Entertainment money comes from most people's discretionary funds. Money spent on a movie is not available for a book or game. At some point, there will be no sale because there is no money available. Either one then "pirates" or goes without. The effect is the same no sale.
Typing was a skill that many professionals did not master before ubiquitous computers. However, they did write letters, articles, etc using a pen and paper. Typing was done a typist who had to read the chicken scratching.
The claim that a specific law was needed is often bogus. Generally there are already laws that can be applied with a little bit of work by the prosecutors. The Enron executives were convicted of various financial frauds with laws on the books at the time.
Answer to your question: Both, she is involved as evidenced by her lack of action in response to the mess. Also, the "entertainment" industry is rife with egotism, fraud (Hollywood accounting), and venality.
Truthfully, even without a trademark the company name will probably suffice for customers. Aspirin was once a US trademark but is the generic term for product and customers do not seem to be confused by it. The goal of trademarks is to protect customers for being confused by knock off products.
There is a book (Three Felonies a Day I believe) that says the average person commits three felonies (or more) everyday. The reason is there some many regulations, such as environmental regulations, the average is largely ignorant of and thus accidentally violates routinely. Thus anyone could be charged with a felony if a prosecutor decides you are worth the trouble to go after.
I think this is more of money grab because EA got a good deal many years ago. Now, there is some serious money made from these games the "victims" are crying foul because they are not getting what they believe is their fair share of the loot.
The is really is whether there is a series of valid contracts that allow the use of the player's likeness plus the fact that athletes are often considered public figures so their likenesses can be legally used in some situations.
I often read the comments on stories and find they often bring more depth and insight to the article.
What most sites w/o comments fail to realize is that a well written article can generate insightful remarks that the author did not have the time to address. The result is more time on the sight, page views per visit, and more value to the advertisers.
The problem is that local governments have granted monopolies to cable companies so there is no real competition for cable only between different technologies. In some areas there is real competition because the technologies have roughly the same capabilities while in many there is only game in town if there is one at all.
I have always wondered what the typical sales curve of a book, recording, or movie is. My suspicious is that peaks a few weeks after release with 95% of the sales occurring within about 3 years and 99%+ after 5 or 6 years. Thus, any sales after about 10 years are highly unlikely. Of course the copyright maximalists will point to the few works that are "classics" and still sell decently decades after release claiming, falsely, this it the typical sales behavior.