Quote:
Originally Posted by Booxtor
Is it legal to collect money by Indiegogo or Kickstarter for already existing product in mass production? It would be possible for everyone to take some promo commercials, pictures and to write some tempting texts, present this product by Indiegogo/Kickstarter as new one and afterwards just to buy goods with wholesaler conditions. I don't think it is the goal of those crowdfunding projects...
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I am not a lawyer, but it seems that if there is an agreement with the Onyx about rebranding, then it is perhaps legal to collect money for a pre-order in case, Icarus actually collects those funds for the preorder, and then will send out the ordered goods.
However, Icarus does not state that this is the funds for the pre-order, it says:
"Our final engineering sample is ready (see pics/video) and we are going to ramp up the mass production phase..... We are looking for $25K to finalize the mass production ramp-up... we have developed and sold open Android based e-readers for the past 2 years and have extensive experience in this field....The 13.3" e-reader is in its last stage of development."
And without all other statements about Onyx, this does make a general impressions like Icarus is essentially involved in the developing and manufacturing process.
There are no direct statements about the use of those funds, ron about the degree of Icarus's involvement into the developing and manufacturing process.
So, I myself wonder, if according to the current laws in Indiegogo-based country, changing of name of Onyx to Icarus, asking Onyx to manufacture the new batch with the new name can be considered as the exact direct meaning of those phrases, quoted above.
The ultimate point is whether the Onyx or/and customers may have suffered or will suffer, as to their reputation or expenditures, because of such an attitude.