General
Protect Your Gamer-Tag: Proper Due Diligence and Brand Protection Techniques for Professional Gamers, Streamers, and Content Creators in the US
In today’s global esports and video game business, it is vital that professional esports players, gaming streamers and content creators, and on-air broadcast talent and esports casters as well as the legal practitioners advising them are aware of a variety of available legal protections. One crucial legal shield available to gaming influencers are the statutory safeguards established under trademark law which can be utilized to protect a gamer’s personal brand. Since an individual’s gamer-tag or gaming username or “ID” is similar to a musician’s stage or artist name, it is a valuable business asset that must be properly secured prior to commercial usage of it. Accordingly, any gamer attempting to monetize and build a professional career and a business around a particular gamer-tag or username should ensure that the party can properly and legally generate revenue with it prior to utilizing the selected name.
Table of Contents
Examples of Trademark Law Used to Protect a Gamer-Tag
As mentioned, professional gamers, esports casters, and other gaming influencers, including streamers and content creators may utilize trademark law in the United States and in other countries to protect their in-game or caster name as well as their unique logo designs, among other protectible assets. While most professional gamers, streamers, and casters are not securing a registration in their trade name (their gamer-tag or talent name) or in their monetized logo designs, there has been a trend of some gaming professionals and content creators securing these rights to properly protect their individual personal “brand.”
For example, gaming streamer Tyler “Ninja” Blevins had applied for trademark protection for a stylized logo featuring the wording “Ninja” for clothing and apparel items.[i] Another streamer Benjamin “DrLupo” Lupo received trademark protection for his gamer-tag in a variety of classes as well as for his unique “D” logo.[ii] Similarly, prominent gaming influencers Timothy “TimTheTatman” Betar and Turner “TFUE” Tenney both registered their respective gamer-tags.[iii]
In addition, competitive gamers Jonathan “FATAL1TY” Wendel secured exclusive rights to his gamer-tag “FATAL1TY” and Matthew “Nadeshot” Haag protected his moniker “NADESHOT” in a variety of classes, including for “dietary and nutritional supplements,” for “video game controllers,” and for “live performances by e-athletes and competitive gamers.”[iv] Finally, professional gamer Michael “Shroud” Grzesiek registered his gamer-tag for a variety of goods and services including for computer peripherals and accessories, for clothing and apparel items, and for entertainment services including providing “live show performances featuring video game playing.”[v]
Benefits of Conducting a Trademark Screening Search
Generally, prior to attempting to protect and utilize a specific name, it is prudent for a professional gamer or a practitioner assisting the talent to conduct a trademark screening search to determine the availability and potential hurdles to the commercial usage of their chosen gamer-tag. This procedure is beneficial to identify any existing names that might be the same or confusingly similar to the selected gamer-tag and that might act as a barrier or expose the gamer to potential liability for using the name.
Consequently, an individual’s failure to conduct the proper due diligence and investigation into the availability and protectability of a selected gamer-tag prior to commercialization can lead to some severe consequences and potentially extensive liability. For example, the usage of a mark (gamer-tag) that is the same or confusingly similar to another registered mark for the same or similar goods or services could expose the secondary user to potential legal action. For instance, these infringing activities might cause them to receive a formal cease and desist notice for purported infractions such as trademark infringement, tarnishment, blurring, or any other violations. Similarly, the unauthorized user might even possibly be subjected to a trademark infringement or other lawsuit.
Therefore, it is highly advisable that a gaming talent initiate a proper pre-usage inquiry into the availability of a tradename to identify any potential hurdles to using a selected gamer-tag in an effort to try to avoid any potential legal disputes. In fact, in addition to those mentioned above, there is also the possibility of other adverse actions against the gamer such as the individual being subject to trademark Opposition and Cancellation proceedings before the Trademark Trials and Appeals Board (T.T.A.B.) in certain instances or the applicant might receive a formal Letter Of Protest submitted to the United States Patent and Trademark Office (U.S.P.T.O) contesting a filed application.
In fact, there have already been several instances of gaming content creators and influencers as well as other esports businesses having to change or otherwise alter their selected gamer-tag or tradename in light of other senior rightsholders. For example, gaming content creator Marrissa “Digitalprincxss” Cloutier purportedly received a cease-and-desist notice from the owner of a similar mark in the same entertainment services category which demanded that the creator change her username and mandated that she rebrand all her social media channels from “Pokeprincxss” to “Digitalprincxss” to avoid further liability and action from the mark owner (which she did).
