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Digital Collectibles Pte Ltd And Ors. vs Galactus Funware Technology Private ... on 26 April, 2023
cites
The Copyright Act, 1957
The Trade Marks Act, 1999
Article 21 in Constitution of India [Constitution]
Tata Press Limited vs Mahanagar Telephone-Nigam Limited & ... on 3 August, 1995
59. Nor would the aforesaid use by OFS operators amount to
infringement of the common law right of publicity. OFS operators use
information of all available players available in public domain for the
purposes of identification of the players for playing the game. This obviates
any possibility of confusion that a particular OFS platform is being endorsed
by a particular player or has an association with a particular player. The
plaintiffs themselves concede the right of an OFS operator to use all
9
Tata Press Ltd. v. Mahanagar Telephone Nigam Limited and Others, (1995) 5 SCC 139; Bennett
Coleman & Co. v. Union of India, (1972) 2 SCC 788.
Bennett Coleman & Co. & Ors vs Union Of India & Ors on 30 October, 1972
59. Nor would the aforesaid use by OFS operators amount to
infringement of the common law right of publicity. OFS operators use
information of all available players available in public domain for the
purposes of identification of the players for playing the game. This obviates
any possibility of confusion that a particular OFS platform is being endorsed
by a particular player or has an association with a particular player. The
plaintiffs themselves concede the right of an OFS operator to use all
9
Tata Press Ltd. v. Mahanagar Telephone Nigam Limited and Others, (1995) 5 SCC 139; Bennett
Coleman & Co. v. Union of India, (1972) 2 SCC 788.
Justice K.S.Puttaswamy(Retd) And Anr. vs Union Of India And Ors. on 24 August, 2017
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.
The Societies Registration Act, 1860
Akuate Internet Services Pvt. Ltd. & ... vs Star India Pvt. Ltd. & Anr. on 30 August, 2013
64. Facts which are available in public domain such as match information
cannot be monopolized and even if a third-party were to publish such
information for commercial gain, no actionable right arises in favour of the
plaintiffs. A Division Bench of this Court in Akuate Internet Services Pvt.
Ltd. and Anr. v. Star India Pvt. Ltd. and Anr., 2013 SCC OnLine Del 3344
has held that one can monetize or license only that over which one has
Signature Not Verified
Digitally Signed By:AMIT
BANSAL
CS(COMM) 108/2023 Page
Signing 42 of 51 13:09:16
Date:26.04.2023
2023:DHC:2796
property rights. In the aforesaid case, the plaintiff filed a suit for permanent
injunction and damages alleging that the defendants had violated "mobile
rights" and "mobile activation rights" of the plaintiffs that were exclusively
assigned to the plaintiffs by the BCCI. A learned Single Judge of this Court
granted injunction in favour of the plaintiffs. In appeal, the Division Bench
reversed the judgment of the learned Single Judge by observing that facts
and information that are available in public domain cannot be claimed as an
exclusive property of an entity and such information cannot be licensed by
the said entity in favour of another. Resultantly, even if the defendants are
using the information available in public domain in the course of commerce,
no injunction can be granted in favour of the plaintiffs.
Cce, Chennai Iii vs M/S. Tvs Motor Company Ltd on 11 June, 2015
(iii) Midler v. Ford Motor Co., 849 F.2d 460
[decided on 22nd June, 1988]