Yes, the Jaguar story is very illuminating. Being owned by a large foreign conglomerate means they don't have a real connection with the owners of their vintage cars. They see the heritage of the old cars as a way to keep brand awareness alive in a way their new soulless production cars don't. They took on a retired couple who loved Jags and made a replica racer themselves to complete their collection rather than one of the many shops that have made reproduction cars, some for Jaguar themselves because they figured they would easily win the case and set a precedent. One commenter to the article above said:
If you will recall the suit " Shelby vs. Factory Five Racing " , Shelby lost for the sole reason that the Replica Cobras were produced for decades by other companies and FFR. Shelby never went after them and even confirmed their existence by signing them " for a fee " then decided to sue and lost.
We can use "Xerox" and "Kleenex" generically because they didn't defend their IP. Shelby lost their case for the same reason. Laws are different in Europe, so our cases may not have any bearing but I hope the couple could win on appeal.
Regardless, I have no doubt that BMW is a large corporation who's allegiance lies with their owners and stock holders, not the likes of you and I. They may not support the old cars like we would want, but they don't want amateurs muddling the brand image. Look at the prohibition of car clubs from using the BMW roundel in their newsletters. The fight over Intellectual Property has just begun. As corporations start to realize there is great value in their history, and the nostalgia they can generate around it, they will defend it more aggressively going forward. Especially since it's increasingly easy to find IP violations. Web bots crawl the internet continuously making it a matter of a few keystrokes to find results. Sure, they have to dedicate resources to follow up, but those aren't even a rounding error for the big guys, but for a couple in Sweden, it meant the sale of their cherished car collection and possibly the lost of their house. Just business as far as corporate is concerned. I wouldn't want to be in their position, and that's just what the big boys want me to feel.