Researchers in law are working to identify, critique and suggest rules to govern new practises. Their work is illustrated in two examples: e-sport and ambush marketing.
E-sport, which involves practising a sport via a video game interface, whether competitively or not, has in recent years seen astonishing growth. It now resembles traditional sport, with competitions, rules, clubs, teams, professional players, etc. In France and elsewhere, questions are being asked about whether this activity can be considered a sport and should therefore be subjected to the rules that apply to other sports. In other words, can or should e-sport be considered legally as a sport?
Ambush marketing is where an economic player, without spending any money and often with a great amount of ingenuity, benefits from the notoriety and positive image of sports competitions and athletes to promote its products and services. Keen to preserve their economic interests, sports institutions are now looking to prevent and sanction such strategies. What are the possibilities and limitations when it comes to preventing and sanctioning ambush marketing in sport?