Actual Use vs. Intent to Use Applications
Accordingly, if a proper pre-screening search is conducted and the mark seems clear, an application can then be prepared and filed with the U.S.P.T.O. for federal protection in all fifty states as well as potentially filed in individual states for any and all relevant class(es) of goods. In the United States, a trademark application may proceed on an “actual-use” or an “intent-to-use” basis.
This fact means that an application can be filed for a mark that is currently in use (an “actual use” application) or for one that the owner intends to use (an “intent-to-use” application). An “intent-to-use” application is one that is filed by a party prior to utilizing a name to “reserve” it for a specific good or service. The mark must then be used by the owner in commerce for the selected good or service. After this initial usage in trade, a Statement of Use (“SOU”) must be filed with the U.S.P.T.O. within the proscribed time periods.
International Registration of Trademarks with the Madrid Protocol system
Additionally, it is also important for professional gamers and their representatives to be aware that a logo and a gamer-tag are two different protectible assets. This distinction means that two separate applications can be prepared and filed in order to separately protect both a gamer’s logo as well as their gamer-tag or caster name. As a result, the owner could receive the exclusive ownership rights to the name as word mark for the usage of it in any logo design developed in the future as well as obtain separate protection for a specifically submitted logo design.
Similarly, a gaming influencer, creator, or caster attempting to work and monetize their brand in other countries might also explore and apply for trademark protection in these other nations. For instance, a United States based professional gaming talent might utilize the Madrid Protocol system to apply for trademark protection in any signatory countries that the individual intends to monetize and utilize their gamer-tag in.
In these cases, it is crucial that an U.S. trademark applicant applies for protection in any other Madrid Protocol countries within six months of a U.S. trademark application filing date so that the applicant can receive a “priority claim” which means that they can utilize the earlier U.S. filing date for the international application’s filing date.
Different Potentially Applicable International Classes of Goods
When preparing a trademark application, the individual or business owner must select and apply for protection of a selected mark for the goods and services that they are currently offering or intend to. The goods and services offered by an applicant are classified into standard categories that are referred to as “International Class of Goods” with each class of goods corresponding to a different grouping of products and services.
Accordingly, while there are many existing International Classes of Goods that an applicant can choose from, there are a few select ones that a gamer, streamer, or caster might typically apply for protection in. One of these classes might include International Class 041 for “entertainment services, namely, participation in video game competitions” and for other live and recorded entertainment services. An influencer might also protect their gamer-tag in International Class 009 for several types of computer equipment, such as “computer hardware; computer keyboards; computers; computer monitors; computer mice; mouse pads.” In addition, a professional gamer could secure protection in their gaming name in International Class 028 for “gaming mice” or “gaming keyboards.”
A gamer-tag or logo might also be registered by its owner in International Class 025. This class encompasses various clothing and other merchandise and apparel items, such as t-shirts, hoodies, shorts, bandanas, and hats. Another potentially applicable goods classification for a gaming influencer might be International Class 035. This particular class is for the provision of “endorsement and advertising services,” including “promoting the goods and services of others.” Consequently, these are just a few select International Classes of Goods that might be appropriate for a professional video game talent as there are many other trademark classes that an applicant can choose from and that may be applicable to their personal brand and their business ventures.
Some Benefits of Trademark Registration Ownership
Accordingly, a trademark registration in a gamer-tag or a logo provides many unique benefits for its owner. One of these is that the gamer has exclusive rights to the name for the selected categories of goods. This fact means that no other person or company may use the same name or a confusingly similar one for the same goods or services as those covered by the registered mark. Another advantage is that the federal registration permits the owner to file an infringement claim with many top social media platforms to takedown, retrieve, or otherwise block an infringing or impersonating account.
Accordingly, a valid trademark registration enables a party to remove any unauthorized content featuring the protected mark including utilizing the account reporting procedures on platforms such as Facebook, X (formerly Twitter), Instagram, YouTube, and Twitch. A valid registration also enables the owner to contact the United States Customs and Border Patrol to prevent the importation of any infringing or counterfeit goods bearing the protected mark as well as any goods containing marks that are confusingly similar to the registered one (i.e., “knock-offs”). This protection is beneficial as it provides a remedy to try to prevent the sale of “fake” or other unauthorized goods containing the gamer’s name or logo.
Similarly, the existence of a valid trademark registration provides for the easy validation and facilitation of the licensing of the owner’s intellectual property (IP) to a third-party business or company. In particular, this benefit is valuable to a professional gamer when entering into third-party licensing agreements for use of their IP as the registration substantiates the owner’s exclusive ownership rights in the licensed mark for the specific goods or services. Accordingly, this assurance provides further protection and security for a third-party by ensuring that the licensee legally possesses the rights that they desire to acquire from the licensor.
