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Justin - haven't heard anything else back from Justin B ; as per your=20
voicemail he is away until 9 April, so suggest you get back in touch with h= im=20 then. I tend to agree with Mark Taylor's view re: perhaps best not to use = =20 'EOL' or 'EOL Manager' and the like given our substantial existing investme= nt=20 in the brand/trademark 'EnronOnline'. =20 At the same time, the press are often referring to 'EnronOnline' as 'EOL', = so=20 if the trademark 'EOL' is in fact still available, Kal Shah and I are of th= e=20 view that it would make sense to apply for it for possible use, and also t= o=20 preclude others in our market from securing it (though at some stage we wou= ld=20 need to demonstrate use vs. just applying for the trademark itself for it = to=20 afford us any legal protection). =20 My concern from a marketing standpoint is not to dilute the 'EnronOnline'= =20 brand or logo by also using the term 'EOL'. However, if we could secure t= he=20 trademark, it would be nice to have the option of using it at our discretio= n=20 (e.g. perhaps more so in interviews and press releases , rather than creati= ng=20 a logo/brand for EOL, which I think we should avoid ). Clearly though, if= =20 anyone else already has the 'EOL' trademark for the same goods and services= =20 classes we would be looking for, we would need to steer clear of this=20 entirely to avoid infringing on that trademark. Happy to discuss this further. -Paul x32310 ---------------------- Forwarded by Paul Goddard/EU/Enron on 06/04/2001 08:= 38=20 --------------------------- Paul Goddard 27/03/2001 18:38 To: Justin Boyd/LON/ECT@ECT cc: Justin Rostant/HOU/ECT@ECT, Rahil Jafry/Enron@EnronXGate=20 Subject: "EOL" Trademark Justin - Apparently Dave Forster is keen to potentially register the domain= =20 name 'eolmanager.com ' (currently available) for purposes of our Third Par= ty=20 Access initiative. I suggested to Justin Rostant that he check 'EOL'=20 trademark availability via Mark Palmer in the US, but also said I'd touch= =20 base with you. Could we (or Mark) do a quick trademark avail. search on= =20 'EOL' (as opposed to EnronOnline proper)? Is it possible Clifford Chance,= =20 Linklaters or S&M already did this as part of the drive for EnronOnline=20 trademarks? =20 The website 'eol.com' is taken by a company called Entertainment Online but= =20 it looks like quite a small , lottery entity of some kind, so it's possible= =20 they haven't applied for TM but would still have established use. = =20 From an EnronOnline marketing and legal standpoint, to date we have=20 deliberately avoided using 'EOL' externally for fear of brand dilution and= =20 trademark infringement respectively. However, if in fact the trademark =20 'EOL' (or failing that 'EOL MANAGER') is still available for the taking (a= t=20 least in the context of online commodity trading). perhaps we should apply= =20 for it for the appropriate goods and services classes . =20 As a follow on point, if the trademark for 'EOL' is indeed held by someone,= =20 would we be infringing on their trademark if we registered 'EOLMANAGER.COM'= =20 ? My personal opinion is that we would be free to do so - hard to establis= h=20 we'd be trying to pass off as 'Entertainment Online' for example, if we use= d=20 eolmanager.com to conduct our regular business. Also, It just occurred to me that Rahil did some quick checking on this a= =20 long while ago and I believe found there was a trademark holder out there -= -=20 possibly the same EOL Incorporated / Entertainment Online listed below. =20 Rahil , if you remember anything on this can you let me , Justin Boyd and= =20 Justin Rostant know? Thanks, Paul X32310 Domain registration details for EOL.com : =09 =09? =09 Registrant: EOL Incorporated (EOL-DOM) P.O. Box 553 Westboro, MA 01581 Domain Name: EOL.COM Administrative Contact, Billing Contact: Wadsworth, Dennis (DW1005) dennis@EOL.COM EOL Incorporated 6 Mohawk Drive Westboro, MA 01581 508-898-3600 Technical Contact: Shrimpton, Craig (CS220) craigs@OS.COM Orbit Data Systems, Inc. 400 Grove Street Worcester, MA 01605 508-753-8776 Record last updated on 06-Jun-2000. Record expires on 29-Jul-2002. Record created on 28-Jul-1993. Database last updated on 27-Mar-2001 01:56:00 EST. Domain servers in listed order: NS1.OS.COM 209.113.221.6 NS2.OS.COM 209.113.221.3 =09 =09 =09About EOL webpage (on EOL.com):=20 =09 =09 =09About EOL, Incorporated!