SI games and EA are worlds apart when it comes to revenue.
They are in the same category of games. Sports. You can argue that 'subcategory' of games matter, but Intellectual Property is designated by name and industry, not category of industry. Logo and likeness are more broad encompassing. For example you won't find a "Nike Drycleaning"
Konami PAY Manchster United money to license the name and likeness in gaming and entertainment. The club can't ignore that other players are using the name for commercial profit when other players pay.
Where do we even draw the line?
Commercial licensing. That's where we draw the line.
By this logic, nobody here on redcafe should be allowed to use the word Manchester United without paying United to be able to do so.
You and I use the Manchester United name in conversation, I do not profit from a commercial product I don't license.
Would youtubers have to stop using Uniteds name or wearing United merchandise on their videos because they’re making money whilst wearing United gear without giving United a cut.
YouTubers are generating commercial profit from the Manchester United name through fan association, but they are fan channels that contribute to the clubs potential own commercial growth. They do not pretend to represent the club in an official capacity. Plus fanclubs (official clubs endorsed by the club) and unofficial clubs have decades long traditions of excisting in the same sphere and is not subject to the same commercial scrutiny as a company that sells physical and digital goods. For the Youtube presenters to wear Manchester United gear they've bought is of course preferable to wearing anything else. The club already received their small% cut and revenue from the apparel sponsorship with their commercial partners. Websites that sell Manchester United products have made licensing deals with the clubs relevant commerical partner for the right to use the name, logo and playernames on products they sell.
So why even sue now?
Well, in reality the club should have sought a deal with SI a long time ago. Manchester United is a trademarked name and global brand with certain responsibilities pertaining to its Intellectual Properties. For example the name and logo are commercially trademarked:
https://www.trademarkia.com/company-manchester-united-football-club-limited-4844924-page-1-2 - The growth of the market and global reach have prompted the necessity of such an action. The PES games are a great example of commercial licensing rights to names, logos and likeness.
The Manchester United football club is also a trademarked commercial entity and
must challenge all uses of its name and likeness if they want to control their Intellectual Property rights. If the club does not challenge SI on its use of the name Manchester United and contracted player names, they can risk forfeiting the opportunity to commercially license the name thorugh acquiescence.
You're also overestimating how much time the club dedicates to this particular topic. It's simply been forwarded to the teams legalteam that are retained to do a job anyway, no resources that could have gone anywhere else were spent.
Manchester United challenigng SI in litigation does not meant that they burn any bridges with the company, it simply means that they are aknowledning that they have a obligation to protect their IP so it can't be used in unlicensed commercial works. The club will effectively forfeit the opportunity to license the name if they do.
So no, the club and its representatives are not being "daft". They're adults that know what they're doing.