For example, this situation might be applicable if a gaming peripheral company is manufacturing a gamer-branded product. Finally, in addition to the protections available for a professional video game talent under any applicable right of publicity and other related “name, image, and likeness” (NIL) rights, the existence of a valid trademark registration provides a notable gaming influencer with additional causes of action and potential recovery options and grounds beyond those existing under a person’s right of publicity in the cases of unauthorized usage of their name including for trademark infringement.
Trademark Owner’s Continued Maintenance and Renewal Obligations
Once a valid registration is secured by a gaming influencer, it is important for the owner to properly maintain the registration as well as to police and prevent any unauthorized third-party usage of the gamer-tag. For instance, an owner must ensure that they file a timely renewal of a mark to ensure that the registered trademark will not be cancelled by the U.S.P.T.O.
However, if a registration is cancelled for failure to timely renew it or if it is deemed “abandoned” for failing to adequately police third-party infringing uses of it, the owner will lose the exclusive rights in the mark as well as the priority and seniority that the registration had obtained through the continuous use in commerce for the listed goods or services (15 U.S.C. § 1127). Consequently, the owner would then have to re-apply to re-register the trademark, including paying additional filing fees for a mark that was previously registered.
Specifically, in the United States, there are some unique required renewal periods for every registered trademark that all competitive gamers, streamers, content creators, influencers, and their advisors must be aware of. The first one is the five-year renewal which is due no later than five years after the mark’s initial registration date. After this first renewal filing, the next renewal is the ten-year renewal (the second renewal), which is due five years after the proceeding trademark renewal.
Following the second renewal, the registrant must continue to renew the mark every ten years to keep the registration in force. This requirement means that a professional gaming talent must timely renew any existing registration to ensure that they continue to possess the rights that they desire and have already acquired in the name. Overall, while the up-front costs and pre-screening clearance (the costs for a search and for the preparation, filing and prosecution of a trademark application) may seem pricey and unnecessary, as the gamer aims to grow and monetize their individual “brand,” the benefits that the influencer receives from protecting and establishing formal rights in their gamer-tag outweigh the money invested.
In fact, the added protection and ability to police infringing and unauthorized uses of a protected gamer-tag as well as to combat damaging impersonations and harmful imposters provides additional value to an individual. As always, the best advice is to obtain counsel from a competent professional experienced in the legal field and the industry to understand all the available options and to ascertain the best way to proceed to protect a gamer’s selected name and associated brand.
[i] <NINJA DESIGN LOGO>, U.S. Serial No. 98106683.
[ii] <DRLUPO>, U.S. Registration No. 5,970,881; <D DESIGN>, U.S. Registration No. 5,970,912.
[iii] <TIMTHETATMAN>, U.S. Registration No. 6,298,369; <TFUE>, U.S. Registration No. 6,115,926.
[iv] <FATAL1TY>, U.S. Registration No. 3,149,347; <NADESHOT>, U.S. Registration No. 5,540,561.
[v] <SHROUD>, U.S. Registration No. 7,115,643; <SHROUD DESIGN>, U.S. Registration No. 7,170,088; <SHROUD DESIGN>, U.S. Registration No. 6,640,309.
Author
The line between inspiration and imitation in the gaming industry has again sparked debate, this time involving Tencent’s title, Light of Motiram, and Sony’s Horizon Zero Dawn. The controversy highlights the ongoing tension in intellectual property (IP) law within gaming, echoing past cases like Palworld vs. Pokémon. Here, we explore these issues, their legal implications, and what they mean for the future of game development.
The Allegations Against Light of Motiram
Tencent’s Light of Motiram, bears striking visual and thematic similarities to Sony’s Horizon series. Both games feature post-apocalyptic settings where players navigate lush environments populated by mechanical animals. Critics have pointed out uncanny resemblances, from the aesthetic of mechanised creatures to thematic overlaps like “nature meets machine”. For a side by side comparison, see here .
While Light of Motiram distinguishes itself by introducing survival mechanics, such as team-based gameplay and base-building, it doesn’t escape comparisons. This raises the question: at what point does inspiration become actionable under IP law?
Fans have drawn parallels between this situation and the ongoing legal battle between Nintendo and Pocketpair over Palworld, suggesting Sony might consider legal action for intellectual property infringement. While Light of Motiram incorporates some original features, the resemblance in core design has led many to accuse Tencent of unoriginality and blatant copying. Neither Sony nor Tencent has officially commented on these accusations or hinted at legal steps so far.
