2023:DHC:2796 21.3. The case set up by the plaintiffs is on a misconception that an entity requires consent/authorisation of an individual sportsperson in order to use facts, information, images and other materials necessary to identify those players to enable the playing of games on OFS platforms. 21.4. Fantasy games such as Striker necessarily have to include all players so as to form a team by the user. The performance of a fantasy team depends upon the on-field performance of the individual player during a real cricket match. 21.5. Since the fantasy games depend upon the inclusion of all players, there is no scope of creating any impression that a particular player is endorsing the fantasy game. 21.6. The OFS of the defendant no.2 uses names, images and other information of all potential players and therefore, it cannot be said that a particular player is endorsing a fantasy game. 21.7. The defendant no.2 is not in the business of buying, selling and trading of NFT cards as stated in the plaint. The NFT cards are an entry requirement to play the OFS game of defendant no.2. 21.8. The Digital Player Cards cannot be traded or used outside the Striker platform and are only meant to enhance the user experience in the fantasy games. 21.9. A large number of fantasy games are offered worldwide, including in India, which use player identifiers, including, names, images and basic statistics, as they are all available in the public domain. Therefore, this is a well-settled industry practice in the business of fantasy sports. Signature Not Verified Digitally Signed By:AMIT BANSAL CS(COMM) 108/2023 Signing Date:26.04.2023 Page 11 of 51 13:09:16

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