I think the scam is that you think you are dealing with one group of people selling a product, based on the brand, and you are really dealing with a completely different set of folks, and an inconsistent product they aren't very involved in.
For example...
V-Moda Vibes were designed and manufactured by OVC, until OVC started selling the same phones for much less. V-moda switched vendors and now you have a many different versions of the V-Moda Vibe, all kinds of QC problems, etc... and V-Moda charges $80+ for copies of copies of what was a 'tuned' OVC earphone in the first place. By 'tuned' I mean "moar bass plz!"
V-Moda's influence on the product consisted of getting really particular about the color on the package, and demand 100% quality from OVC, and then flipped out when OVC decided to sell the product they designed and sold anyway. So knock off of a cheap headphone is Rev. 2 of the Vibe. That fell apart regularly, so Rev 3 was a knock off of a knock off... and so on...
And paying $100 doesn't mean its gonna sound good, or be designed by anyone involved with the brand.