Nonprofit Discretionary Tests
Competition/Duplication of existing services provided by government or other for-profit or nonprofit corporations
Potential for success: the denial of a proposal for founding of the National Foundation for Darrheal Diseases, presented by 5 Brooklynites suffering from diahrea, because the proposed organization could be neither a foundation (since it did not have funds to distribute) nor national (suggesting a nationwide scope).
Confusion Test: doubts that children or their parents could distinguish the proposed Boy Explorers of America from the existing Boy Scouts of America Explorers program. That the african-american Grand Lodge of the Improved Benevolent & Protected order of the Elks of the World would be confused with the nativist Benevolent and Protective Order of the Elks
Prosletyzation Test: while the First Amendment protects prosletyzation, a certificate of incorporation would amount to approval or endorsement of its purposes.
Consensus Test: