A business that holds itself out as being a corporation may not deny corporate status,
even if it makes no attempt to incorporate.
Employees who deal with third parties are agents of their employers.
Hawk Corporation begins making and selling motorcycles in 2000 under the mark
“Hawk.” Ten years later, Hawk.com, Inc., a different company selling medical
equipment and supplies, begins to use “hawk” as part of its URL and registers it as a
domain name. Can Hawk Corporation stop Hawk.com’s use of “hawk”? If so, what
must the motorcycle-maker show?