In a recent ruling, the Delhi High Court has determined that Jindal Steel's 'steel of India' campaign, rolled out earlier this March, bears striking resemblance to an idea presented by global creative agency Wieden + Kennedy.
As reported first by Best Media Info, the court's decision comes after Wieden + Kennedy's India office filed a complaint against Jindal Steel, accusing the company of unilaterally terminating their contract and using the agency's concept without authorisation.
The court found that Jindal Steel's campaign, prima facie, constitutes an act of stealing Wieden + Kennedy's idea, as both campaigns share similar thematic elements and utilise sequential images and videos accompanied by a comparable soundscape.
Wieden + Kennedy India provided evidence to demonstrate the similarities between the two campaigns, showcasing how Jindal Steel replicated the same set of examples through a sequence of images:
The dispute between the two parties arose after Jindal Steel terminated the contract with Wieden + Kennedy, alleging copyright infringement. However, the court observed that there was no prior indication of grievances from Jindal Steel before the sudden termination of the contract in July 2023.
Additionally, the court noted discrepancies regarding the payment terms outlined in the contract, with Jindal Steel failing to fulfil its financial obligations as per the agreement.
While the court declined to pass judgment on Jindal Steel's campaign launched in March 2024, citing the campaign's already public release, it directed the matter to a court-appointed sole arbitrator. Jindal Steel was instructed to deposit a security of INR 50 lakh with the court, reflecting its commitment to engage in arbitration proceedings in good faith.