A Familiar Pattern: Palworld vs. Pokémon
Tencent’s predicament mirrors the legal battle between Nintendo and the creators of Palworld. The latter faced allegations of patent infringement (among other IP infringements). Their game, which shares visual and mechanical similarities with Pokémon, has been called “Pokémon with guns” due to its concept of capturing and using creatures in combat and other tasks.
Nintendo and The Pokémon Company filed a lawsuit in September 2024 in Japan, claiming that Palworld infringes on patents related to mechanics like capturing creatures using a throwable object, visual indicators for capture success rates, and riding creatures in an open world. These patents stem from a broader set filed in 2021, before Palworld’s official release
There’s growing speculation about potential legal issues between Sony and Tencent. Given Sony’s history of protecting its intellectual property and the attention this controversy is garnering, a legal dispute similar to the Nintendo-Pocketpair case could emerge, especially if Light of Motiram proves successful upon release. For now, the gaming community is watching closely to see if Sony takes action or if Tencent modifies the game to address the criticisms.
Concluding Remarks
Legal disputes like these, underscore the challenges of fostering creativity while protecting original work. Developers tread a fine line when drawing inspiration from popular titles. While derivative works can expand genre boundaries, they risk infringing on protected IP, leading to costly litigation.
Whether or not Sony files a lawsuit (most probably will do so), the discourse surrounding this case will likely influence stakeholders’ understanding of the balance between innovation and IP protection—a critical issue as the esports and gaming industries continue to grow.
Light of Motiram – Steam
Author
The Routledge Handbook of Esports edited by Seth Jenny, Nicolas Besombes, Tom Brock, Amanda Cote and Tobias Scholz, offers a comprehensive and interdisciplinary exploration of one of the fastest-growing sectors in contemporary sports and entertainment. This handbook is an essential resource for students, researchers, and industry professionals alike.
The structure of the book is both logical and engaging, divided into ten key themes that address the multifaceted nature of esports. Each of the 62 chapters, authored by 93 leading academics and industry specialists, presents rigorous research, practical examples, and case studies that illuminate the current landscape of esports. The themes range from foundational definitions and historical context to critical discussions on players, business management, and the future directions of esports.
Chapter-by-Chapter Analysis of the The Routledge Handbook of Esports
Table of Contents
Section 1: Introduction to Esports
The opening chapters provide a solid grounding in the subject, notably Chapter 1.2, which tackles the complex task of defining esports. Nothelfer, Jenny, and Besombes navigate the nuances of this definition with finesse, distinguishing between recreational gaming and competitive esports. Their proposed definition serves as a cornerstone for the entire handbook, establishing a clear framework for subsequent discussions.
In exploring the history of global esports, Jin and Besombes highlight significant technological milestones and cultural shifts that have propelled esports from niche competitions to a global spectacle. Their chronological account, pinpointing key transitions since the late 1950s, contextualizes the evolution of esports within broader societal changes.
Further enriching this exploration is Chapter 1.4, which meticulously outlines the diverse stakeholders within the esports ecosystem. Carrillo Vera and Antón’s depiction of the interdependencies among players, publishers, broadcasters, and fans emphasizes the complexity of this burgeoning industry. This holistic view is crucial for understanding how various entities collaborate and compete in the esports landscape.
Chapters focusing on esports genres and the role of game developers provide valuable insights into the mechanics of the industry. Hamer and Besombes categorize game genres with precision, while Ashton delves into the evolving responsibilities of game publishers, notably their transition to the “Game as a Service” model. These discussions reflect the dynamic nature of esports and its continual adaptation to technological advancements.
Section 2: Esports Research
The second section of the handbook shifts focus to esports research methodology, a particularly notable feature as it addresses the nascent state of academic inquiry in this field. Baker, Sharpe, and Jenny’s overview of current research topics emphasizes the multidisciplinary nature of esports studies and suggests a robust framework for organizing future research efforts. While Jenny, Harris, Scholz and Besombes discuss the organisations, Labs/Centres and Journals related to Esports research, Campbell, Jenny, Cregan and Smithies provide general recommendations for Esports research. The call for more rigorous methodologies, including randomized controlled trials and qualitative approaches, is both timely and necessary as the field matures, as Cote, Foxman and Law highlight in 2.5.
Each chapter contributes to a greater understanding of the methodologies employed in esports research, providing practical recommendations and critical insights. For instance, Macey and Hamari’s examination of survey methodologies, along with DiFrancisco-Donoghue and Varga’s focus on experimental designs, equips researchers with essential tools to explore this vibrant field.
