2023:DHC:2796
Dorsey, the founder of the Twitter, as well as the digital trading card
NFT of the famous footballer Erling Haaland, both of which were
sold for huge amounts.
22.10.Striker as well as any other OFS games do not require NFTs for
playing the game.
22.11.The sale price or resale price of an NFT Player Card is not based on
the real-world performance of the player. The NFTs sold on the
Striker platform are valued according to the personality/stature of the
player. For NFTs of any particular player, the artistic work underlying
the NFT is identical across the categories of NFTs, but the price is
different. Hence, the price is not a function of artistic work but the
personality of the player.
22.12.Both the plaintiff no.1 and the defendants are selling and trading in
Digital Player Cards. The only difference is that the plaintiff no. 1 has
entered into exclusive contracts with plaintiffs no. 2 to 6, whereas the
defendants have not.
SUBMISSIONS ADVANCED ON BEHALF OF THE DEFENDANT NO.1
23.
The following submissions have been made on behalf of the
defendant no.1:
23.1. The reliance placed on behalf of plaintiffs on judgments of the
American courts are not applicable as the same are based on specific
statutes and not common law.
23.2. In common law jurisdictions such as the United Kingdom [hereinafter
“U.K.”], celebrity rights exist only in the context of endorsement.
Reliance in this regard is placed on the judgment of the Court of
Signature Not Verified
Digitally Signed By:AMIT
BANSAL
CS(COMM) 108/2023
Signing
Date:26.04.2023
Page
15 of 51 13:09:16
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