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Longstanding concerns over idea theft have reemerged with fresh urgency as industry insiders warn that the creative ecosystem may be under serious strain. This week, Amer Jaleel, the former group chief creative officer and chairman of MullenLowe Lintas, publicly accused tea brand Wagh Bakri and advertising agency FCB of appropriating an idea developed by his marketing venture, Curativity. In a widely circulated LinkedIn post, Jaleel alleged that a pitch Curativity made to Wagh Bakri, at the behest of a former client now employed by the tea company, was later executed by another agency without credit or compensation.
According to Jaleel, Curativity presented the tagline “Aisi Chai Jo Zubaan Pe Reh Jaaye” along with strategic guidance to emphasize tea masters over garden imagery. Weeks later, he said, a strikingly similar campaign surfaced, helmed by FCB.
The response was swift. Jaleel’s post drew a flurry of supportive comments from creatives who recounted similar experiences, reigniting a long-simmering debate within Indian advertising. Who owns the pitch?
“Credit theft is as old as advertising itself,” said Sandeep Goyal, managing director of Rediffusion. The difference now is how openly and frequently it occurs. Many clients assume agencies can be bullied or intimidated, said Goyal. And too often, agencies don’t fight back for fear of losing future business. He added, "The agency always hopes some driblets of business will still come its way if they don't pick a fight. However, it is an erroneous assumption but most agencies would rather not fight."
Yash Kulshresth, co-founder and chief creative officer, atom network believes that the lack of real consequences has contributed to its continued existence. He added, "The other issue is that the system often rewards the finished product, and not the process. And, the ones who speak up usually don’t hold the power more than the brand."
Kulshresth further explained, "Since we’re all working with impossible deadlines, some people compromise for speed. The chase to win can make people cut corners. Ideas float across agencies, through decks, pitches, moodboards without a paper trail or protection."
This latest accusation of idea-theft follows a recent lawsuit filed by Creativeland Asia against online gaming company WinZO. The agency alleges that before any formal agreement was in place, WinZO moved to trademark a tagline - “Jeeto Har Dinzo”, based on concepts developed during their pitch.
The issue, insiders say, is both systemic and cultural. Goyal recounted a personal experience from his tenure as chairman of Dentsu. After launching the successful “Sir Utha Ke Jiyo” campaign for HDFC Life, Dentsu was removed from the account within months by a new marketing head. The campaign continued, under another agency.
“That line has been used for 20 years,” Goyal said, adding that Leo Burnett has been celebrated for it. Meanwhile, Dentsu perhaps saw two percent of its value. This is the kind of long-term loss that agencies often face, he pointed, stating, "There are many shades to how agencies can get shortchanged."
Kulshresth concured with Jaleel's take on the recent Wagh Bakri incident. He said, "We have been in situations where we were offered scripts of other agencies to produce. I’ve heard stories of juniors whose ideas were repackaged, but with no credit. And most of this never sees the light of day, because no one wants to be the whistleblower or be at the center of a controversy."
Ramesh Narayan, founder, Canco Advertising narrated a fact to Storyboard18. Many years ago, the Advertising Agencies Association of India (AAAI) had proposed a pitch fee. It was stated that, if clients wanted agencies to come and present their ideas, a nominal fee was required to be paid. This would also limit the size or the number of agencies that were invited to come. However, as per Narayan, "Agencies shot themselves in the foot and were not willing to support the association’s ideas then. I am sure nothing has changed."
atom network's co-founder also touched upon the fact that in the digital age, the issue has further grown. Earlier, with print or TV, ideas had a shelf life and a clear origin. Now, anything online is instantly visible, shareable, and stealable. "A visual from Mumbai can be replicated in São Paulo before the day ends. And platforms like Pinterest and Behance, while great, also make it easy to blur the line between inspiration and imitation," he added.
To protect themselves, some are calling for a new code of conduct. Rahul Vengalil, CEO and co-founder of tgthr, argues that agencies should charge pitch fees up front and insist on robust, mutual non-disclosure agreements.
“It’s about signaling seriousness on both sides,” Vengalil said. “Agencies must begin to assert the value of their ideas, not just their execution.”
As the advertising world waits to hear from Wagh Bakri on the recent allegations, one thing is clear: the issue of intellectual property and attribution in pitches has grown too pressing to ignore.