Section 3 – Esports Players
This section of the handbook highlights the vital role of players in the esports ecosystem, examining various facets crucial for their development, support, and sustainability. Featuring insights from both industry experts and academics, it presents evidence-based strategies aimed at enhancing player performance while prioritizing overall wellness. Chapter 3.2 by Hong and Wünsch offers an in-depth look at the daily routines and pressures faced by esports players, providing a comprehensive overview of their professional lives and the expectations from various stakeholders.
Jenny explores the essential skills required for elite esports performance, emphasizing the importance of physical coordination, mental acuity, and teamwork in competitive environments. Chapter 3.4 by Varga, Scholz, and Tan delves into the use of data to assess and improve player performance, highlighting both the strengths and limitations of analytics in capturing the nuances of communication and team dynamics. Watson, Jenny, and Johnson discuss the multifaceted roles of esports coaches, offering practical advice on coaching philosophies and educational pathways to enhance coaching effectiveness. Chapter 3.6 by Swettenham, Abbot, and Leis emphasizes the significance of mental fortitude in esports, presenting strategies for improving team communication and guidance on seeking psychological support. Migliore provides practical recommendations for physical activity, sleep, nutrition, and mental health, addressing common issues like stress and gaming addiction.
Chapter 3.8 by McGee, Ho, and Jenny highlights common injuries in esports and advocate for ergonomic practices to enhance player safety and performance. Meissner shares valuable insights on how to support children through various stages of their esports journey, from early involvement to professional aspirations. Chapter 3.10 by Fisackerly outlines the journey from casual to professional play, noting the impact of collegiate esports systems and the challenges players face in their careers.
Section 4 – Esports Business and Management
Section 4 of the handbook dives into the commercial landscape of esports, examining the business and management practices that underpin this rapidly growing industry. While esports have attracted entrepreneurs and investors, it has also faced challenges, leading to calls for more sustainable business models. This section seeks to bridge traditional business principles with the unique dynamics of esports, offering readers valuable insights into various aspects of the field.
Chapter 4.2 by Parshakov and Barajas explores the financial frameworks and business models that drive the esports industry. It highlights diverse revenue streams and cost structures, alongside the evolution of prize money, showcasing the financial maturation of esports and investment opportunities within publicly traded companies.
Gentile introduces the discipline of esports management, emphasizing the need for effective managerial and leadership practices in this burgeoning landscape. The chapter reviews organizational structures within esports teams and leagues, providing a solid foundation for aspiring managers.
Chapter 4.4 by Helmefalk, Berndt, McCauley, Borg, and Erlandsson serves as a practical guide to orchestrating offline esports events. It covers key processes and stakeholder expectations, equipping readers with insights to successfully plan and execute tournaments.
Kauweloa explores the evolving architecture of esports venues, categorizing them into three types. The chapter addresses the design and technical considerations that influence venue management, urging future research to rethink conventional definitions of esports arenas. Chapter 4.6 by Becka, Antón, Vera, and Ruera examines the intersection of esports and tourism, identifying how esports events can enhance city branding and attract tourists. It highlights nine global “esports tourist capitals” and the potential for integrating esports within the hospitality sector.
McCauley and Baker dissect the marketing strategies shaping the esports landscape. They analyse consumer behaviours and innovative branding techniques, offering a comprehensive overview of team and player branding as well as digital marketing practices. Chapter 4.8 by Pizzo and Hedlund delves into the critical role of sponsorships in esports, examining the relationship between endemic and non-endemic brands. It emphasizes the importance of authentic engagement to resonate with esports audiences and provides recommendations for maximizing sponsorship effectiveness.
Mitchell, Möglich, and Ritacco explore the evolving field of public relations within esports, discussing challenges and best practices. They highlight effective communication and crisis management strategies that are essential for navigating the complex PR landscape. Chapter 4.10 by Büßecker, Lenke, Ruhland, Vitale, and Scholz investigates unique HR management practices in esports, from talent acquisition to organizational culture. It emphasizes the need for tailored HR approaches to foster engagement and adapt to the industry’s distinctive demands.
Section 5 – Esports Media and Communication
Section 5 of the handbook delves into the pivotal realm of media and communication within esports, illustrating how digital athleticism is conveyed to audiences worldwide. This segment combines insights from seasoned practitioners and scholars, providing a thorough exploration of esports journalism, production, streaming, spectatorship, and fandom.
Chapter 5.2 by Wolf and Cote traces the evolution of esports journalism, detailing its transition from niche forums to mainstream coverage. The authors examine the challenges faced by traditional media, such as ESPN and Yahoo, in grasping the esports narrative, while also highlighting the rise of content creators as an alternative source of news and insights.
