2023:DHC:2796
R. J. Reynolds Tobacco Co., 498 F.2d 821 and Midler v. Ford Motor
Co., 849 F.2d 460.
22.4. The cause of action for filing the present suit is based on the sale and
trade in NFTs offered on Striker’s website and mobile applications
using players’ names, images and other attributes. It is not necessary
for a user to participate in any fantasy game on Striker after
purchasing an NFT Player Card on Striker. A user can simply trade
the NFT Player Card or sell it.
22.5. The platform of Striker itself states that the most important part of the
Striker App is the marketplace where you can buy, sell or rent Digital
Player Cards (page 14 of the additional documents filed by the
plaintiff).
22.6. Defendants incorrectly characterize the suit as one against the use of
information/materials available in the public domain.
22.7. All sports players have limited playing time and therefore, they have a
right to monetize all aspects of their personality. Therefore,
defendants cannot use the personality of a sports player for their
monetary gains without any authorization from the celebrity.
22.8. The value of NFTs on the Striker platform is derived from the
identity/personalities of the players and Striker is commercially
gaining from the sale/trade of such NFTs without authorization from
the players. This amounts to breach of personality rights.
22.9. The commercial value and status of an NFT as an asset is the sense of
connection with the celebrity that the officially licensed NFT carries.
Even beyond the world of cricket, celebrity NFTs are extremely
valuable assets. For instance, the NFT in respect of first tweet of Jack
Signature Not Verified
Digitally Signed By:AMIT
BANSAL
CS(COMM) 108/2023
Signing
Date:26.04.2023
Page
14 of 51 13:09:16
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