RedscopeI am not sure you are quite understanding the law here.
Take Cuthbert the Catapillar” the legal problem was not that Aldi where selling a catapillar cake lots of stores did at the same time. The problem was the how alike it was the original M&S one. From the design and color of the box to the design of the cake, the face was the same the eyes where the same, the placement of the smarties on the top was the same. Side by side clear ones was trying to copy the other.
M&S won because Aldi backed down before the case and had to change the design of the cake. Its still a catapillar cake but it does not look like the M&S one as much.
Look at the Nathaniel against the actual model. Its not that people think downloading an STL from a website is the same as buying Sammael from GW but clearly it is enough the same as people would confuse the product side by side. He is trying to pass it off as another companies product.
Here again is how it is defined
Misrepresenting one’s goods or services as being those of another business to take advantage of their reputation and goodwill.
Has he created the model to take advantage of GW reputation and goodwill. Basically are people buying in direct replacement of the GW one ? Well yes very clearly that is the case.
When you say
“So the GW argument is simply “this looks too much like our stuff, so he shouldn’t be allowed to sell it”. Which is a very dangerous precedent for a company”
Really ? You do understand this is the law ? You cannot just copy other companies products ? I am not sure what you are trying to argue here ? You cannot sell fake rolex watches or knock off nike t-shirts. This is already law. Precedent has been set on this matter already. You can still sell watches and t-shirts just not ones that are very clearly a design from another company.
I think like him you dont really understand this is not just IP/copyright this is commerical law under the EU and Italian legal system. This could be a criminal case against him not just a please stop using our IP. You legally just cannot rip off another companies design you have never been able to do that.
Let me be clear about this you cannot design and sell marvel figures or Star wars ones or anyone elses IP. That is the law. This is not testing the water in a new case or breaking new ground. This is using existing laws we have in place.
We all knew this was never legal. You honestly cannot look at his models and tell me you dont see the issue lol.
