Advertising campaign of Vivo V17 Pro featuring Bollywood actor Aamir Khan recently got caught in a controversy. The Bombay High Court has ruled that the concerned advertisement is very similar to the contents of a proposal sent by Ogilvy & Mather (O&M) advertisement agency Brand David for that very product, during a pitch presentation.
In an order passed, Justice BP Colabawalla has directed Vivo Mobile India to either deposit Rs 1 crore or furnish a bank guarantee from a "reputed bank" within a week to continue airing of the advertisement.
The court, while making prima facie observations against the advertisement, refused to stop it from being aired simply keeping in mind the "balance of convenience", which means Vivo India had spent considerable amount of money in creating the ad and then buy the commercial spots for airing it and the passage of time since the ad was released.
Though Vivo disputed it, the amount of Rs 1 crore was based on O&M's lawyers' submissions that they would have earned Rs 1.50 crore had Vivo given them the contract for the ad.
Dentsu Impact is the agency that has created this advertisement for Vivo. As a respondent, Dentsu Impact claims to have created this advertisement independently and refused to have had anything to do with Ogilvy's idea proposed to Vivo.
Storyboard’s Shibani Gharat spoke to Rajdeepak Das, managing director and chief creative officer of Leo Burnett South Asia; Bobby Pawar, chairman and chief creative officer of Havas Group India; Raj Kamble, founder and chief creative officer of Famous Innovations and Rohit Ohri, group chairman and chief executive officer of FCB India, and discussed the impact of this ruling on the ad industry and how can we put a stop to such things.