recorded that interim orders had earlier restrained the use of the disputed marks. It also noted that Deming had given an undertaking stating that it had shut down the infringing website and stopped using the disputed names. Despite this, the court said the company's overall conduct showed a deliberate attempt to adopt marks intended to ride on USGBC's reputation and goodwill.

After examining the material on record, the Court held that USGBC is the registered proprietor of the marks, which have acquired significant goodwill and reputation. It found that the disputed marks were deceptively similar in name and visual appearance and were likely to mislead consumers.

“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 or associating it with the Plaintiff,” the court said.

The court further held that copying website content amounted to copyright infringement and that the overall conduct of the defendant constituted passing off. It observed that the actions were calculated to cause confusion and dilute USGBC's goodwill, making a permanent injunction necessary.

Accordingly, the court permanently restrained Deming Certification Services from using the disputed marks or any other marks deceptively similar to those of USGBC.