According to Decrypt, a U.S. District Court judge in Massachusetts rejected DraftKings' motion to allow a class action lawsuit over whether its NFTs are unregistered securities to proceed. The case is called Dufoe v. DraftKings Inc. The indictment states that DraftKings' sports-themed NFTs on the Polygon blockchain meet the three criteria of the Howey test and may be classified as securities. Judge Denise Jefferson Casper said the plaintiffs "reasonably claim" that these NFTs meet the definition of securities and the case will go to trial.