It's probably not legal, but Apple's options to stop it are limited.
If Apple really wanted to, they could probably get an import injunction against these devices like they've done with HTC and Samsung over phone IP issues (with varying degrees of success: http://www.pcworld.com/article/257109/samsung_htc_spar_with_... ).
Then it'd be up to the customs office to actually catch shipments of these into the US - with HTC and Samsung, it's easy, as they properly declare the contents of their shipments and try to remain above-the-level. With Chinese sellers shipping individual units to US buyers, it's unlikely a customs officer would notice or care - just another random electronic good marked as a "Gift: Electronics Item" on a custom form.
Apple could also try to prosecute the manufacturers in China but their success in that endeavor is highly unlikely.
So basically, it isn't legal, but don't expect that to stop these devices from showing up at your door if purchased from eBay and other online sellers.
Your question is confusing. Are you under the impression that Apple has somehow gained legal protection for all aluminum clamshell laptops of a certain colour scheme?
It's a laptop. Why wouldn't it be legal?
On a vaguely related note, the plaintiff lost in both Apple v. Microsoft (35 F.3d 1435) and Lotus v. Borland (516 U.S. 233). It would appear that you can neither patent nor copyright Look and Feel.
It's not the clamshell design that's the problem, I think. I think it's other parts, like the charging apparatus.
The magsafe-like charging connector is pretty much identical in appearance to Apple's design. I would be surprised if Apple doesn't have an industrial design patent on that.
The keyboard is similar, but I don't think there's a problem, considering all the other Chiclets-style keyboards out there.
There is significant prior art around larger-than-Apple-magsafe magnetic-attach power connectors - if you ever used a Japanese-made domestic deep fryer in the 80s or 90s, you'll have noticed the same concept. Design IP is a different matter of course.
If Apple really wanted to, they could probably get an import injunction against these devices like they've done with HTC and Samsung over phone IP issues (with varying degrees of success: http://www.pcworld.com/article/257109/samsung_htc_spar_with_... ).
Then it'd be up to the customs office to actually catch shipments of these into the US - with HTC and Samsung, it's easy, as they properly declare the contents of their shipments and try to remain above-the-level. With Chinese sellers shipping individual units to US buyers, it's unlikely a customs officer would notice or care - just another random electronic good marked as a "Gift: Electronics Item" on a custom form.
Apple could also try to prosecute the manufacturers in China but their success in that endeavor is highly unlikely.
So basically, it isn't legal, but don't expect that to stop these devices from showing up at your door if purchased from eBay and other online sellers.