This was the seller: http://stores.shop.ebay.ca/wgbstore__W0QQ_armrsZ1
In hindsight I should have known better when i saw the "made in china" on the photo... but I did checked the feedback previous to mine, and I did not see any negative feedback left for the arduino controllers (there was negative feedback left for other products; and it looked like stuff where buyers did not look at the description at all and were surprised at what they got).
If you go check the seller now, you will find my negative feedback left, after at least of dozen other positive feed back for arduinos.
I did test the "arduino" I got, and it seems to work fine off usb; but I think I have an issue with the voltage regulator; as led's get noticeably brighter using a 12V adapter (wallwart) and my stepper motor (using the adafruit motorshield) get burning hot when I use the 12v adapter... (they are suppose to run at 5v)
As for fixing it, I may change the voltage regulator; I have already using my soldering iron to carefully melt the solder joints, and try to clean up the mess. It was only the through soldering that was a mess; all the smt stuff looked fine to me atleast. I'm not the best at soldering, so if I see soldering and am compelled to fix it, it is saying something.
My thought on the fair use of the name is that I understand that it is frowned upon to make a microcontroller and call it like "Arduino Cool Version of Awesome"; might not be necessarily violating trademarks or anyhting, but this seller clearly uses the "Duemilanove" name, and no where mentions "compatible".
It would be like I owned a hamburger place where I started selling "Mac's Big Burger" and served it in a box and made it look like a Big Mac; that would be frowned upon. But I think it would be completely wrong if I sold something called a "Big Mac".
This my first experience with doing anything with microcontrollers, and my only arduino board; I am thinking of buying a second board from a more reputable source though...