According to a report, five Indian cricket players, along with the cricket digital collectables platform Rario, have taken legal action in the Delhi High Court. Their intent is to stop online fantasy sports platforms from creating and distributing Non-fungible Tokens (NFTs) that utilise their names and photos. The report states that Rario and the five players, namely Harshal Patel, Arshdeep Singh, Mohammed Siraj, Umran Malik, and Shivam Mavi, have filed appeals before the Division Bench in opposition to an order issued by a single judge.
What has actually happened?
In a ruling made on April 26, the Delhi High Court declared that online fantasy sports platforms are allowed to utilize the names and pictures of notable individuals. The court’s decision was based on the interpretation that this action falls within the scope of the right to freedom of speech and expression as outlined in Article 19(1)(a). This ruling was made by a single judge.
During the proceedings before a division bench comprising Justices Manmohan and Saurabh Banerjee, the digital collectables platform Rario was represented by former Solicitor General of India and senior Advocate Harish Salve. On the other hand, Mukul Rohatgi appeared as counsel for some of the players involved. In his submission, Salve argued that Rario had duly acknowledged the rights of the players, made the necessary payments, and obtained the rights to utilize the specific personalities in question.
In response, Salve stated, “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. You can take the example of Sunil Gavaskar. If somebody today says that this is a Gavaskar signed bat and through digital means they take his signature, you are violating his privacy and it may also amount to passing off.”
Next hearing scheduled for 23rd May
Following the completion of the arguments, the bench instructed both parties to submit their written submissions within a timeframe of seven days. Additionally, the bench scheduled the next hearing in the case for May 23.
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