1. Introduction
Earlier this year, Singapore based Digital Collectibles Pte Ltd
("Rario") and five well-known Indian
cricketers ("plaintiff cricketers")
filed a case in the Delhi High Court
("HC") against Galactus Funware
("MPL") and Phoenixplay Tech Pvt Ltd
("PTPL"). The suit was initiated due to
the creation and sale of NFTs using the name, likeness, and
information of the plaintiff cricketers.
While the main suit is still pending, a single judge of the HC
rejected a please for interim injunction on April 26,
2023.1 The judge made several
observations concerning the principles of passing off, publicity
rights, and the right of free speech. Although these observations
are confined to the proceedings before the judge and do not affect
the main suit, they are noteworthy due to their approach to NFT
rights. This article examines the key facts that prompted the
filing of the suit, the HC ruling and its notable features, as well
as the potential impact on celebrity
