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.
____________________________________________________________