Knutson and Liebig discuss the intricate processes behind esports broadcasts, focusing on the livestreaming ecosystem. They outline the various roles involved in production and draw comparisons with traditional sports broadcasting, emphasizing the unique elements of digital content creation, audience engagement, and the technologies that drive profitability.
Smethers provides a deep dive into streaming platforms like Twitch and YouTube, along with traditional TV networks. Smethers explores monetization strategies, rights management, and the engagement dynamics unique to each platform, shedding light on the financial structures that support esports broadcasting.
Välisalo, Brock, and Law examine the evolution of esports audiences, from casual gatherings to structured events. They analyse demographics, motivations, and engagement practices, emphasizing the importance of real-time interaction and data insights in enhancing the viewer experience for both in-person and online audiences.
Jarrett explores the profound influence of fandom on the esports ecosystem, highlighting the symbiotic relationship between the industry and its fans. He discusses the origins of esports genres from fan adaptations and introduces theoretical frameworks from cultural studies to analyse fan identities, creativity, and the dynamic interactions that define esports fandom.
Section 6 – Esports Education
Section 6 of the handbook explores the integration of esports into educational settings, addressing both instructional and competitive dimensions. As a relatively new phenomenon, this section presents cutting-edge insights into how esports can motivate learning, improve student retention, develop digital literacy skills, and enhance essential life skills such as communication and teamwork.
Chapter 6.2 by Jenny, Gawrysiak, O’Hagan, and Besombes provides a global perspective on esports education at both secondary and higher education levels. The authors clarify a common misconception that esports education solely focuses on gaming skills, emphasizing instead the importance of acquiring knowledge relevant to various esports and gaming industry careers, such as management and media. They present a detailed inventory of academic programs, noting that most focus on preparing students for business-related roles in esports. The authors outline essential characteristics of effective programs, including qualified faculty and industry connections, while acknowledging existing scepticism about esports education’s sustainability.
Foxman, Jenny, Cote, King, and Becka discuss the environment and challenges faced by collegiate esports teams, highlighting both student-driven clubs and institution-supported varsity programs. Key issues include diversity, equity, and inclusion, as well as the lack of standardization across programs. The authors provide practical advice for establishing a collegiate esports program, along with insights from interviews that capture different regional perspectives.
Harvey offers a practical guide for developing competitive esports programs in primary and secondary education. The chapter emphasizes how esports can foster digital literacy and provide a low-risk environment for students to engage with technology while having fun. As students advance, competitions become more structured, and considerations such as staffing, resources, and game selection become crucial. Harvey advocates for a balanced approach that combines education, sport, and gaming, empowering students through their participation in esports.
Section 7 – Critical Concerns in Esports
Section 7 of the handbook tackles the complex challenges and pressing issues within the esports ecosystem, shedding light on eight key areas that demand further research and attention from both participants and organizations. This section provides a comprehensive overview of the critical concerns that shape the future of esports, including governance, ethics, inclusion, and environmental sustainability.
Chapter 7.2 by Abanazir and Shinohara addresses the rapid growth of esports outpacing its regulatory frameworks. The authors highlight the intricate relationship between game developers and third-party organizers, noting the lack of established governing bodies and the resulting fluid legal environment. They suggest that supranational entities like the EU could play a pivotal role in establishing coherent guidelines for esports governance.
Jenny, Schelfhout, and Besombes explore the potential inclusion of esports in the Olympic Games, outlining the challenges and opportunities involved. The authors stress the fragmented nature of the esports landscape, which lacks a legitimate international governing body, a significant hurdle for integration into the Olympic framework. However, they remain hopeful about the possibility of esports participating in the 2028 Games in Los Angeles.
Brock and Johnson investigate the role of gambling in esports, particularly focusing on contentious practices like loot boxes and skin betting. These forms of gambling raise ethical concerns and have led to public scandals and regulatory scrutiny. They emphasize that new technologies complicate the gambling ecosystem, introducing both opportunities and challenges.
Partin discusses the ethical dilemmas surrounding cheating in esports, arguing that it undermines the integrity of competition. The chapter examines the socio-technical factors that contribute to cheating, suggesting that players’ social and economic circumstances can influence their decisions.
Chapter 7.6 by Frommel and Mandryk delves into the pervasive issue of toxicity within esports communities. The authors highlight the ambiguity of the term and the challenges it presents in creating effective enforcement mechanisms. They discuss efforts by organizations to categorize toxic behaviours and explore the role of AI moderation in promoting safer online environments.
