I’m not a lawyer (I don’t even play one on T.V.) but it has always been my understanding that if the actual physical dimensions (i.e. scale) of a product are different than the original, even if the proportions are the same, that it is considered to be a completely different item - legally speaking.
However, I suspect it is not as simple (and commonsensical) as that. We are talking lawyers here!
Whatever happens. MTH’s lawyers will make a lot of money and Woodland Scenics lawyers will make alot of money.
BUT!!! - Only if you buy MTH or Woodland Scenics products.
I am not suggesting anything so impolite as a boycott, but so far I have lived a long and complete life, model railroading and otherwise, without ever purchasing a product carrying either brand. Now I have one more good reason to continue that practice.
Incidentally, I believe that the legal principle here has something to do with design copyright - which is why GM, Ford etc. can insist on licensing the designs of their scale model copies - and why you will never see a commercial UPS truck model.
I smell a rat. I just have a bad feeling that MTH set this up to draw WS into a trap. Just guessing, but I would imagine that MTH is larger and can better afford a lengthy lawsuit. They can afford to litigate this forever, while WS might not be able to.
Maybe MTH copied their versions of the WS structures because the WS structures looked good on either DC or DCC layouts, but didn’t look good with DCS? [:P]
I don’t have a problem with lawsuits IF an individual or company knowingly did something wrong. But with MTH’s past, if their business philosophy is using lawsuits to RE-DISTRIBUTE WEALTH, then they are nothing but crooks. Sadly, I don’t think Woodland Scenics is going win this one.
UPS
Walthers Part # 526-58008, p. 742 Walthers 2010 HO Scale Reference
HO scale, $28.95, currently in stock at Walthers
This product is on-sale today for $24.98