2023:DHC:2796
therefore, the plaintiff cannot object to the same. This use is solely for
the purpose of identification on the Striker platform. These are the
essential features of all OFS games.
24.4. The Striker platform does not use any of a player’s personal
information or player’s personal attributes such as signature, voice,
height or any other aspect of his personal life.
24.5. In respect of the facts and information used by the plaintiffs, there is
no inherent right in the players that could have been licensed to Rario.
The plaintiffs admit that names, images/photographs as well as onfield performance of a player is being used in several OFS games for
which the plaintiffs do not have any objection. Once the plaintiffs
admit that there does not exist any right in them over facts and
information available in public domain, the nature of use by
defendants, whether with or without commercial motive, is irrelevant.
Reliance in this regard is placed on the judgment of the United States
Court of Appeals for the 8th Circuit in C.B.C. Distrib. & Mktg. v.
Major League Baseball Advanced, 505 F.3d 959 and the judgment of
the Supreme Court of Indiana in Daniels v. Fan Duel. Inc., 109
N.E.3d 390.
24.6. As regards the example given by the plaintiffs of the NFT of Erling
Haaland being traded on the platform “Sorare,” the said platform itself
states that it is to enable users to “collect officially licensed digital
cards” for footballers. This is exactly what Rario seeks to do in
respect of cricketers. However, there is nothing on the Striker
platform to suggest that Striker is officially licensed to sell NFT
Player Cards of players to users who seek to collect them.
Signature Not Verified
Digitally Signed By:AMIT
BANSAL
CS(COMM) 108/2023
Signing
Date:26.04.2023
Page
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