Case at a Glance
Two companies sued each other over the mark ‘SUPREME’ — Supremo India in the Commercial Court at Indore, and The Supreme Industries in the Delhi High Court, where it also sought a declaration that ‘SUPREME’ is a well-known mark. Each filed a transfer petition asking the Supreme Court to move the other’s suit to its own chosen forum. With both sides agreeing that the suits should be tried by one court and leaving the choice to the Court, the Supreme Court transferred both suits to the City Civil Court, Ahmedabad, without expressing any view on the merits.
Supremo India Pvt. Ltd. filed CS (Comm) No. 134 of 2025 before the District Judge (Commercial), Indore against The Supreme Industries Ltd., seeking a permanent injunction against use of the mark ‘SUPREME’, restraints on disposal of assets and disclosure of assets, removal of goods from e-commerce platforms, and damages of Rs 15,00,000. The Supreme Industries, for its part, filed CS (Comm) No. 1294 of 2025 in the Delhi High Court against Supremo India and another, seeking injunctions for trademark infringement, passing off, copyright infringement in the ‘SUPREME’ label and logo and dilution, along with rendition of accounts, delivery-up of infringing goods, damages of Rs 2,00,01,000 and a declaration that ‘SUPREME’ is a well-known mark under Section 2(1)(zg) of the Trade Marks Act, 1999.
The Supreme Industries filed Transfer Petition (Civil) No. 3594 of 2025 to move the Indore suit to a competent court in New Delhi. Supremo India filed Transfer Petition (Civil) No. 175 of 2026 to move the Delhi suit to the Commercial Court at Indore or another competent court there. Senior counsel Neeraj Kishan Kaul and counsel S. Janani appeared for the parties.
The Key Question Before the Court
Where two parties file cross-suits over the same trademark in different States and each seeks transfer of the other’s suit to its own forum, where should the suits be tried?
One Dispute, One Court — Chosen by the Supreme Court
Writing for the Bench, Justice S.V.N. Bhatti recorded that the transfer petitions were between the same parties and could be disposed of by a common order. Each side wanted the other’s suit moved to the forum where its own client had sued, and each opposed the forum chosen by the other, while suggesting alternative venues. Crucially, both sides agreed that the two suits should be tried together before a single court, and counsel left it to the Court to select that forum.
On that basis, the Court transferred both suits to the City Civil Court, Ahmedabad — a forum that was neither party’s chosen venue. It was careful to note: “We do not refer to some of the contentions canvassed at the Bar and do not express a view on the merits of the matter.” The questions of infringement, passing off and whether ‘SUPREME’ is a well-known mark therefore remain open for trial.
What the Court Actually Held
- CS (Comm) No. 134 of 2025 pending at Indore and CS (Comm) No. 1294 of 2025 pending in the Delhi High Court were transferred to the City Civil Court, Ahmedabad.
- The courts where the suits were filed are to transmit the plaints to the City Civil Court, Ahmedabad expeditiously.
- The parties were directed to appear before the City Civil Court, Ahmedabad on 26 November 2026.
- The Court expressed no view on the merits; both transfer petitions were disposed of.
Why This Judgment Matters
- It shows how the Supreme Court resolves forum battles in cross-filed IP suits — by consolidating them before one court.
- Choosing a neutral forum avoids giving either side a home-court advantage.
- It is a reminder that parties’ consent to a single forum can shape the outcome of transfer petitions.
What Should Advocates Take Away From the Judgment?
For Businesses
- If a rival sues you elsewhere over the same mark, a transfer petition can bring both suits before one court.
- Be prepared for the dispute to land in a neutral forum, not necessarily your preferred city.
- Merits questions such as infringement or well-known status are not decided at the transfer stage.
For Counsel
- Consider conceding that cross-suits should be tried together; it simplifies the transfer question.
- Address convenience and neutrality, since the Court may choose a third forum.
- Ensure prompt transmission of plaints and appearance on the date fixed by the Court.
Key Takeaways
- Both ‘SUPREME’ trademark suits go to the City Civil Court, Ahmedabad.
- Parties agreed the suits should be tried by one court.
- No view was expressed on the merits.
- Parties to appear on 26 November 2026.
Frequently Asked Questions
Why were the suits sent to Ahmedabad?
Both sides agreed that the suits should be tried together before one court and left the choice of forum to the Supreme Court, which chose the City Civil Court, Ahmedabad.
Did the Supreme Court decide whether ‘SUPREME’ is a well-known mark?
No. The Court expressly said it was not expressing a view on the merits; that question, raised in the Delhi suit, remains for trial.
What happens to the suits already filed?
The Indore court and the Delhi High Court are to transmit the plaints to the City Civil Court, Ahmedabad, and the parties must appear there on 26 November 2026.
Conclusion
Supreme Industries v. Supremo India, (2026) 10 SC CK 4146 is a procedural order with practical value for trademark litigants. Faced with rival suits in Indore and Delhi, the Supreme Court consolidated the dispute in a neutral forum, leaving every question on the merits open.
Practical takeaway: In cross-filed trademark disputes, expect the Supreme Court to favour a single forum — and possibly a neutral one — when transfer is sought.
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