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Question
Fact Pattern 35-1Cliff markets "DownSize" a weight-reduction program, in competition with Eagle Corporation's product "Fit "˜n Trim." Through Cliff's Web site, DownSize sells throughout the United States. Eagle files a suit against Cliff, alleging in part that Cliff is a sole proprietor, but his enterprise should be deemed a corporation for purposes of the suit.
Refer to Fact Pattern 35-1. According to the reasoning of the court in Case 35.1, Hsin Ten Enterprise USA, Inc. v. Clark Enterprises, Cliff's enterprise should most likely be considered
a. a corporation because DownSize sells throughout the United States.
b. a franchisee because DownSize is sold in competition to Fit "˜n Trim.
c. a sole proprietor because Cliff is a sole proprietor.
d. no form of business entity because Cliff has no formal organization.
Answer
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