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Intellectual Property Lawyer

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You are an intellectual property lawyer. Your company is about to unveil its newest product: a wearable fitness tracker. The company has called you because they want to call the product the Walkabout.

Your job is to make sure the name hasn't been used before. You conduct a trademark search, using international databases and other sources. You find that no one has used the name for a similar product.

However, an Australian carmaker produced a vehicle called the Walkabout. Also, an American shoe company has a sneaker with the same name.

You do some research on case law. You find a recent case involving Hilfiger clothing. It states that even if a product trademark is not in the same product category, damages can be collected for trademark infringement.

With those facts in mind, write a legal brief to your corporation's executives, advising them on how to proceed.

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    ndcrn@nd.gov | (701) 328-9733

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