Since the similarities between these cars and the WBB cars are so blatant, I would be inclined to think Bachmann given its Goliathic position in the model train industry would be investigating this. Might be another Lionel/MTH trade theft scandal all over again. 
Well........the business world is a strange place at times......
I have no inside info on the Bachmann vs Menards debate....
I can relate it to a incident we encountered in the plastic model field.
We wanted to produce a kit of a a famous and popular NASCAR driver. We set a meeting with the team owner and driver....they told us NO on a license. It was because the car sponsor was an 'adult' aimed product and they had gotten pressure from parents groups to drop said sponsor. But they did say, off the record, IF we produced a plastic kit....they would not come after us nor would the sponsor. They wanted a kit to be produced. Kinda permission to bootleg as such.
So sometimes things are not 'investigated' because it is more beneficial than negative.
Not saying that's whats going on here.....what is only a very few do. But things are not as they look much of the time.
The Menards cars are very good clones from pics I've seen.....
