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2023:DHC:2796 OFS sector to expand3. Before proceeding any further, it may be useful to understand what the basic concept of an OFS game is and how it functions. 2. OFS games are a form of online gaming offered on the internet that allow users/fans of sports to create and manage their own virtual teams based on real athletes in formats set by online gaming platforms. Such online games allow users to compete against each other in various virtual gaming events/leagues centred around real-world sporting events and are based on, inter alia, the statistical data of the performance of sportspersons. To participate in the fantasy sports games offered by these online platforms, users are generally required to pay an entry fee. Once a user pays the requisite entry fee, they can use their skill and knowledge to enter the online events/leagues and earn points on their players, change the composition of their teams by adding and/or removing players, and ultimately win awards and prizes. 3. There is no one standard formant of OFS and various operators are bringing out their own variations so as to differentiate their OFS games from the others. Although the legality of OFS gaming formats is not subject matter of the present dispute, the issues involving its legality have been dealt with by Indian courts. In Varun Gumber v. Union Territory of Chandigarh and Ors., 2017 SCC OnLine P&H 5372 (against which Special Leave Petition (Civil) No.26642/2017 and Review Petition (Civil) Diary No.5195/2022 were dismissed on 15th September, 2017 and 9th November, 2022 respectively), a learned Single Judge of the Punjab and Haryana High Court observed that playing of a fantasy game by any participant/user 3 Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023, G.S.R. 275(E). (April 6, 2023). Signature Not Verified Digitally Signed By:AMIT BANSAL CS(COMM) 108/2023 Signing Date:26.04.2023 Page 3 of 51 13:09:16

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Digital Collectibles v Galactus

Case Law

Country

India

Country Location

Latitude: 23.078537445745496

Longitude: 78.60363571015989

Country Location (linked Case Law): India

Decision Date: Apr 26, 2023

Case Status: In progress

Case Outcome (Procedural)

Motion Denied

Case Outcome (Disposition)

Injunction, Order, or Motion Denied/Vacated

Keywords

Digital Rights
Intellectual Property
Privacy
Privacy, Data Protection and Retention

Judicial Body: First Instance Court

Court Name: High Court of Delhi

Case Number: CS(COMM) 108/2023

Case Summary: The High Court of Delhi delivered a judgment in a case involving Digital Collectibles, a Singapore-based company operating under the brand “Rario,” and Galactus Funware Technology, trading as “Mobile Premier League” (MPL). The central issue revolved around the use of sportspersons’ names and images to create Digital Player Cards and whether this constituted a violation of the plaintiff’s right to publicity or fell within the defendants’ freedom of expression. The Court extensively analyzed both foreign and Indian jurisprudence on the right of publicity, highlighting that publicly accessible information about celebrities or sportspersons, including names and performance data, could not be exclusively licensed and was not subject to infringement claims. Additionally, the Court emphasized the protection of transformative and creative elements in artworks, concluding that the defendant’s use of such elements was within the purview of freedom of speech and expression. The Court also noted that the trading of Digital Player Cards was influenced by various factors, not solely dependent on player personas. Ultimately, the Court declined to grant an interim injunction against the defendants, upholding the primacy of freedom of speech and expression in this context.

Case Significance: This ruling expands the freedom of expression by upholding the principle that using celebrity names, images, and information for purposes such as parody, satire, art, scholarship, music, academics, news, and similar expressions was permissible under the right of freedom of speech and expression guaranteed by Article 19(1)(a) of the Constitution of India. The ruling, stemming from a case involving the use of sportspersons’ names and images in Digital Player Cards, drew from both U.S. and Indian jurisprudence. It highlighted the protection of publicly available information, the importance of creative elements in expression, the permissibility of using player names and images for descriptive purposes, and the need to balance rights. Ultimately, the Court held that the use of celebrity names and images for various purposes fell within the realm of freedom of speech and expression and did not infringe upon the right of publicity. This ruling reinforces and broadens the boundaries of freedom of speech in India.

The decision establishes a binding or persuasive precedent within its jurisdiction.

Related Caselaw (self)

India

Source URL: Global Freedom of Expression

Collection

APC
CIPIT

Date Updated: Oct 29, 2023

Primary Documents

Digital Collectibles v Galactus.pdf
English
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CYRILLA: Global Digital Rights Law

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Digital Collectibles v Galactus

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