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"
Back to the Beach has acquired the rights to Sierras 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
However, your companys 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 Beachs 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.
President, Back to the Beach Software, LLC
1949 N. Marshall Ave, Suite 101
El Cajon, CA 92020