[bri3d]

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.