Charter 4 Corp, the plaintiff, claimed to have adopted the ‘Supreme’ mark back in 1994 in the United States and had been using it in India since 2006, gaining popularity among Indian customers. The company boasted over 700 global registrations for the mark ‘Supreme’, and they had also filed applications for their ‘Supreme’ red-box device mark in India.

Charter 4 Corp’s defense relied on its distinctive business model, which involved manufacturing and offering readymade clothing, footwear, and accessories in extremely limited quantities and editions. This scarcity combined with high demand and low supply created enormous notoriety for their brand, they argued. Additionally, they cited the ‘Supreme’ mark’s endorsements by well-known international and Indian celebrities, further solidifying its reputation.

The case involved a suit for permanent injunction filed by Charter 4 Corp, seeking protection for the ‘Supreme’ red-box device mark. In light of the settlement agreement reached between the parties, the defendant agreed not to seek any trademark or copyright registrations for marks similar to ‘Supreme’. The court issued a decree in favor of Charter 4 Corp, acknowledging their trademark rights and common law rights in the ‘SUPREME’ red-box device mark.

Justice Prathiba M. Singh granted the ‘Supreme’ red-box device a ‘well-known’ trademark status based on the extensive usage and reputation it had garnered over the years. The court highlighted that the mark had acquired a secondary meaning due to its widespread recognition. Considering the mark’s 29-year history in the realm of readymade clothing and various supporting factors, the court officially granted it the status of a ‘well-known mark’. The court explicitly stated that the ‘well-known’ recognition would be limited to the ‘SUPREME’ red-box device alone and not the generic word ‘Supreme’, as the latter is a common dictionary word.

The Court’s decision to recognize the ‘Supreme’ red-box device as a ‘well-known’ trademark is a significant step in protecting intellectual property rights in India. This ruling reaffirms the importance of safeguarding unique brand identities and serves as a valuable precedent for future trademark disputes. It also highlights the significance of a strong business model and effective brand endorsements in establishing a mark’s reputation.