2023:DHC:2796 therefore, the plaintiff cannot object to the same. This use is solely for the purpose of identification on the Striker platform. These are the essential features of all OFS games. 24.4. The Striker platform does not use any of a player’s personal information or player’s personal attributes such as signature, voice, height or any other aspect of his personal life. 24.5. In respect of the facts and information used by the plaintiffs, there is no inherent right in the players that could have been licensed to Rario. The plaintiffs admit that names, images/photographs as well as onfield performance of a player is being used in several OFS games for which the plaintiffs do not have any objection. Once the plaintiffs admit that there does not exist any right in them over facts and information available in public domain, the nature of use by defendants, whether with or without commercial motive, is irrelevant. Reliance in this regard is placed on the judgment of the United States Court of Appeals for the 8th Circuit in C.B.C. Distrib. & Mktg. v. Major League Baseball Advanced, 505 F.3d 959 and the judgment of the Supreme Court of Indiana in Daniels v. Fan Duel. Inc., 109 N.E.3d 390. 24.6. As regards the example given by the plaintiffs of the NFT of Erling Haaland being traded on the platform “Sorare,” the said platform itself states that it is to enable users to “collect officially licensed digital cards” for footballers. This is exactly what Rario seeks to do in respect of cricketers. However, there is nothing on the Striker platform to suggest that Striker is officially licensed to sell NFT Player Cards of players to users who seek to collect them. Signature Not Verified Digitally Signed By:AMIT BANSAL CS(COMM) 108/2023 Signing Date:26.04.2023 Page 17 of 51 13:09:16

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