The legal tug-of-war between online gaming platform WinZO Games and creative agency Creativeland Advertising has taken a fresh turn. The Delhi High Court, intervening in an ongoing arbitration, has ordered WinZO to deposit ₹30 lakh within three weeks, adding a new layer of financial obligation to the intellectual property dispute. What prompted this directive, and what does it signify for the future of this contentious battle?
At the heart of this legal wrangle lies the tagline “Jeeto Har DinZo.” Creativeland Advertising claims that this catchy phrase was exclusively developed for WinZO Games during initial discussions for a brand campaign.
According to court documents, WinZO approached Creativeland in October 2024 to conceptualize a brand campaign, leading to the signing of a Non-Disclosure Agreement (NDA) on November 8, 2024. Between December 2024 and January 2025, Creativeland presented various campaign ideas, including the now-disputed tagline, through multiple pitch decks.
Creativeland alleges that in January 2025, WinZO expressed keen interest in the tagline and sought further guidance on its strategic positioning. However, in February 2025, the gaming platform abruptly terminated discussions and opted to collaborate with a different creative team, offering Creativeland a sum of ₹10 lakh as compensation for the tagline.
This unexpected turn of events led Creativeland Advertising to initiate arbitration proceedings, seeking an injunction to prevent WinZO Games from utilizing the tagline without proper authorization.
While Creativeland initially sought a restraining order against WinZO’s use of the tagline, the Sole Arbitrator, appointed to the case, denied this request. The Arbitrator reasoned that since there was no formal agreement beyond the NDA explicitly granting ownership of the tagline to Creativeland, an immediate injunction was not warranted.
Instead, the Arbitrator suggested that monetary compensation could be an adequate remedy if Creativeland could prove financial hardship due to the tagline’s alleged unauthorized use. To safeguard Creativeland’s interests, the Arbitrator directed WinZO Games to furnish a bank guarantee of ₹50 lakh.
The recent order by Justice Jyoti Singh of the Delhi High Court modifies this earlier arbitral directive. With the consent of both parties, the court has reduced the amount to ₹30 lakh. WinZO now has three weeks to either provide a bank guarantee of this amount in favor of Creativeland Advertising or deposit the sum directly with the Arbitral Tribunal, which will then invest it in an interest-bearing fixed deposit. This modification indicates a middle ground, providing Creativeland with a degree of financial security while the arbitration proceedings continue to unfold.
This order from the Delhi High Court underscores the complexities of intellectual property disputes in the advertising and digital space. While WinZO isn’t currently barred from using the tagline, the deposited amount serves as a tangible assurance for Creativeland should the final arbitration ruling go in their favor.
The core issue of whether the tagline was indeed Creativeland’s exclusive intellectual property and whether WinZO’s actions constitute a breach of confidentiality or unauthorized use remains to be decided by the Arbitral Tribunal.
This case serves as a crucial reminder for agencies and clients alike to establish clear contractual agreements regarding intellectual property rights from the outset of any collaboration. The next steps in this legal battle will be closely watched by the advertising and gaming industries, as they navigate the often-murky waters of creative ownership in the digital age.
Summary:
- The Delhi High Court has ordered WinZO Games to deposit ₹30 lakh within three weeks in an ongoing IP dispute with Creativeland Advertising over the tagline “Jeeto Har DinZo.”
- Creativeland claims WinZO is misusing its intellectual property after initial campaign discussions and a signed NDA.
- The court’s order modifies an earlier arbitral directive for a ₹50 lakh bank guarantee, providing financial security to Creativeland while arbitration continues.
- The core dispute revolves around the ownership and authorized use of the tagline.