Western Union sending mass email to gambling webmasters

This is ridiculous. I traded links with some webmasters that had the word western union in the site description and now they are emailing me for all instances of this. This isn’t even a gambling website, but it has a link to a gambling website! Below is one of the copies I received:

WESTERN UNION HOLDINGS, INC.

12500 E. Belford Avenue,

Englewood, CO. 80112 U.S.A.

1/25/2007

VIA E-MAIL at [email protected]

ATTN: Abuse

Re: Unauthorized Use of the WESTERN UNION® Marks on http://www.maleenhancementproducts.net/maleenhancementproducts9.html (Our reference no. 2.30.84)

To Whom it May Concern:

This notification and request concern unauthorized use of the WESTERN UNION service marks on the website located at http://www.maleenhancementproducts.net/maleenhancementproducts9.html, for which you are listed as registrant and/or administrative contact.

Western Union Holdings, Inc. (“Western Union”) owns all intellectual property rights in the famous WESTERN UNION family of trademarks and service marks (the “WESTERN UNION Marks”), which include the words “WESTERN UNION” and/or the initials “WU” standing alone, as well as the WESTERN UNION ¦¦ design and Western Union’s golden yellow and black trade dress. Through Western Union’s long-standing use and promotion of the WESTERN UNION Marks in international commerce, the Marks have acquired great value and goodwill.

It has been brought to Western Union’s attention that the WESTERN UNION Marks are being used on the website located at http://www.maleenhancementproducts.net/maleenhancementproducts9.html, and possibly elsewhere, in connection with a listing of online gambling services providers. Western Union is concerned that this unauthorized use of the WESTERN UNION Marks will confuse consumers as to whether Western Union somehow is associated with, or approves of, http://www.maleenhancementproducts.net/maleenhancementproducts9.html and the listed gambling services providers and/or the activities conducted through http://www.maleenhancementproducts.net/maleenhancementproducts9.html and the listed gambling services providers.

Western Union also understands that you may not previously have been aware that U.S. trademark law provides a trademark owner with legal remedies against the publisher or distributor of paid advertising matter containing infringing matter in an electronic communication. Accordingly, this letter is formal notification that Western Union cannot permit such unauthorized use of the WESTERN UNION Marks, especially in connection with the promotion of online gambling activities, and a formal request that such use immediately cease. Please be advised that any further publication or distribution by you, therefore, may expose you to an injunction and liability for monetary damages.

Therefore you must immediately remove the WESTERN UNION Marks from the website at http://www.maleenhancementproducts.net/maleenhancementproducts9.html; including but not limited to any print, electronic, and other forms of promotional materials containing any form of the WESTERN UNION Marks and/or marks confusingly similar to the WESTERN UNION Marks (including uses in metatags, keywords or other “ad triggers,” postURL or forwarding commands, hyperlinks, or any other electronic coding) are withdrawn from publication; and that you refrain from further use of any form of the WESTERN UNION Marks and/or marks confusingly similar thereto. We stress that the WESTERN UNION Marks include the words “WESTERN UNION” and/or the initials “WU” alone, the WESTERN UNION double-bar logo, and the distinctive WESTERN UNION golden yellow and black trade dress – as well as any variants, abbreviations, or misspellings of “WESTERN UNION.”

We look forward to receiving your written response to our notification and request within ten (10) days. Please do not hesitate to contact us with any questions or concerns.

This notification and request do not prejudice Western Union’s rights and remedies related to this matter, which hereby are expressly reserved.

Sincerely,
Western Union Holdings, Inc.- Intellectual Property Group
12500 Belford Ave. M21A2
Englewood, Colorado 80112
Fax # 720-332-0219

This email is sent by the General Counsel’s Office of The Western Union Company and may contain information that is privileged and/or confidential. If you are not the intended recipient, please notify the sender immediately and delete this e-mail and any attachments. Thank you