Friman, Ruotsalainen, and Ståhl tackle the cultural barriers that alienate women and minorities in esports, challenging the stereotype of the “esports athlete” as predominantly white and male. They advocate for initiatives that promote diversity and equity, highlighting organizations working to support underrepresented players.
Chapter 7.8 by Hassan, Baltzar, and Kämäräinen examines the barriers faced by gamers with disabilities and the need for accommodations. The authors argue for a more nuanced understanding of disability that considers intersecting factors such as socio-economic status and race, and they draw parallels to the Paralympics as a potential model for inclusivity.
Hiltscher and Möglich situate esports within broader environmental challenges, advocating for corporate social responsibility (CSR) to drive sustainability in the industry. They encourage esports organizations to invest in renewable energy and align with the United Nations’ Sustainable Development Goals (SDGs) to reduce their carbon footprint.
Section 8 – Global Esports Cultures
Section 8 of the Routledge Handbook of Esports offers a fascinating exploration of the diverse esports ecosystems around the world. While esports is often viewed through the lens of its origins in East Asia and North America, this section emphasizes the unique cultural, social, and economic factors shaping esports in various global regions. Each chapter provides critical insights into how esports is developing and operating differently across the globe, highlighting both commonalities and distinct differences.
Chapter 8.2 by El Borno and Mokhtar traces the evolution of esports in the MENA region, from grassroots tournaments in cyber cafes to its current professional landscape. The authors discuss significant challenges faced, such as infrastructure and investment, while also showcasing success stories like the Intel Arabian Cup, illustrating the region’s potential for growth.
Focusing on East Asia as the heart of the esports industry, Jin and Kim expand the conversation to Southeast and South Asia. The authors emphasize regional nuances, fan culture, and emerging esports markets, offering a holistic view of Asia’s complex esports landscape beyond just the established powers like China and South Korea.
Koskimaa examines the dual trajectory of European esports: its integration into broader digital entertainment and the sportification of competitive gaming. The chapter highlights regional variations, popular titles, and the impact of local fandoms, providing a comprehensive picture of Europe’s diverse esports culture.
Micallef and Formosa discuss the mixed history of esports in Oceania, particularly in Australia and New Zealand, noting both advancements and setbacks, such as the cancellation of the Oceanic Pro League. The authors identify unique challenges, like geographic barriers and market size, while emphasizing the growth of university esports programs as a bright spot.
Chapter 8.6 by Scholl and Stout offers a critical analysis of the North American esports scene, detailing the influential role of organizations like Major League Gaming. It explores the intricate relationships among game publishers, streaming platforms, and traditional sports leagues, highlighting the interconnectedness of esports cultures in the U.S. and Canada.
Focusing on Brazil, Argentina, Peru, and Chile, Macedo, Kurtz, and Becka discuss the growth and diversity of esports in South America. They address challenges such as governance and gender equity while identifying trends that could shape the future of esports in the region.
Overall, this section effectively captures the rich tapestry of global esports cultures, emphasizing that while esports is a worldwide phenomenon, its expression is deeply influenced by local contexts. The inclusion of tables summarizing key leagues, publishers, and games further enhances the readers’ understanding of each region’s esports landscape.
Section 9 – Esports Future Directions
Section 9 delves into the uncertain future of esports, acknowledging the inherent unpredictability of the industry. Jenny, Brock, Scholz, Cote and Besombes provide a thought-provoking analysis of potential trends and sustainability challenges facing esports, encouraging readers to engage in discussions about its direction.
The chapter begins by reflecting on recent developments, such as the dissolution of the Overwatch League and changes in collegiate esports structures. These events exemplify the volatility within the esports ecosystem and the difficulty of making long-term predictions. By examining past predictions, the authors provide a foundation for understanding how external factors, such as the COVID-19 pandemic, can drastically alter the trajectory of esports. The authors emphasize the need for sustainable practices across economic, social, and environmental dimensions. They argue that without addressing these sustainability challenges, the future of esports remains precarious, echoing concerns about overreliance on sponsorship and the need for diversified revenue streams. Predictions regarding future technological advancements in esports venues, streaming, and training highlight the importance of adapting to evolving consumer preferences and market demands.
Section 10 – Key Terms Definitions
Section 10 offers essential definitions of key terms relevant to the esports field, providing a valuable resource for both newcomers and seasoned professionals. This section enhances the handbook’s accessibility and understanding, ensuring that readers are equipped with a solid foundation of terminology as they engage with the broader discussions presented in the previous sections.
Conclusion
The Routledge Handbook of Esports provides a comprehensive examination of the esports industry, from its diverse global cultures to the challenges and uncertainties it faces. The insights and analyses presented are essential for understanding the current state and future possibilities of esports, making it a vital resource for anyone interested in this rapidly evolving field.
