![Cross Trademark Suits Over 'SUPREME' Mark Transferred to Ahmedabad City Civil Court: Supreme Court in Supreme Industries v. Supremo India [2026 INSC 1170]](/assets/images/article-criminal.svg)
Quick Answer: Two companies had sued each other over the mark 'SUPREME', one in the Commercial Court at Indore and the other in the Delhi High Court, and each wanted the other's suit moved to its own forum. The Supreme Court noted that both sides agreed the suits should be tried by one court, and it transferred both to a neutral forum, the City Civil Court, Ahmedabad. It expressed no view on the merits, and the parties are to appear there on 26.11.2026.
In M/s The Supreme Industries Limited v. M/s Supremo India Private Limited (2026 INSC 1170), the Supreme Court disposed of cross transfer petitions in a trademark dispute over the mark 'SUPREME'. It recorded that counsel agreed both suits should be tried before one court but opposed each other's chosen forum (para 6). Exercising its jurisdiction and discretion, a Bench of Justice S.V.N. Bhatti and Justice N.V. Anjaria transferred CS (Comm) No. 134 of 2025 (District Judge (Commercial), Indore) and CS (Comm) No. 1294 of 2025 (High Court of Delhi) to the City Civil Court, Ahmedabad, without expressing any view on the merits (para 6).
Status: Both Transfer Petitions disposed of; both commercial suits transferred to the City Civil Court, Ahmedabad; parties to appear on 26.11.2026; pending applications disposed of (paras 6–8).
Headnote: Transfer of Cross Trademark Suits
Transfer Petition (Civil) – Cross commercial suits between the same parties – Trade Marks Act, 1999 – Infringement, passing off and well-known mark declaration (Section 2(1)(zg)) – Suits pending at Indore and Delhi – Consensus that both suits be tried by one court – Transfer to a neutral forum – City Civil Court, Ahmedabad – No view on merits.
Held: (i) The two Transfer Petitions were between the same parties and were disposed of by a common order (para 1).
(ii) Both suits centre on trademark infringement over the mark 'SUPREME'; in effect, they are cross-suits seeking restraint of the other side (paras 3, 5–6).
(iii) Each side wanted the other's suit transferred to its own chosen place, but counsel were ad idem that both matters should be tried before one court and left the choice of court to the Supreme Court (para 6).
(iv) Exercising its jurisdiction and discretion, the Court transferred both suits to the City Civil Court, Ahmedabad, a forum where neither suit had been filed (para 6).
(v) The Court did not refer to some of the contentions argued and expressed no view on the merits (para 6).
(vi) The courts where the suits were instituted must transfer the plaints expeditiously, and the parties must appear at Ahmedabad on 26.11.2026 (para 6).
(paras 1–8)
Case Details: Supreme Industries v. Supremo India (2026 INSC 1170)
Final Outcome: Transfer Petitions disposed of; CS (Comm) No. 134 of 2025 (Indore) and CS (Comm) No. 1294 of 2025 (Delhi High Court) transferred to the City Civil Court, Ahmedabad.
Case: M/s The Supreme Industries Limited v. M/s Supremo India Private Limited
Neutral Citation: 2026 INSC 1170
Case No.: Transfer Petition (Civil) No. 3594 of 2025, with Transfer Petition (Civil) No. 175 of 2026
Court: Supreme Court of India (Civil Original Jurisdiction) – Non-Reportable
Date of Decision: 28 October 2026
Bench: Justice S.V.N. Bhatti (author) and Justice N.V. Anjaria
Relevant Acts & Sections: Trade Marks Act, 1999 – Section 2(1)(zg) (well-known trade mark, as prayed in the Delhi suit); transfer jurisdiction of the Supreme Court (no specific provision is named in the order)
Suits Transferred: CS (Comm) No. 134 of 2025, M/s Supremo India Private Limited v. M/s The Supreme Industries Limited, before the District Judge (Commercial), Indore; CS (Comm) No. 1294 of 2025, Supreme Industries Limited v. Supremo India Private Limited and Anr., before the High Court of Delhi (paras 2–5)
Counsel: Mr. Neeraj Kishan Kaul and Ms. S. Janani, Senior Counsel, for the parties (para 1)
Source: Supreme Court of India (official website)
Key Holdings of the Supreme Court
- Cross transfer petitions between the same parties were decided together by one order (para 1).
- Where cross-suits over the same trademark dispute are pending in two places, and both sides agree they should be tried by one court, the Supreme Court can choose that court (para 6).
- When each side opposes the other's forum, the Court may send both suits to a third, neutral forum, here the City Civil Court, Ahmedabad (para 6).
- The transfer was made without referring to some contentions and without any view on the merits of the trademark dispute (para 6).
- The originating courts must transfer the plaints expeditiously, and the parties must appear at Ahmedabad on 26.11.2026 (para 6).
Brief Facts of the Case
M/s Supremo India Private Limited filed CS (Comm) No. 134 of 2025 against M/s The Supreme Industries Limited before the District Judge (Commercial), Indore. It sought a permanent injunction against use of the impugned trademark 'SUPREME', restraint on dealing with assets and disclosure of assets, removal of the impugned goods from e-commerce platforms, and damages of Rs. 15,00,000 (para 3).
