I'm pretty sure they have it manufactured in China (like everyone else these days) . To give you some background, Ouya is actually a Kickstarted project. They designed the Ouya from scratch - even the controllers and main body which they paid a designer to do. The PCB was designed in house by one of their employees. So it's not like something designed and made by someone else that they are private labelling. It's a somewhat different scenario.
I understand, but that doesn't mean that the Chinese manufacturer did not sell the product under a different name to Media Cube. It also doesn't mean that Ouya didn't accidently give the Chinese company the right to sell the product to others, or even the right to sell the product in other countries (in exchange for a favorable deal for manufacturing) and someone in another country sold it to Media Cube. It is actually very unlikely that Media Cube is buying the product from Ouya and rebranding it. It would not be profitable for them. It is far more likely that they are either buying it directly from the Chinese company and/or from a distributor abroad. In other words, Media Cube may not be intentionally infringing at all...it may be the Chinese manufacturer who is committing malfeasance, if there is any malfeasance at all.
I could give you all kinds of examples of how this has happened in the past, with products you might be familiar with, but that would turn this post into a book. Suffice to say that while there may legally be infringing going on, there might legally be no infringing going on at all. Somebody may be breaking either US or Chinese law, or nobody may be breaking any laws at all. It all depends entirely on the contracts between the parties.
And also...that is the danger in a company deciding to manufacture their products abroad in a factory they don't control...with contracts drawn in multiple languages.
