Affiliate Marketing Secrets

If you are browsing eBay, and see a listing that explicitly states that you are buying a custom Xbox controller, not affiliated with Microsoft in any way, when does it become an illegal listing?
1. When the controller was repainted with original art that is not licensed.
2. When the controller was modded for rapid fire.
3. When the controller had a copyrighted logo painted as part of the art.
4. When the controller had modifications to the hardware itself (led, custom thumb sticks, etc.)
If there is anywhere that I can see in print what makes a custom controller ‘illegal for sale’ it would be a huge help, but searching has been no help this far.
Thanks!