2023:DHC:2796
24.7. The NFT Player Cards used on the Striker platform do not suggest any
kind of endorsement or association of a player with the Striker
platform. The Striker platform uses Digital Player Cards for all
current players. The game by its very nature requires that each and
every player be represented.
24.8. The use of the players’ information on their NFT Player Cards by
Striker does not cause any loss of earning opportunities for the players
(plaintiffs no. 2 to 6).
24.9. No case of unjust enrichment by the defendant no. 2 has been made
out as the only player related content used by defendant no.2 is the
information available in public domain, in respect of which no person
can claim proprietary rights.
24.10.The present suit has been filed by making material concealments and
false statements in the plaint. The plaintiffs have wrongly stated that
they came to know of the Striker platform in January, 2023, whereas
they knew about the Striker platform since September, 2022 as is
evidenced on the screenshots of the WhatsApp conversations between
the employees of the plaintiffs and the defendants.
24.11.The plaintiff has concealed in the plaint that the plaintiff themselves
run a fantasy game with Digital Player Cards similar to that run by the
defendant no.2. Therefore, the present suit is an attempt to stymie
competition.
24.12.The balance of convenience is in favour of the defendants and against
the plaintiffs. The grant of interim injunction would cause irreparable
harm and injury to the defendants inasmuch as it would result in
Signature Not Verified
Digitally Signed By:AMIT
BANSAL
CS(COMM) 108/2023
Signing
Date:26.04.2023
Page
18 of 51 13:09:16
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