=20 =09Company History=20 =09May, 1986=20 =09Entertainment-On-Line is Incorporated in the Commonwealth of Massachuset= ts=20 =09The first program: Lottery Numbers On-Line is introduced in Lottery Play= er=01,s=20 Magazine=20 =09September 1986=20 =09Audio cassette tape: Lottery Winning Strategies! (Ver 1.0) is released.= =20 =09October 1987=20 =09The COMPLETE Lottery TRACKER & WHEELER is released. (First commercial pr= ogram=20 to include number analysis with integrated wheeling systems and bet checkin= g=20 ability.)=20 =09The DAILY NUMBER BUSTER! is released for Pick-3 and Pick-4 Daily games.= =20 =09May 1989=20 =0950 SYSTEM Lottery Wheeler - PLUS! Is introduced as stand-alone product o= r=20 COMPLETE Lottery TRACKER & WHEELER add-on module.=20 =09May 1991=20 =09The COMPLETE Lottery TRACKER & WHEELER 5.0 debuts in MAC/IBM formats.=20 =09Entertainment-On-Line products are gaining momentum with sales topping= =20 $1,000,000 and all major retail channel stores carrying the TRACKER &=20 WHEELER.=20 =09May 1993=20 =09The first ULTIMATE Lottery TRACKER & WHEELER debuts. (To this day, the O= NLY=20 lottery software product that handles virtually EVERY games played, from=20 Pick-3 through KENO in a single program.)=20 =09July 1995=20 =09The ULTIMATE Lottery TRACKER & WHEELER V2.0 with "Cumastats" (for Cumula= tive=20 Statistics) hits the market for DOS and Windows formats. ("Cumastats" is th= e=20 only lottery software feature available anywhere that will run ALL of the= =20 program analysis types and then tell you which analysis types have been the= =20 MOST successful at finding winner in previous drawings.)=20 =09Audio cassette tape: Lottery Winning Strategies! (Ver 2.0) NEW and updat= ed=20 for the 90's is released.=20 =09Summer 1996=20 =09The Lottery TRACKER & WHEELER - Power Player Edition arrives with full= =20 interactive Web access.=20 =09Entertainment-On-Line World Wide Web site opens.=20 =09Interactive Power Player Club begins online operations.=20 =09Entertainment-On-Line exceeds 250,000 product sales with reports of=20 substantial cash prizes being won all around the world with=20 Entertainment-On-Line lottery products.=20 =09Entertainment-On-Line, Inc. celebrates 10 Year company anniversary.=20 =09Summer/Fall 1997=20 =09Lottery TRACKER & WHEELER - Power Player Edition Version 2 arrives.=20 =09The Power Player Strategy Guide & Program Companion, a 150 page book,=20 dedicated to helping our customers increase their odds of winning the lotte= ry=20 is released and sells out within 3 months.=20 =09The Power Player Strategy Guide & Program Companion goes into it's secon= d=20 printing and is hailed by our customers as the best book=20 Entertainment-On-Line, Inc. has EVER sold.=20 =09 ---------------------- Forwarded by Paul Goddard/EU/Enron on 27/03/2001 18:= 16=20 --------------------------- From: Justin Rostant@ECT on 27/03/2001 18:05 To: Paul Goddard/EU/Enron@Enron cc: =20 Subject: "EOL" Trademark I spoke with David Forster and he said he wants to see some documentation o= n=20 the trademark for EOL. I presume this information is available and a little= =20 research has to be done. We understand that EOL cannot be used on the websi= te=20 or in other public material but if we could get some details on the exact= =20 restrictions that would be very helpful. Call me if you have any questions.= =20 713 853 6460 I appreciate you help on this one jr
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