While the handbook touches on esports governance and law in Chapter 7.2, a more comprehensive examination of esports law could be beneficial. For example, adeeper dive into how intellectual property laws affect game developers, players, and tournament organisers, contractual agreements, labour law considerations, legal implications of streaming and content creation, and dispute resolution mechanisms would provide a more thorough analysis of the legal challenges and frameworks within the esports industry.
Author
The international full service law firm CMS has provided comprehensive legal counsel to the Esports World Cup Foundation in organizing the first-ever Esports World Cup (EWC), set to take place in Riyadh, Saudi Arabia, over eight weeks from July to August 2024.
The Esports World Cup is poised to make history, with over 1,500 players from more than 60 countries competing in 21 of the world’s most popular games for a share of a record-breaking USD 60 million prize pool.
“This is a monumental event in the history of esports,”
commented Ralf Reichert, CEO of the Esports World Cup Foundation.
“We are witnessing the convergence of gaming and sports as universal languages, uniting the global community through competition, advancing the esports industry, and fostering growth across the entire network.”
A global CMS team, led by Dr. Pietro Graf Fringuelli and Samuel Oustayiannis, consisting of over 30 lawyers from Germany, the UK, and Saudi Arabia, provided legal advice on all aspects of the EWC. This included team agreements, tournament rules, sponsorship contracts, media rights distribution, and partnerships with game publishers.
Dr. Pietro Graf Fringuelli, Partner at CMS Germany and Co-Head of the international CMS Technology, Media & Communications Group, stated,
“The esports industry is growing at an astonishing pace, drawing record numbers of viewers worldwide. The EWC will transform the entire esports landscape and contribute to developing a sustainable ecosystem.”
The Esports World Cup, supported by major sponsors like Sony, TikTok, Amazon, Adidas, Pepsi, and MasterCard, is an annual tournament series featuring over 450 teams globally. The event is accessible to both professional esports players and gaming enthusiasts, with broadcasts on television and streams across various digital platforms. Featured games include League of Legends, Call of Duty: Warzone, Counter-Strike 2, EA Sports FC 24, and Fortnite.
CMS Partner Sam Oustayiannis, leading the UK team on media rights and partnerships, added,
“The Esports World Cup is a unique event attracting significant interest from competitors, sponsors, and the media. We’ve assembled a collaborative team across multiple offices to cover all legal aspects, ensuring a successful and enjoyable event. We eagerly anticipate the future of the Esports World Cup!”
The EWC continues in Riyadh until August 24, 2024, marking a new chapter in esports with CMS playing a crucial role as the legal advisor to the organizers.
CMS Legal Team Overview for Esports World Cup
CMS Germany
- Dr. Pietro Graf Fringuelli – Lead Partner, TMC (Technology, Media & Communications)
- Dr. Sebastian Cording – Partner, TMC
- Dr. Markus Häuser – Partner, TMC
- Dr. Patrick Ehinger – Counsel, TMC
- Dr. Fiona Savary – Counsel, TMC
- Dr. Felix Glocker – Senior Associate, TMC
- Georg Schneider – Senior Associate, TMC
- Lara Grünberg – Associate, TMC
- Dr. Malte Bruhns – Partner, Corporate/M&A
- Dr. Henrik Meurer – Associate, Corporate/M&A
- Dr. Martin Gerecke – Partner, IP (Intellectual Property)
- Dr. Tobias Nasr – Senior Associate, IP
- Dr. Robert Budde – Partner, Commercial
- Phillip Bubinger – Counsel, Commercial
- Prof. Dr. Björn Gaul – Partner, Labor, Employment & Pensions
- Victoria Kaule – Counsel, Labor, Employment & Pensions
- Hanna Hamacher – Senior Associate, Labor, Employment & Pensions
- Thomas Gerdel – Partner, Tax
- Dr. Hendrik Arendt – Senior Associate, Tax
- Christoff Soltau – Partner, Antitrust, Competition & Trade
- Dr. Denis Schlimpert – Counsel, Antitrust, Competition & Trade
CMS Saudi Arabia
- Mohammed Aldowish – Partner
- Wala Alawajy
- Sara Alsaud
- Reem Alsmail
CMS United Arab Emirates
- Ben Gibson – Partner
CMS UK
- Sam Oustayiannis – Partner
- Rebekah Hayes – Partner
- Coralie Barker
- Georgia Clark
- Harry Hall
- Laurel O’Dell
- Carter Rich
- Hamish Temporal
- Daniel West
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