Warlock279 posted at 8:25PM Mon, 29 August 2016 - #4281078

SinnerSaint posted at 3:53PM Thu, 25 August 2016 - #4280369

Smart artists would have simply removed all the words BMW from description and titles, and they would be safe.

Not true in the least. They'd also have to remove the BMW logo[s] from the model, and I'm sure the BMW grill would be actionable under trade dress. There are likely some other aspects of the car, if not the car as a whole that might be actionable under trade dress as well but that gets a little murkier.

I'm sure they do have the grill and some other aspects trademarked, but all it would take is just a few simple changes to the model. We're talking about a car company suing artists who made digital representations of their vehicle, not actual physical items, so I can't imagine damages for such a thing holding up in court, although I'm not a lawyer and crazier things have happened. I'm sure they will be forced to remove the products if they haven't already, but that should be all. If nothing else, BMW brand was getting FREE advertising from these models. There's no way it was hurting their bottom line, so I can't see them seeking damages.