Notice of Violation.
To Whom it May Concern:
We are trademark counsel for Western Union Holdings, Inc. ("Western Union"), owner of 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. The WESTERN UNION Marks, which have been in use in some instances since 1851, are famous throughout the world in connection with numerous and varied communication and financial services. 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 recently has come to our attention that the WESTERN UNION Marks are being used without authorization on the funding pages of the website located at xxxxx, and possibly elsewhere. As Western Union itself previously has informed you, such use of the WESTERN UNION Marks in connection with online gambling services is unauthorized and against Western Union policy, as it both infringes upon and tarnishes the WESTERN UNION Marks in violation of United States, Canadian, and other trademark laws.
Because use of Western Union’s money transfer services in connection with transmission of funds for purposes of gambling or wagering may be a criminal offense, it is Western Union’s policy to protect the valuable good will in the WESTERN UNION Marks by prohibiting the use of its service marks by persons and entities engaged in online gaming. See, for example, 18 U.S.C. §§ 1084, 1952, 1953, 1956; 28 U.S.C. § 3702; H.R. 2143; see also People of New York v. World Interactive Gaming Corp., 714 N.Y.S. 2d 844 (N.Y. Sup. Ct. 1999).
Be advised that Western Union will pursue whatever means necessary to ensure that its money transfer services are not used in association with online gambling, including, but not limited to, reporting the matter to U.S., [Canadian,] and other law enforcement agencies. You should be aware that Western Union is subject to industry regulations under which financial penalties may be assessed against Western Union if its services are used in connection with online gambling, and that Western Union will not hesitate to seek recovery of any such penalties from online gaming operators who solicit such use of WESTERN UNION services.
Accordingly, we hereby demand on behalf of Western Union that xxxxxx immediately cease all uses of the WESTERN UNION Marks and/or marks confusingly similar to the WESTERN UNION Marks, withdraw from publication and distribution 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 for Internet search engines, postURL or forwarding commands, hyperlinks, or any other electronic coding), and 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, as well as the WESTERN UNION double-bar logo and the distinctive WESTERN UNION golden yellow and black trade dress - as well as any words, logo, or designs confusingly similar thereto.
Please confirm your compliance with our demand within five (5) business days of the date of this letter and do not hesitate to call or to email with any questions concerning our demand.
This letter does not prejudice Western Union's rights and remedies related to this matter, which hereby are expressly reserved.
To Whom it May Concern:
We are trademark counsel for Western Union Holdings, Inc. ("Western Union"), owner of 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. The WESTERN UNION Marks, which have been in use in some instances since 1851, are famous throughout the world in connection with numerous and varied communication and financial services. 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 recently has come to our attention that the WESTERN UNION Marks are being used without authorization on the funding pages of the website located at xxxxx, and possibly elsewhere. As Western Union itself previously has informed you, such use of the WESTERN UNION Marks in connection with online gambling services is unauthorized and against Western Union policy, as it both infringes upon and tarnishes the WESTERN UNION Marks in violation of United States, Canadian, and other trademark laws.
Because use of Western Union’s money transfer services in connection with transmission of funds for purposes of gambling or wagering may be a criminal offense, it is Western Union’s policy to protect the valuable good will in the WESTERN UNION Marks by prohibiting the use of its service marks by persons and entities engaged in online gaming. See, for example, 18 U.S.C. §§ 1084, 1952, 1953, 1956; 28 U.S.C. § 3702; H.R. 2143; see also People of New York v. World Interactive Gaming Corp., 714 N.Y.S. 2d 844 (N.Y. Sup. Ct. 1999).
Be advised that Western Union will pursue whatever means necessary to ensure that its money transfer services are not used in association with online gambling, including, but not limited to, reporting the matter to U.S., [Canadian,] and other law enforcement agencies. You should be aware that Western Union is subject to industry regulations under which financial penalties may be assessed against Western Union if its services are used in connection with online gambling, and that Western Union will not hesitate to seek recovery of any such penalties from online gaming operators who solicit such use of WESTERN UNION services.
Accordingly, we hereby demand on behalf of Western Union that xxxxxx immediately cease all uses of the WESTERN UNION Marks and/or marks confusingly similar to the WESTERN UNION Marks, withdraw from publication and distribution 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 for Internet search engines, postURL or forwarding commands, hyperlinks, or any other electronic coding), and 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, as well as the WESTERN UNION double-bar logo and the distinctive WESTERN UNION golden yellow and black trade dress - as well as any words, logo, or designs confusingly similar thereto.
Please confirm your compliance with our demand within five (5) business days of the date of this letter and do not hesitate to call or to email with any questions concerning our demand.
This letter does not prejudice Western Union's rights and remedies related to this matter, which hereby are expressly reserved.
