Earlier quoted context omitted.
Not even. Competitors are (as far as I know) welcome to use iTunes' xml database and files. But they are not allowed to label themselves as iPods, especially on user-facing interfaces. That's exactly what the Pre does, and it's a clear and blatant infringement on Apple's marks and trade dress.
A device identifying itself as an iPod in a protocol is no more "blatant infringement on Apple's marks" than it is when every modern browser puts Mozilla/4.0 in its user agent.
If for Internet Explorer to ape Mozilla/4.0 compatibility, it had to momentarily change its name, icon, and all user-facing interfaces to match Firefox so that one could not distinguish between an actual instance of Firefox and the "IE-in-fox's-clothing", you can bet that the Mozilla foundation would be peeved. Aside from legal considerations, what if IE-with-firefox-dress crashed all the time and people wrongfully blamed Firefox for this sorry state of affairs?