Legal dept can't do a thing if it's NOT COMPANY PROPERTY. They can go after the person who leaked it but legally unless it's their intellectual, Lb-Sand. Maybe FBI or CIA can take possesion... But a guy sitting on the pot taking a shot of a phone he "borrowed" then nope it's not their property it wasn't stolen they have nothing to stand on.
You think GM tells motor trend or car&driver to remove pictures of cars they snapped a pic of? Can't.
That actually depends. Car magazines shoot prototypes from public property using telephoto lenses. If they were on their private track, car companies have a legal right to disallow them from taking pictures. So, if this were taken on Apple premises, and it could be proven (like the guy never had the phone elsewhere) they would have a case.
Personally, I think that even if this is the new iPhone, they didn't shoot that picture in a bathroom stall. The specular highlights on the right of the phone suggest a window, and any stall I've ever been in didn't have a window view, even when there were windows in the bathroom. It would probably be a sparsely decorated office as house windows usually aren't that high, but then the side could be distorting that a lot.
Also, I like this look for the iPhone. I love aluminum, but I don't think it matched right on the current iPhone, not that I wouldn't buy one anyway. I was just going to match it up with that Agent 18 EcoShield. After playing around on colorware, I wouldn't mind them making a white version, though I'd still probably prefer the black version. And anodized aluminum would be pretty sick.