No trying to fan the flames, but are these headers truly trademarked? How so? Is 'BBG' trademarked? (I know, the fuel additive is BG.) Is 'ACRX' trademarked? There is an old slogan in law...'caveat emptor' (let the buyer beware). Another slogan...'imitation is the sincerest form of flattery.' BBG should be proud that its product is being copied, and tout it's quality over the competition.
Boxer12,
I'd be interested in getting your legal opinion on this. I think the real problem is just not that the headers or whatever was knocked off, it is being marketed using the same name.
So here is my "fear" in this situation. Let's say an ex Corvette owner wants to have a better track weapon and buys a 2009 Viper Coupe and puts on aftermarket "ACR" wings, splitters, etc to make it look like a real ACR. Being a new Viper owner, he buys them at the best price on Ebay but they are marketed as an "ACR Areo Package", he thinks they are original because of the name...they look the same, etc. He installs the kit, upgrades his suspension, etc and goes to the track.
You, in your real ACR are following him at speed at the end of a long straight. His fake ACR wing collapses just before the braking point and comes flying towards your real ACR, cutting your front tire and causing you to slide into the wall at a high rate of speed. This is where I see the danger of fake parts marketed using the same name. These aren't mini vans, they're near full on race cars with huge potential in acceleration and speed. A lot of people who buy Vipers have others wrench on them and just tell their tuner, "make it a track weapon" and trust that guy puts on the right product. There are just too many variables if fake parts are allowed to be named like the real race proven part. Buyer beware is true, but as we've seen with fake prescription drugs, etc...there is just no way the public can keep an eye on everything and vouch for it's authenticity if it's mis-represented. We have a lot of government agencies that chase these threats and still can never catch all of them.
I just see too much liability for both Dodge and the manufacturers of the real race products if this "mis-labeling" is allowed to continue on these knock-offs.
Even something as "safe" as headers can cause problems. You just spent a good chunk of change to have DC Perf do your heads, intake, etc. What if your "fake" headers cracked at the weld where the pipe meets the head flange...could it burn your valve during a 20 minute track session? What about that tacked on merged collector spike, what if it breaks off and comes out the exhaust, again cutting a tire down at race speeds? I know that these are a lot of "what ifs" but at least if the parts are marketed by a different name and not represented as the real race proven part, that would at least allow a person to make the correct decision and then "buyer beware" really comes to some sort personal responsibility.
In my experience, Chrysler is very quick to sue if trademarks are infringed. Back when the H3 Hummer came out, Jeep put up a fit because they both had the same number of vertical slates in the radiator grill. And if IIRC, Jeep won the decision. In todays world, patent infringements are slow to stop a product from being marketed. But trademark infringement will get stuff shut down right now. There are a lot of containers sitting at the Port of Long Beach that are in limbo because some judge shut down the importation of that product because of trademark infringement. Think fake Coach bags, Prada shoes, etc.
I don't know if BBG is trademarked, but I'll bet that any name on the side of the car is (Viper, ACR, ACRX, SRT etc). I would think those names are owned and protected by Dodge.
So, from a legal standpoint is it wrong for fake parts to be marketed under the original name?....isn't there any legal recourse here for either BBG or Dodge to get these fake parts stopped?
Good luck with your 2011 race season...I just flew over Colorado and it looks very white! I can't wait for spring to come so we all can get some driving time in
Cheers,
George