Can I conclude this is counterfeit? Meaning, not open source clone, but flat-out trademark infringing counterfeit?
Counterfeit? No as I don't think it's possible to 'counterfeit a board design that was published and released as open source. People/companies are free to manufacture and sell clones based on the released docs.
Trademark infringement? Almost certainly and that is limit of any 'illegality' involved.
Can I do anything about it other than yell at Amazon and write a nasty review that they won't print? Maybe donate the damn thing to a lawsuit for evidence or something?
Probably not, as you most likely have no legal standing to sue for trademark infringement. I would think only the Arduino 'company' could peruse such action. But then maybe Amazon could be charged with misleading advertising by allowing the offer to be placed on their site, assuming you could prove they were aware of the trademark infringement from the supplier?
Note I stopped buying from Amazon and just placed an order on this web site yesterday. I am only now making discoveries about things I ordered before my education happened.
I just wanted to be clear that making and selling clones of open sourced hardware designs is not in itself illegal or even immoral. But clearly using someone else's registered trademarks and brand names is.
Lefty