maxxxmodelz opened this issue on Aug 13, 2016 ยท 17 posts
Warlock279 posted Mon, 15 August 2016 at 4:53 AM
Not surprising, and probably long over due, far too many people playing fast and loose with both trademark and trade dress, and I can't imagine the digital marketplaces selling these models aren't aware of it. There's a BIG difference between modeling a car for your own use and selling said model when you don't have the rights to do so.
Be interesting to see how it plays out [without knowing if BMW has sent cease and desist orders to TurboSquid, or what other actions may have transpired prior to filing] I suspect the likely result will be the removal of infringing models, and perhaps TS is a bit more vigilant of what models are uploaded in the future.
I don't see any way BMW will get the all restitution they're seeking tho for a couple of reasons. Its a different market than BMW usually trades in, ie BMW doesn't produce and sell 3D models, which undermines, to an extent at least, their claim of lost revenue. Secondly, BMW has seemingly turned a blind eye to this for, what, considerably more than a decade now? Its not like this is something that just started, its been going on as long as TurboSquid has been around and its hard to believe this is the first BMW has become aware of it. Lastly, I can't imagine TurboSquid's ToS doesn't have a blanket clause stating that the uploader of the model assures TurboSquid that the design is their own, or that they have the appropriate rights to distribute said design.
Still should be interesting to see how it plays out, and what sort of precedent it sets for digital marketplaces going forward.
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