Quick answer: The Supreme Court has directed two commercial suits between The Supreme Industries Ltd. and Supremo India Pvt. Ltd. over the “SUPREME” mark to be heard by the City Civil Court, Ahmedabad. One suit was pending in Indore and the other in Delhi. The Court decided a common forum for the disputes; it did not decide who has the better trademark claim.
The order in M/s The Supreme Industries Ltd. v. M/s Supremo India Pvt. Ltd. is a useful reminder that a transfer order and a decision on infringement are different things. Related claims may be placed before one court while every disputed issue remains open for trial.
Case details: Transfer Petition (Civil) Nos. 3594 of 2025 and 175 of 2026; Supreme Court of India; 28 October 2026; 2026 INSC 1170. Bench: S.V.N. Bhatti and N.V. Anjaria JJ. Read the judgment on the Supreme Court’s official website.
Why were two trademark suits pending in different cities?
The companies had brought claims against each other in separate commercial proceedings. Supremo India’s suit was before the District Judge (Commercial), Indore. It sought, among other reliefs, to restrain use of the mark “SUPREME” and remove the disputed goods from third-party e-commerce platforms.
Supreme Industries had filed a separate suit in the Delhi High Court. Its pleaded reliefs included injunctions concerning alleged trademark and copyright infringement and passing off, an account of profits, and a declaration that “SUPREME” is a well-known mark under the Trade Marks Act, 1999. Those were requests in a plaint, not findings made by the Supreme Court.
| Proceeding before transfer | Filed by | Where it was pending |
|---|---|---|
| Commercial Suit No. 134 of 2025 | Supremo India | District Judge (Commercial), Indore |
| Commercial Suit No. 1294 of 2025 | Supreme Industries | Delhi High Court |
Each company asked the Supreme Court to move the other side’s case to the city where its own suit was pending. Both sides nevertheless agreed on one practical point: the related suits should be heard by a single court.
What did the Supreme Court order?
The Court exercised its transfer jurisdiction and chose the City Civil Court, Ahmedabad as the common forum. It ordered the Indore and Delhi courts to send their respective plaints there expeditiously. The parties were directed to appear before the Ahmedabad court on 26 November 2026.
The transfer petitions and pending applications were disposed of. The judgment did not award an injunction, damages, ownership of the mark, or a well-known-mark declaration to either side.
Did the Court decide trademark infringement?
No. The judgment expressly left the merits of the commercial disputes untouched. The two suits contain competing claims, but this order resolves where they will proceed, not whether either company infringed the other’s rights.
That distinction matters when reporting a trademark case. A request for an injunction is not an injunction granted; a pleaded claim to a well-known mark is not a declaration that the mark has achieved that status. The trial court will consider the claims and defences in the transferred proceedings.
Why does a common forum matter?
The parties’ suits concern the same dispute and seek relief against each other in relation to the “SUPREME” mark. Hearing both before one court gives that court the complete picture of the rival claims and avoids parallel trials in Indore and Delhi. The Supreme Court did not say that Ahmedabad was preferable because either party’s trademark case was stronger.
The order is therefore primarily about case management and forum, rather than a new substantive rule on trademark infringement. Students should distinguish the procedural outcome from any eventual determination of the mark, passing off, copyright or monetary relief.
Key takeaways
- Two related “SUPREME” mark suits, previously pending in Indore and Delhi, will proceed before the City Civil Court, Ahmedabad.
- Both parties accepted that the disputes should be tried in one court, although each had preferred its own city.
- The originating courts must transfer the plaints expeditiously; the parties were directed to appear in Ahmedabad on 26 November 2026.
- The Supreme Court expressed no view on infringement, ownership, passing off, copyright, damages or well-known-mark status.
Frequently asked questions
Which trademark suits were transferred to Ahmedabad?
Commercial Suit No. 134 of 2025 from Indore and Commercial Suit No. 1294 of 2025 from the Delhi High Court were transferred to the City Civil Court, Ahmedabad.
Did the Supreme Court declare “SUPREME” a well-known trademark?
No. Supreme Industries sought that declaration in its Delhi suit, but the Supreme Court’s transfer judgment did not decide the request.
Did either party win an injunction?
Not under this judgment. The Supreme Court decided the forum for the two suits and left their substantive claims to be adjudicated.
Why did the Court choose one forum for both suits?
The matters were related cross-suits between the same parties. Counsel for both sides agreed that they should be tried before one court, leaving the Court to select the venue.
When must the parties appear in Ahmedabad?
The order directs both parties to appear before the City Civil Court, Ahmedabad, on 26 November 2026.
This legal update is based on the Supreme Court’s 28 October 2026 judgment. The official judgment linked above governs its precise terms.
