2023:DHC:2796
mobile application “MPL”. The defendants carry on business under
the trade name “Striker Club” through their website, mobile
application “Striker,” as also under the trade name “MPL”. The
defendants’ business through the Striker Website includes the creation
of an online marketplace where third-party users can purchase, sell
and trade Digital Player Cards, which include the image of a player
along with the player’s name/initials. Like plaintiff no.1, the
defendants also use NFT technology to authenticate player cards for
the Striker Website.
18.8. Unlike the plaintiff no.1, the defendants do not have authorization or
licenses from plaintiffs no. 2 to 6 to use their names, surnames, initials
and images or other attributes of their personality for their business.
18.9. Through the Striker Website and Striker mobile application, the
defendants have a similar business model to that of the plaintiff no.1.
The defendants do not have any license or authorization from
plaintiffs no.2 to 6, yet they use Digital Player Cards with NFTs
which include artistic drawings of plaintiffs no.2 to 6 along with their
names. The entire value of the digital art collectibles/NFTs available
on the Striker Website is derived from the names, likeness and
personalities of the players and not on account of the artistic contents
of the images.
18.10.The cause of action for the present suit arose in January, 2023 when
plaintiff no.1 became aware of the Striker Website.
19.
Based on the aforesaid averments, the present suit has been filed by
the plaintiffs on account of unlawful use of player marks and other attributes
of plaintiffs no. 2 to 6, which amounts to (i) unfair competition (including
Signature Not Verified
Digitally Signed By:AMIT
BANSAL
CS(COMM) 108/2023
Signing
Date:26.04.2023
Page
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