1. Smart Corporation began marketing phone in 2002 under the mark “Smart.” In 2008, Smart.com, Inc., a different company selling different products, such as school supplies and the like, begins using “smart” as part of its website URL and registers “sMART” as its domain name. Can Smart Corporation stop this use of “sMART”? If so, what must the company show? Use the scenario given to explain your answer in this context.

2.  There are several distinctions in contract law between the UCC and common law as it relates to certain principles. As it relates to modification of a contract, how is the UCC’s treatment of this subject different from that of common law? What are the important factors to be considered? Provide an example that demonstrates the difference.