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I do think that a lot of people are being priced out of higher end new bikes
Fairer to say that manufacturers are pricing their higher end bikes out of reach. Because as above the higher end has gone through the roof. Because they realised that as cycling became fashionable amongst people with money, they could keep adding models and people would keep coming forward to buy them. Those people are funding R&D and manufacturing that trickles down to more normal stuff.
How different does the labelling have to be? Would a white brand logo (OEM) vs yellow (AM) be enough?
A good example of a misconception about OE - tyres and what maxxis does - White is (for now) OE only, but yellow isn't aftermarket only. Maxxis offer white to keep pedantic colour matching bike speccers at companies making bikes happy, not because thats what OEs get. As an OE you can choose the colour of the logo to suit you. We buy yellow so we can mix in aftermarket tyres that we don't want hundreds of, but we could have white, or both.
My point being there's no examples AFAIK of people labelling two products as the same, although as Kelvin says its possible to get confused if you don't know the difference.
Satisfying little Maxxis tidbit there, thanks Ben.