No, you aren't being an ass. The phone is pictured on their site with no branding, and I would expect to receive a comparable product to what is pictured. If it said that the product could differ substantially and possibly have foreign markings, then they have a point.
On another note, that company sucks horribly! At a bare minimum, you're paying $120, but in all likelihood you're paying $180 based on the their completely subjective "used" definition in the terms. 20% restocking fee should be illegal, and what's the restocking fee if the manufacturer is shipping direct? Plus, I LOVE the "RMA is valid for 5 days, and return product must be received within that time period". WTF? You almost have to use Next Day or Two Day to guarantee delivery in time.
I'd go through AMEX and also contact the New York Attorney General and/or BBB. That outfit is fishy.