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Does Dale know about this? Does he have a patent on his Air intake? At any rate they should not be using “Same as the popular TYMAR intake” in their advertising I would think.
Funny thing is that is the same intake for my truck and it costs more than the Tymar. From what I've heard at The Diesel Stop he is making people stop selling things on ebay and other places that use the word Tymar.
From a patent perspective, (if it can patented) he can get a two year temporary as long as he is applying for the patent.
Since the intake can be easily made from standard, off the shelf components and there are no proprietary methods of construction or uniqueness to the intake design, it may be difficult and/or expensive to obtain a patent on the Tymar style intake.
He (Dale) can trademark his name or company name, logo, etc. Then persue those using his name "Tymar".
The Tymar name is a registered trademark. I don't think the intake is protected, but the use of the name is. I don't think Dale really cares about people making their own systems (especially if they sell them for MORE money), but I do think he cares about people using his trademarked name. That's what I've heard he is pursuing.
I have a couple of businesses that have "state" registered trademarks. That does not keep another individual or company from using it another state unless it registered as a nationwide trademark. (been a while since I did all of this crap)