The arrangement for the Blue Class 86s I commissioned was that I had a rolling 2 year exclusivity to the livery, there was no mention of the tooling.
"City of Carlisle" and "Glenfiddich" was released in May 2010, so Dapol could not do a BR Blue version for themselves, or anyone else, until May 2012. Had I then done a 2nd series within that time, the 2 year period would have been reset for when the 2nd batch came out. Obviously that never happened.
Therefore, as things stand, Dapol are able to use whatever tooling and livery they wish which related to the C&M Models 86s, as per our agreements