In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

have pleaded that the 2007 Agreement was terminated, and the Court is required to accept that fact as true at this stage of the litigation. Therefore the continued use of Plaintiffs’ trademarks by Defendant as alleged would be without the benefit of a license. Accordingly, Defendant’s motion to dismiss the trademark infringement claim is DENIED. C. Breach of Contract Plaintiffs claim that Big Time Toys breached the parties’ contracts when it failed to cure its default on the royalty payments. Am. Compl. ¶ 88. As an initial matter, the continued use of a licensed trademark after termination of a license agreement can be actionable as both breach of contract and trademark infringement. See, e.g., Baskin-Robbins Ice Cream Co. v. D & L Ice Cream Co., 576 F.Supp. 1055, 1060 (E.D.N.Y.1983) (<HOLDING>); Ryan v. Volpone Stamp Co., 107 F.Supp.2d 369, 
 Holding statements: (A) holding that contributory trademark infringement requires some predicate act of infringement (B) holding that although the underlying action is one for trademark infringement the infringement occurred as a result of the underlying defendants use of the trademark in their advertising (C) holding that proof of unauthorized use of an original trademark by one whose license to use the trademark had been terminated is sufficient to establish the likelihood of confusion prong (D) holding that the continued use of licensed trademark after termination of franchise agreement constituted trademark infringement and breach of contract (E) holding that continued use of trademark after termination of franchise for nonpayment of royalties constitutes lanham act violation
(D)

statement “is admissible only if it bears adequate ‘indicia of reliability.’ ” Id. In Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004), the Supreme Court departed from its ruling in Roberts and established a new standard for determining when hearsay statements of an unavailable witness may be admitted as evidence against a criminal defendant consistently with the Confrontation Clause. The standard set forth- in Crawford actually expanded defendants’ confrontation rights beyond what was contemplated in Roberts. Compare Crawford, 541 U.S. at 53-55, 124 S.Ct. 1354 (requiring unavailability and a prior opportunity for cross-examination to admit testimonial hearsay statements of witnesses not appearing at trial), with Roberts, 448 U.S. at 72-73, 100 S.Ct. 2531 (<HOLDING>). Prior to the decision in Crawford, this Court 
 Holding statements: (A) holding that witness hearsay statements may be admitted whenever they bear sufficient indicia of reliability even without crossexamination (B) holding that the sixth amendment confrontation clause was not violated by the admission of hearsay statements under a georgia statute permitting an exception for statements by coconspirators where there was sufficient indicia of reliability supporting the truth of the statements (C) holding that the district court did not err in relying on hearsay evidence where the government offered reasons why its hearsay evidence had indicia of reliability and the court considered the reliability of the evidence in deciding the weight to give the hearsay evidence (D) holding that judges may consider any relevant evidence bearing some substantial indicia of reliability including reliable hearsay in a probation revocation hearing (E) holding that it would have been proper to admit party opponent admissions although they were based on multiple levels of hearsay and test their reliability on crossexamination but upholding the district courts exclusion of the statements where the hearsay statements lacked any factual content and lacked any indicia of trustworthiness
(A)

Moreover, the lawful exercise of the Government’s tax collection powers does not amount to a taking. See U.S. Shoe Corp. v. United States, 296 F.3d 1378, 1383 (Fed.Cir.2002) (the ruling that imposition of the federal income tax does not constitute a taking under the Fifth Amendment); see also Branch ex rel. Me. Nat’l Bank v. United States, 69 F.3d 1571, 1576-77 (Fed.Cir.1995) (“enforcement action [of the constitutional tax assessment], including seizure of the property, could not be challenged as a taking”); see also First Atlas Corp. v. United States, 23 Cl.Ct. 137, 141 (1991), aff'd per curiam, 954 F.2d 733 (Fed.Cir.1992) (concluding that the filing of a notice of a hen, standing alone, does not constitute a taking); Castillo Morales v. United States, 19 Cl.Ct. 342, 345 (1990) (<HOLDING>). In this ease, the Complaint alleges that the 
 Holding statements: (A) holding that a subsequent action was not barred because the initial court did not have jurisdiction over the claim (B) holding that irs may not levy against bank account of delinquent taxpayer held in tenancy by the entirety where taxpayer did not have unilateral right to withdraw funds (C) holding that the court of claims did have jurisdiction over plaintiffs statutory claim for back pay including arguments based on the first amendment (D) holding that the court does not have jurisdiction over takings claims because where  a taxpayer disputes an irs levy on its property the appropriate course of action is a direct challenge of the levy not the prosecution of a fifth amendment claim (E) holding that the court of claims did not have jurisdiction over plaintiffs first amendment claim of improper removal

(D)