2023:DHC:2796
21.10.There is no statutory provision in India which envisages protection of
the rights claimed by the plaintiffs in the present suit. The player
identifiers claimed to be owned by the plaintiffs are in the nature of
factual information not protectable under any law in India.
21.11.Striker has commissioned independent artist to create original
artworks based on the cricketers sought to be depicted. The defendant
no.2 has not used any real photographs/images of the cricketers. The
aforesaid artworks used on the Striker platform are original works and
are entitled to copyright protection under the Copyright Act, 1957.
21.12.The plaintiffs have concealed that as far back as in September, 2022,
the senior executives of the plaintiffs have been in contact with the
senior officials of the defendants regarding the Striker platform. In
this regard, the defendants have placed on record WhatsApp chats
between the said employees. Even otherwise, the defendant no.2 had
launched an extensive advertising and marketing campaign before
launching its platform Striker, starting from August, 2022. Therefore,
the claim of the plaintiffs that they became aware of the defendant
no.2 only in January, 2023 is false.
21.13.The prayers in the interim application go far beyond the pleadings and
are intended to shut down the business of OFS platforms.
21.14.Balance of convenience is against the grant of injunction in favour of
the plaintiffs as an injunction will bring to halt the entire business of
the defendants.
21.15.The present suit has been filed intentionally just before the WPL and
IPL scheduled to be held at the end of March, 2023, when the OFS
business would reach its peak.
Signature Not Verified
Digitally Signed By:AMIT
BANSAL
CS(COMM) 108/2023
Signing
Date:26.04.2023
Page
12 of 51 13:09:16
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