M/s The Supreme Industries Limited filed CS (Comm) No. 1294 of 2025 against Supremo India Private Limited and another before the High Court of Delhi. It sought injunctions against infringement, passing off, copyright infringement in the 'SUPREME' label/logo, and dilution; rendition of accounts; delivery and destruction of infringing products; damages of Rs. 2,00,01,000; and a declaration of 'SUPREME' as a well-known mark under Section 2(1)(zg) of the Trade Marks Act, 1999 (para 5).
By Transfer Petition (Civil) No. 3594 of 2025, Supreme Industries sought transfer of the Indore suit to a competent court at New Delhi (para 2). By Transfer Petition (Civil) No. 175 of 2026, Supremo India sought transfer of the Delhi suit to the Commercial Court at Indore or any other competent court in Indore (para 4).
Issues Before the Supreme Court
- Whether the Indore suit should be transferred to New Delhi, as sought by Supreme Industries (para 2).
- Whether the Delhi suit should be transferred to Indore, as sought by Supremo India (para 4).
- Which single court should try both cross-suits, given that counsel agreed on one forum but opposed each other's choice (para 6).
Court's Findings and Reasoning
Nature of the dispute (para 6): The Court found that the dispute centres on trademark infringement and that the commercial suits are, in effect, cross-suits each seeking to restrain the other side from breaching its trademark.
Positions of the parties (para 6): Senior Counsel for each party insisted that the other matter be transferred to the place where their own client had filed suit. Though they suggested a few alternative places, each opposed the forum chosen by the other side.
Agreement on a single court (para 6): Counsel were at least ad idem that both matters be tried before one court, and they allowed the Court to transfer both matters to one particular court.
Neutral forum chosen (para 6): Exercising its jurisdiction and discretion, the Court transferred both suits to the City Civil Court, Ahmedabad, expressly declining to refer to some of the contentions or to express any view on the merits.
Final Outcome and Directions
- CS (Comm) No. 134 of 2025 pending before the District Judge (Commercial), Indore, and CS (Comm) No. 1294 of 2025 pending before the High Court of Delhi transferred to the City Civil Court, Ahmedabad (para 6).
- The courts where the suits were instituted to transfer the respective plaints to the City Civil Court, Ahmedabad, expeditiously (para 6).
- Parties directed to appear before the City Civil Court, Ahmedabad, on 26.11.2026 (para 6).
- Transfer Petitions ordered accordingly; pending applications, if any, disposed of (paras 7–8).
Legal Principle Laid Down
When cross commercial suits between the same parties over the same trademark dispute are pending in different courts, and the parties agree that they should be tried together but each objects to the other's forum, the Supreme Court may, in its discretion, transfer both suits to a neutral court so that they are tried by one court, without expressing any view on the merits (para 6).
Precedents Relied Upon
- No precedent is cited in the order.
Important Paragraphs of the Judgment
Verbatim extracts from the judgment. For the full text, refer to the judgment PDF below.
Para 1: "The Transfer Petitions are between the same parties and are therefore disposed of by this Order."
Para 6: "The dispute between the parties centres on trademark infringement, etc."
Para 6: "The Counsel are at least in ad idem that both matters be tried before one Court."
Para 6: "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."
Para 6: "The parties are directed to appear before the City Civil Court, Ahmedabad on 26.11.2026."
Practical Impact of the Ruling
- For trademark litigants: Filing a rival suit in a preferred forum does not guarantee trial there; where both suits must be heard together, the Court may choose a neutral forum (para 6).
- For counsel: Agreeing that one court should hear both suits can leave the choice of court to the Supreme Court's discretion (para 6).
- For the transferee court: The merits remain fully open, as the Supreme Court expressed no view on them (para 6).
- For the parties: The next date is fixed; they must appear before the City Civil Court, Ahmedabad, on 26.11.2026 (para 6).
FAQs on Transfer of Cross Trademark Suits
1. What did the Supreme Court decide in Supreme Industries v. Supremo India?
It transferred the 'SUPREME' trademark suits pending at Indore and in the Delhi High Court to the City Civil Court, Ahmedabad, so that both are tried by one court (para 6).
2. Why was neither Indore nor Delhi chosen?
Each party wanted the other's suit moved to its own forum and opposed the other's choice; both agreed on one court, so the Court chose Ahmedabad in its discretion (para 6).
3. Did the Supreme Court decide who owns the mark 'SUPREME'?
No. The Court expressly did not express any view on the merits of the matter (para 6).
4. What reliefs are claimed in the two suits?
The Indore suit seeks an injunction and damages of Rs. 15,00,000; the Delhi suit seeks injunctions, accounts, damages of Rs. 2,00,01,000 and a well-known mark declaration (paras 3, 5).
5. When must the parties appear before the transferee court?
They must appear before the City Civil Court, Ahmedabad, on 26.11.2026 (para 6).
Keywords: 2026 INSC 1170, Supreme Industries v. Supremo India, transfer petition civil, cross suits transfer, trademark infringement SUPREME, well-known mark Section 2(1)(zg), commercial suit transfer, City Civil Court Ahmedabad, Justice S.V.N. Bhatti, Supreme Court Non-Reportable judgment
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Download Judgment PDF – Supreme Industries v. Supremo India
Source: Supreme Court of India (official website).