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Death to the Abstract

Unfortunately, in November, 2002, I received a cease and desist email regarding my most popular program at the time, Abstract Web Studio. The current released version was v4.0, with a huge amount of improvements in v4.7 left to come... However, due to its buggy nature, and poor coding practices, I decided to discontinue all work on the product, as changing its name around the internet would be more of a hassle than it was worth.

Sure, some people hated it since the installer was incompatible with certain Windows installations, but those who actually tried the product really liked it.

Unfortunately, AWS4 will never see the light of day again, but I do continue to support it if users need help.

The Infamous Cease and Desist Letter
Dear Sir,

It has recently come to the attention of Back to the Beach Software, LLC, (“Back to the Beach”) that your company is producing, marketing, and/or distributing a web site creation product entitled “Abstract Web Studio 4.0”.

As you may be aware, Sierra Entertainment, Inc., a division of Vivendi Universal Games, Inc. ("Sierra") was until recently the owner of the trademark WEB STUDIO ®, Registration Number 2357294, for "computer software in the field of designing and creating web pages and instruction manuals sold therewith" (the "Mark").

Back to the Beach has acquired the rights to Sierra’s Web Studio software product and all related intellectual property, including the Mark.

Sierra marketed a successful line of products featuring the Mark, and the line of products associated with the Mark has, through the efforts of Sierra, become successful, well known, and established substantial goodwill and public recognition. As the new owner of the Mark, Back to the Beach is relying on this existing goodwill and public recognition of the Mark in marketing the Web Studio product line.

However, your company’s use of “Abstract Web Studio” as described above is likely to deceive the public as it is "confusingly similar" to the Mark.

Further, your use of “Abstract Web Studio” in connection with the production, marketing, and/or distribution of a web page creation product would misappropriate the good will and reputation associated with the Mark. Any such use may also constitute trademark infringement under federal statutes and common law (including the Lanham Act) and unfair competition and false designation of origin under federal and state law, and would be likely to confuse or deceive the public.

Further, any use by your company of “Abstract Web Studio” may constitute a violation of trademark anti-dilution statues in effect in many states, including without limitation California Business and Professions Code Section 14330.

In light of the above, we hereby demand that you: (1) immediately cease and desist from any further production, promotion or distribution of any products, advertisements or listings, bearing “Abstract Web Studio” on print, broadcast or electronic media, including but not limited to the World Wide Web, or any other product or advertisement using the same or similar trademarks; (2) confirm in writing that you will cease using “Abstract Web Studio” or any similar trademarks on this or other products; (3) cease marketing any products that use any Back to the Beach intellectual property or otherwise violate Back to the Beach's rights or the fair trade laws.

Nothing contained herein is intended to be or shall be construed as a waiver of any of Back to the Beach’s rights or remedies, and all such rights and remedies are expressly reserved.

This letter is extended to your as a courtesy. However, unless we receive your written response by hardcopy mail within seven days of your receipt of this message, we will review all legal remedies available to use including taking formal legal action to protect our rights. I look forward to your quick reply.

Stephen Cochard
President, Back to the Beach Software, LLC
1949 N. Marshall Ave, Suite 101
El Cajon, CA 92020

619-562-0151
www.webstudio.com


I find it humorous that a large software company would be threatened by me... oh well!