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Enron Mail |
FYI --
Although Milbank has stated that "EOLympics" is probably permissible use, both Japanese and UK counsel have taken the position that this is still impermissible use of the term "Olympics". I know its not your first choice, Dave, but especially if we are going to promote the game on the home page -- which can be searched by any Olympic committee checking the Web for infringing use -- it would help to insulate us from detection, and possibly liability - to call the game "EOL-ympics" or even better from a detection standpoint "EOL-mpics". Mark -- Have we trademarked the term "EOL" and if so, in what countries? Leslie ----- Forwarded by Leslie Hansen/HOU/ECT on 08/23/2000 09:26 AM ----- "Murton, Rachel" <rachel.murton@linklaters.com< 08/23/2000 09:22 AM To: "'Leslie.hansen@enron.com'" <Leslie.hansen@enron.com< cc: "'Dhudanish@enron.com'" <Dhudanish@enron.com<, "'justin.boyd@enron.com'" <justin.boyd@enron.com< Subject: olympic flier - and use of EOLympics Further to my previous e-mail, I have now checked the flier with a colleague in the IP department. Providing Leslie's suggested amendments are made, the flier should not expose Enron to passing off liability, since it is unlikely to confuse the participants into thinking that the site is officially endorsed. The best thing to do, however, would be to include a disclaimer along the lines of "the EnronOnline Competition has not been set up in collaboration with any other parties {other than sports.rocket.com]." Although common sense tells us that Enron should be able to use the word "olympic" in a disclaimer, common sense does not necessarily seem to prevail with regards the use of the word "olympic" in the UK, so the general wording mentioned above should be used! My comment as to the possibility of fliers alerting the British Olympic Association to the game still stands, particularly if they are to be paper fliers. If they are just to be e-mails, I guess the practical risk is less. [I'm sure this has already been thought of, but if the flier is to be e-mailed out, it can't be sent as Enrononline.com OlympicsMailer!] On this point, am I still "up to date" in thinking that the proposal is still to mention the word "olympic" in explaining the rules of teh game. Regarding the use of EOLympics, from a UK point of view, this should definately be avoided - as explained in an earlier e-mail of today, one of the actions that "in particular" (i.e. definately!) infringes the Olympic Symbol Protection Act is "offering or supplying services under a sign which consists of or contains the word olympic - it would be difficult to argue that EOLympic does not contain the word "olympic"! Thanks Rachel ____________________________________________________________ This message is confidential. It may also be privileged or otherwise protected by work product immunity or other legal rules. If you have received it by mistake please let us know by reply and then delete it from your system; you should not copy the message or disclose its contents to anyone. ____________________________________________________________
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