Cease and Desist

September 2, 2004

6 years ago my brother and I cre­ated a web­site (uti­liz­ing stor­age at Geoc­i­ties) for our inde­pen­dent game devel­op­ment. The site, EMWare Pro­duc­tions, remained on Geoc­i­ties until 2002 when they finally removed the site due to its inac­tive state.

The fol­low­ing is an offi­cial Fed-ex’d cease and desist order that I received in the mail in Novem­ber 2000 from emWare Inc, a tech com­pany in Salt Lake City, Utah.

Need­less to say, it pro­vided a few good laughs, espe­cially when we explained to them via email cor­re­spon­dence that “EMWare Pro­duc­tions” was an imag­i­nary com­pany started by two broth­ers with a lot of time on their hands.

EMWare Letter of Cease and Desist 

6 comments

Man, hate to be the party pooper, but… I swear I read this very same thing here a while ago. Coffee-induced flash­backs? Gotta love the grass­roots feel of your com­pany in all its cut­ting edge HTML glory circa ’98, though.

by beto on September 2, 2004 at 4:24 pm. Reply #

Beto: You’re right, Beto. I moved it from the older archives, cleaned it up a bit and posted it anew. You, being a long time reader (okay, sev­eral months or so) would know that. :)

As for the design, it even sported a “starry” back­ground if you can believe that. The Way­back machine doesn’t save graph­ics, just text unfortunately.

by kartooner on September 2, 2004 at 4:31 pm. Reply #

Erik, you gotta give us legal dudes some­thing to do, even if it cre­ates laugh­ter ;-)

by Luc on September 2, 2004 at 9:29 pm. Reply #

Under the Pre­views sec­tion of your EMWare site, one of the game titles is Goudy Stout.

I find that and the descrip­tion of the game extremely funny. Thanks for a good laugh. BTW, were you into graphic design at the time, or was nam­ing the game after a type­face coincidence?

by Mike on September 2, 2004 at 10:33 pm. Reply #

I sue the broth­ers Sagen and Sagen.….too much time on their hands and their room was always dirty, full of dirty lit­tle secrets of plot­ting to take over EMWare with a hos­tile take-over!

Yep…sue those Sagen Brothers…take it all!!!!!!!!!!!!!!!!!

by Dad on September 2, 2004 at 10:53 pm. Reply #

Luc: I’m sure you (or your fel­low lawyers) have run into sim­i­lar sit­u­a­tions. My brother had a com­pany con­tact him in regards to his AOLIM screen­name, which was Biospark at the time. The com­pany in ques­tion, Biospark Indus­tries I believe, were ready to sue for “bla­tant” name infringe­ment. After speak­ing with the owner, they cleared up things and the alle­ga­tions were dropped. Frankly, it was absurd and I don’t think he (as in the owner of the com­pany) had a leg to stand on.

Mike: At the time I was 18 or 19 and I was just begin­ning to get into graphic design. You’re right, Goudy Stout was named from the font of the same name and for good rea­son, it just sounds like a paunchy, aloof kind of indi­vid­ual. It brings to mind Garth Brooks or Benny Hill.

Dad: Yes, sue us for all of the money we’ve made on the name.

by kartooner on September 3, 2004 at 7:59 am. Reply #

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