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Case law

Sakshi Advertising Claims Infringement of Copyrights and Intellectual Property Rights on Jumbo Electronics and Sony ME

Agency went to Dubai court on March 27 after mediation efforts fail

DUBAI, United Arab Emirates – [ME NewsWire]

Dubai based Sakshi Advertising files multi-million dollar suit in Dubai courts against Jumbo Electronics, distributor of Sony products in UAE and Sony ME Incorporation based in Jebel Ali Free Zone for infringing its copyrights and Intellectual Property Rights on given creative’s for Jumbo Sony 3D TV UAE campaign in 2010.

According to details, Jumbo shifted agency in January 2010 to Sakshi Advertising and gave three FIFA-specific campaigns till June 2010 that were launched successfully in the UAE. The campaigns were based on project to project basis under the pretext that the agency agreement / contract is in the process of being signed. All payments were made for the said campaigns and the terms were that Sakshi will handle all the ATL and BTL for Jumbo that was worth approximately AED 3m per campaign. However, the two partners agreed to release advertisements in various local publications through SONY ME’s media agency due to cost effectiveness.

Atul Dhawan, CEO Sakshi Advertising, was asked to create the campaign for the launch of Sony 3D TV in June 2010. However, it was shelved for later use after the agency submitted the ‘Cowboy-themed’ creative’s to the client. The client stated that the ‘Cowboy’ creatives’ were brilliant but will be launched once FIFA is over to keep freshness in the campaign. The client also suggested using preferably an Arab instead of the cowboy to appeal to the local market (For more details, please visit: www.sakshiadvertising.com).

Atul said: “However, the client did not keep their word and the agency agreement foundered due to nepotism and red tapeism in Jumbo. I felt cheated when the cowboy-themed campaign with the mentioned changes was launched not only in the UAE but across the globe without Sakshi’s approval or any compensation for our hard work. However, seeing the advertisement print in UAE publications in 2011, we asked Jumbo for an explanation.
“They informed us that Sony ME independently created this campaign in Europe and Jumbo has no idea about it. As a result we served a notice to them asking for a clarification on the issue. But in return I was threatened of a criminal action against Sakshi and me personally for having malicious intent. The client claimed that the creative’s were the property of Jumbo for which the agency was paid adequately (a campaign that was not even launched by Sakshi).”
After all the mediation efforts fell to deaf ears, the agency took the case to Dubai court, media & for consumers and marketers to see the real face of Sony that has been an ardent advocate of infringement laws on copyrights and IPs.Examine the Sakshi Advertising vs.Jumbo Electronics and SonyME case and answer the following questions:

1. Read Section 1 and 5 of the UAE Copyright Law. According to legal definitions, who is Sakshi Advertising?
2. What kind of work is this case about (Section 1)?

3. What right(s) has/have been compromised in this case? (Section 2&3)

4. Sakshi Advertising proposed their Cowboy-themed creative’s to the client in 2010. When could Jumbo Electronics and Sony ME use it without being charged with infringement of Copyrights and Intellectual Property Rights? (Section 5)

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