2023:DHC:2796 Appeal (Civil Division) of the U.K. in Robyn Rihanna Fenty and Ors. v. Arcadia Group Brands Limited and Anr. 23.3. The various judgments relied upon by the plaintiffs are in the context of celebrity endorsement. Therefore, Indian law recognizes personality rights only in the context of endorsement, which is not the issue in the present case. 23.4. The judgment of the Supreme Court in Puttaswamy (supra) was in the context of privacy and has no application in the facts of the present case. SUBMISSIONS ADVANCED ON BEHALF OF THE DEFENDANT NO.2 24. The following submissions have been made on behalf of the defendant no.2: 24.1. Indian law recognizes the right of publicity of a celebrity to commercially exploit their personal attributes only to the extent of restraining false endorsements and advertisements. The right does not extend to facts or information relating to the celebrity that are neither personal nor private. 24.2. Article 19(1)(a) of the Constitution of India affords Striker the right to use the aforesaid information for commercial purpose. 24.3. Striker uses only three pieces of player related content in its fantasy game, namely, (i) player name; (ii) original artistic rendition of the player (artwork); and, (iii) statistics arising out of a player’s performance in real-word matches. Both the name of the player as well as the statistics are freely available in the public domain and Signature Not Verified Digitally Signed By:AMIT BANSAL CS(COMM) 108/2023 Signing Date:26.04.2023 Page 16 of 51 13:09:16

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