WinZO vs Creativeland, Delhi HC upholds Arbitrator’s Ruling, orders ₹50 Lakh bank guarantee

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A legal dispute between WinZO Games Private Limited and Creativeland Advertising Private Limited has reached a significant milestone, with the Delhi High Court addressing allegations of intellectual property misuse and breach of confidentiality obligations. The court has upheld an earlier arbitration order and directed WinZO Games to furnish a bank guarantee of ₹50 lakh.

As first reported by Storyboard18, the conflict centers around the tagline “Jeeto Har DinZo,” which Creativeland Advertising claims to have developed exclusively for WinZO Games. The dispute began after WinZO allegedly used the tagline despite prior discussions and an executed Non-Disclosure Agreement (NDA).

In the previous hearing, Creativeland Advertising sued WinZO Games in the Delhi High Court, alleging misuse of the tagline “Jeeto Har DinZo” despite an NDA. The court appointed an arbitrator, emphasizing a swift resolution due to WinZO’s upcoming IPL 2025 campaign.

According to court records, WinZO engaged Creativeland Advertising in October 2024 for a brand campaign. An NDA was signed on November 8, 2024. Between December 2024 and January 2025, Creativeland Advertising presented multiple pitch decks, including the tagline in question. WinZO showed interest in the tagline but later terminated discussions in February 2025, choosing a different creative agency instead. The company offered ₹10 lakh as compensation for the tagline, which Creativeland Advertising rejected, opting for arbitration instead.

The matter was presented before a Sole Arbitrator, who was tasked with determining whether WinZO Games had violated confidentiality obligations under the NDA. The arbitrator found that while an NDA was in place, no formal contract governed the creative engagement beyond preliminary proposals and negotiations. The ruling stated that the NDA alone did not grant exclusive ownership of the tagline to Creativeland Advertising, nor did it prohibit WinZO from developing similar brand elements independently.

Since the dispute primarily revolved around financial compensation rather than direct intellectual property infringement, the arbitrator ruled that monetary damages could be awarded if Creativeland Advertising demonstrated financial harm. The arbitrator denied the request for an injunction against WinZO Games, stating that the originality of the tagline was a disputed question requiring a full trial. However, as a protective measure, WinZO was ordered to furnish a bank guarantee of ₹50 lakh.

Creativeland Advertising challenged the ruling under Section 37(2)(b) of the Arbitration and Conciliation Act, arguing that the tagline constituted confidential information and that unauthorized use would cause irreparable harm. However, the Delhi High Court upheld the arbitrator’s decision, ruling that the arbitration order was based on a plausible interpretation of the facts and contractual obligations.

The High Court emphasized that the NDA permitted both parties to develop concepts independently and that WinZO’s actions did not amount to an evident breach. Since monetary compensation was deemed sufficient, Creativeland Advertising’s demand for injunctive relief was dismissed. The court also pointed out that Creativeland Advertising could contest the trademark registration of “Jeeto Har DinZo” by filing an application with the trademark authorities.

WinZO’s appeal against the arbitrator’s order is scheduled for a hearing on April 14, keeping the legal battle ongoing. The case highlights critical issues regarding intellectual property, contractual obligations, and the enforceability of NDAs in India’s competitive advertising industry.

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