Originally Posted by Andy M
how do you know that the paint wasn't damaged during shipping and the dealership actually got it repainted to cover up the damage?
This happens more often than most people would think. These cars travel a lot of distance from final assembly point to point of sale. Unfortunately, it is perfectly legal for dealers to conceal or fix any damage to a new car and sell it as brand new, without disclosure to the buyer.
But I think that's somewhat irrelevant in your case. It looks like whatever happened (be it a repaint repair or something from the factory), this shouldn't be happening - especially in more than one place. I can understand BMWNA not caring much if it's only one location (they can pass that off as road wear easily), but two locations and you have a legitimate argument.
The odds of two rocks hitting the paint in exactly the right way to affect just the clear coat is astronomically high. Stop by when your dealer asks and see what they will do. If that doesn't work, it may be time to give BMWNA one last try (offer to send them pictures directly) then consult a lawyer.