2023:DHC:2796 R. J. Reynolds Tobacco Co., 498 F.2d 821 and Midler v. Ford Motor Co., 849 F.2d 460. 22.4. The cause of action for filing the present suit is based on the sale and trade in NFTs offered on Striker’s website and mobile applications using players’ names, images and other attributes. It is not necessary for a user to participate in any fantasy game on Striker after purchasing an NFT Player Card on Striker. A user can simply trade the NFT Player Card or sell it. 22.5. The platform of Striker itself states that the most important part of the Striker App is the marketplace where you can buy, sell or rent Digital Player Cards (page 14 of the additional documents filed by the plaintiff). 22.6. Defendants incorrectly characterize the suit as one against the use of information/materials available in the public domain. 22.7. All sports players have limited playing time and therefore, they have a right to monetize all aspects of their personality. Therefore, defendants cannot use the personality of a sports player for their monetary gains without any authorization from the celebrity. 22.8. The value of NFTs on the Striker platform is derived from the identity/personalities of the players and Striker is commercially gaining from the sale/trade of such NFTs without authorization from the players. This amounts to breach of personality rights. 22.9. The commercial value and status of an NFT as an asset is the sense of connection with the celebrity that the officially licensed NFT carries. Even beyond the world of cricket, celebrity NFTs are extremely valuable assets. For instance, the NFT in respect of first tweet of Jack Signature Not Verified Digitally Signed By:AMIT BANSAL CS(COMM) 108/2023 Signing Date:26.04.2023 Page 14 of 51 13:09:16