Delhi High Court appoints arbitrator in digital advertising dispute

In a recent development highlighting the complexities of intellectual property rights in India's digital advertising landscape, the Delhi High Court has appointed an arbitrator to resolve a dispute between Creativeland Advertising Private Limited and WinZo Games Private Limited.

The case, heard on February 24, of this year centers around a tagline "Jeeto Har Dinzo" developed by Creativeland for WinZo Games' brand campaign. Creativeland alleges that WinZo applied for trademark registration of the tagline before finalizing an agreement, potentially misusing confidential information protected under a Non-Disclosure Agreement signed on October 11, 2024.

Justice Subramonium Prasad appointed Justice Manmohan Singh, a former Delhi High Court judge, as the arbitrator to adjudicate the disputes, including trademark and copyright infringement concerns. Given the urgency due to the upcoming IPL 2025 advertising campaign, the arbitrator has been requested to decide on the matter within five days.

The dispute underscores the growing importance of protecting intellectual property in India's rapidly evolving digital advertising sector. It highlights the need for clear agreements and ethical practices, especially as brand and agencies collaborate on high-stakes campaigns for major events like the IPL.

This case could serve as a reminder for advertising agencies and their clients to establish robust legal frameworks to protect their creative work and maintain fair competition in the industry. As digital advertising continues to grow, such disputes may become more common, emphasizing the need for clearer guidelines and regulations in the sector.