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)

Inc., 299 F.Supp.2d 1307, 1321 (S.D.Fla.2004). First, the PSLRA altered Rule 9(b)’s particularity requirement by mandating the following: [T]he complaint shall specify each statement alleged to have been misleading, the reason or reasons why the statement is misleading, and, if an allegation regarding the statement or omission is made on information and belief, the complaint shall state with particularity all facts on which that belief is formed. 15 U.S.C. § 78u-4(b)(l)(B). Thus, the PSLRA requires greater specificity than Rule 9(b). Druskin, 299 F.Supp.2d at 1321. Second, the PSLRA raised the standard for pleading scienter by making it clear that a plaintiff can no longer plead scienter generally. In order to properly allege scienter, the plaintiff m 2 n. 2 (11th Cir.1999) (<HOLDING>). Additionally, the Eleventh Circuit has 
 Holding statements: (A) recognizing defense in securities case (B) recognizing doctrine (C) holding that morrison precludes securities claims brought by us investors who purchase securities on a foreign exchange even where those securities are also listed on a us exchange (D) holding the doctrine applied in a case of mistake (E) recognizing the incorporation by reference doctrine in a securities case
(E)

Co. v. District Council of Painters No. 16, 803 F.2d 1050, 1051 (9th Cir.1986), and of note 5 of John S. Griffith Construction v. United Brotherhood of Carpenters & Joiners, 785 F.2d 706, 712 (9th Cir.1986), they are not to the contrary. Jon and Mesa Verde note a narrow exception to the rule we describe in the text. They permit a district court to decide in the first instance whether an employer has effectively repudiated a section 8(f) prehire agreement. The employer's right to repudiate is created by, and set forth specifically in, a federal statute rather than, as here, in the collective bargaining agreement itself or in a body of common or other law applicable generally to contract matters. See Jim McNeff, Inc. v. Todd, 461 U.S. 260, 269, 103 S.Ct. 1753, 1758, 75 L.Ed.2d 830 (1983) (<HOLDING>) (quoting NLRB v. Local Union No. 103, 
 Holding statements: (A) holding that agreements other than fullfledged collective bargaining agreements may be contracts within the meaning of  301 (B) holding such agreements to be per se illegal (C) recognizing employers right to repudiate as means of promotfing congress intention  that prehire agreements were to be arrived at voluntarily (D) holding that one must voluntarily and intelligently waive the right to counsel (E) holding that for an act to be inconsistent with the right to arbitrate and thus constitute a waiver of that right it must repudiate the right of the party who does the act

(C)