2023:DHC:2796
21.3. The case set up by the plaintiffs is on a misconception that an entity
requires consent/authorisation of an individual sportsperson in order
to use facts, information, images and other materials necessary to
identify those players to enable the playing of games on OFS
platforms.
21.4. Fantasy games such as Striker necessarily have to include all players
so as to form a team by the user. The performance of a fantasy team
depends upon the on-field performance of the individual player during
a real cricket match.
21.5. Since the fantasy games depend upon the inclusion of all players,
there is no scope of creating any impression that a particular player is
endorsing the fantasy game.
21.6. The OFS of the defendant no.2 uses names, images and other
information of all potential players and therefore, it cannot be said
that a particular player is endorsing a fantasy game.
21.7. The defendant no.2 is not in the business of buying, selling and
trading of NFT cards as stated in the plaint. The NFT cards are an
entry requirement to play the OFS game of defendant no.2.
21.8. The Digital Player Cards cannot be traded or used outside the Striker
platform and are only meant to enhance the user experience in the
fantasy games.
21.9. A large number of fantasy games are offered worldwide, including in
India, which use player identifiers, including, names, images and
basic statistics, as they are all available in the public domain.
Therefore, this is a well-settled industry practice in the business of
fantasy sports.
Signature Not Verified
Digitally Signed By:AMIT
BANSAL
CS(COMM) 108/2023
Signing
Date:26.04.2023
Page
11 of 51 13:09:16
Sélectionner le paragraphe cible3
Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières