Exemplary damages of Rs. 10,00,000 imposed for deceptive use of trademarks and content copying from U.S. Green Building Council's website.
In a landmark judgment, the Delhi High Court has granted a permanent injunction against Deming Certification Services Pvt Ltd for infringing upon the trademarks and copyrights of the U.S. Green Building Council (USGBC). The court, presided over by Justice Tejas Karia, found Deming Certification Services guilty of using deceptively similar marks and copying content from the USGBC's website, causing a likelihood of confusion and association with the USGBC.
The lawsuit was initiated by USGBC, a renowned entity in the green building certification industry, against Deming Certification Services for using marks and content strikingly similar to their own. The court noted that Deming's marks closely imitated the dominant features of USGBC's marks, including stylization and placement of key elements, and that significant portions of content were copied from USGBC's website.
Justice Karia ruled in favor of USGBC, stating that Deming Certification Services failed to file a written statement or reply within the prescribed time, thus allowing the court to pronounce judgment based on the unrebutted averments in the plaintiff's plaint. The court emphasized that Deming's conduct throughout the proceedings was marked by dilatory tactics and a lackadaisical approach, further justifying the judgment against them.
The court awarded exemplary damages of Rs. 10,00,000 to USGBC for the loss suffered due to Deming's infringing activities and directed them to pay actual costs recoverable under the Commercial Courts Act, 2015, and relevant Delhi High Court Rules. USGBC was also directed to file a Bill of Costs for the computation of costs.
The judgment sets a precedent in reinforcing the protection of intellectual property rights, especially in cases involving deceptive similarity and willful infringement. It underscores the court's stance on curbing dilatory tactics and ensuring timely justice.
Bottom Line:
Trade Mark and Copyright infringement - Permanent injunction and exemplary damages awarded against the Defendant for using deceptively similar marks to the Plaintiff's registered trademarks and copying content from the Plaintiff's website.
Statutory provision(s): Trade Marks Act, 1999 Sections 28, 29; Copyright Act, 1957; Civil Procedure Code, 1908 Order VIII Rule 10; Commercial Courts Act, 2015; Delhi High Court (Original Side) Rules, 2018; Delhi High Court Intellectual Property Rights Division Rules, 2022
U.S. Green Building Council v. Deming Certification Services Pvt Ltd, (Delhi) : Law Finder Doc Id # 2827191
