In a dispute over the tagline “Jeeto Har DinZo”, the Delhi High Court has directed Winzo Games to either furnish a bank guarantee of INR 30 lakh in favour of Creativeland Advertising or deposit the said amount with the Arbitral Tribunal for investment in a fixed deposit within three weeks.[1]
This case concerns a commercial engagement between the parties for the development of a brand campaign for Winzo Games. After initial creative discussions, Winzo Games terminated the engagement, stating that it would proceed with another team and that the creative concepts were based on its internal brand strategy and industry insights. Nevertheless, it offered INR 10 lakh as compensation for the tagline.
Creativeland Advertising sought interim relief to restrain Winzo Games from using the tagline and other confidential materials, claiming they were independently developed and shared in confidence under the terms of the NDA. It alleged that Winzo Games’s intended use of the tagline and creative elements without proper authorisation constituted a breach of the contractual obligations, misappropriation of intellectual property, and a violation of the confidentiality terms.
In February, the Arbitrator denied the injunction but directed Winzo Games to furnish a bank guarantee of INR 50 lakh as a preventive measure, noting that several disputed issues existed that needed to be determined at trial, including whether brand development was solely created by one party, the extent of each party’s contribution, and whether the tagline was indeed shared in confidence. The Arbitrator also observed that no formal agreement existed, no separate amount was fixed for the tagline, and since Creativeland Advertising did not allege copyright infringement and only relied on the NDA, it was not entitled to an injunction. Instead, it could seek damages if it suffered hardships.
In March, the Delhi High Court upheld the refusal to grant an injunction, holding that the Arbitrator’s decision was not so erroneous as to shock the conscience of the Court. However, Creativeland Advertising was allowed to contest the tagline’s registration by filing an appropriate application before the trademark authorities.
As for the bank guarantee, the parties later agreed to reduce the amount to INR 30 lakh. The Tribunal’s order was modified accordingly on April 15.
[1] Winzo Games Private Limited v. Creativeland Advertising Private Limited [ARB.A. (COMM.) 15/2025].