2023:DHC:2796
20.5. The defendant no.1 merely provides its MPL platform to defendant
no.2 to publish its game Striker and does not have any control over
Striker.
20.6. The defendant no.1 has been operating OFS games on its platform
MPL since 2019.
20.7. The use of names and images of sportspersons is a prevalent and
prominent feature of all OFS games in India and abroad. Fantasy
sports leagues are based entirely on the existence and real life
performances of actual players and on-field events. By their very
nature, fantasy games can only be played if all the relevant players are
listed and available to choose from and capable of being identified on
the platform.
20.8. The OFS offerings of defendant no.1 do not use any NFTs or similar
technology.
REPLY FILED ON BEHALF OF THE DEFENDANT NO.2
21.
In the reply filed on behalf of the defendant no.2, the case set up by
the defendant no.2 is as under:
21.1. The defendant no.2’s product, Striker only offers an OFS game,
whereas the product of the plaintiffs, Rario, in addition, offers users
the option to “buy” and “own” cricket moments.
21.2. The material used by the defendant no.2 for its fantasy game Striker is
in the nature of facts and information available in public domain and
is therefore, beyond the scope of personality rights of the players.
Therefore, the plaintiffs have wrongly placed reliance on the
exclusive license agreements with plaintiffs no.2 to 6.
Signature Not Verified
Digitally Signed By:AMIT
BANSAL
CS(COMM) 108/2023
Signing
Date:26.04.2023
Page
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