Plea in Delhi HC by Indian Cricketers against MPL and Striker

On Thursday, the Delhi High Court heard an appeal filed by digital cricket collectible platform Rario, and several cricketers including Mohammed Siraj and Harshal Patel. 

The appeal was against a single-judge’s order of April 26 which held that online fantasy sports (OFS) platforms can use names and images of cricketers and celebrities since such use is protected under the right to freedom of speech (Click Here). The appellants have requested the court to restrain OFS platforms from minting and distributing Non-fungible Tokens (NFTs) with their images on it.

Senior Advocate Harish Salve appeared for Rario before a division bench of Justices Manmohan and Saurabh Banerjee. Salve argued that there is a common misconception about where fair use ends and confidentiality begins. He said that an NFT is nothing but the personality of a player and the players have the absolute right over their persona. Salve submitted that OFS platforms can use information of a player for building teams on their platforms but if they create an NFT, then that becomes a piece of property over which the player has the right and these platforms cannot trade those NFTs and earn profit without the consent of the player. 

He further added, “By creating tradable cards, you (other OFS) have crossed a line. Because a tradable card is not based on a player’s performance, it is based on their persona.” Salve also highlighted that Rario has recognized the players’ rights, paid substantial sums of money, and acquired rights to use that personality.

Senior Advocate Mukul Rohatgi appeared for some of the players and cited an example of a bat signed by Sachin Tendulkar. He said, “I am giving an example of a bat signed by Sachin. That bat has value because of Sachin Tendulkar’s autograph. Similarly, my photograph which is for somebody cannot be pirated by somebody else for trading. They cannot trade it without my consent.” Rohatgi also referred to cricketer Rinku Singh and his performance in the Indian Premier League (IPL). He said, “There is a cricketer named Rinku Singh. He has become famous for hitting five sixes to win the match. Now, he is entitled to earn the money. He is entitled to use his persona.”

The Court also briefly heard the defendants (Striker and MPL) and the intervenors (All India Gaming Federation). The bench directed both the sides to file their written submissions within one week and listed the case for further consideration on May 23. On that day, the bench will deal with the appellants’ plea for interim injunction against the use of players’ NFTs.

In summary, the Delhi High Court today heard an appeal filed by digital cricket collectible platform Rario, and several cricketers including Mohammed Siraj and Harshal Patel. The appellants have requested the court to restrain OFS platforms from minting and distributing Non-fungible Tokens (NFTs) with their images on it. Senior Advocate Harish Salve argued that the players have the absolute right over their persona and that OFS platforms cannot trade those NFTs and earn profit without the consent of the player. Senior Advocate Mukul Rohatgi further added that the players are entitled to use their persona and earn the money. The Court directed both the sides to file their written submissions within one week and listed the case for further consideration on May 23. On that day, the bench will deal with the appellants’ plea for interim injunction against the use of players’ NFTs.(alert-success)