They are Brown Motorola Box but probably New I read in another post here that the Black Modems are the Ones that Motorola sell to the cable companies, That is why they are 15 or 20 dollars less, i don't see anything wrong if the modem is new and works, But i write to both sellers in Ebay and ask about Warranty and they said 60 days only, The Motorola Modems retail packages Are White and have One Year Warranty.
Every single motorola modem I've ever bought, including units from bestbuy and newegg, were brand new and retail models. The color has nothing to do with anything at all.
This all started from one guy on amazon who was allegedly talking to a motorola tech who dumped him off the phone by telling him he bought a former isp's used cable modem because it was black. That guy put reviews on every site on earth making this completely incorrect claim.
Now what might be a problem here is a brown box from a non-authorized reseller doesn't carry any warranty at all with motorola, but sounds like the seller offers 60 days. Never had a motorola cable modem (or a zoom) die on me ever. I still have all of them in a box. If you're going through cable modems, you have a grounding problem somewhere.