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.

Example Input: to the registrations of any party to the action. Decrees and orders shall be certified by the court to the Commissioner, who shall make appropriate entry upon the records of the Patent and Trademark Office, and shall be controlled thereby. 15 U.S.C. § 1119. 27. The legal issue in a cancellation proceeding is the right to register a mark and when a mark is not incontestable, a court may cancel the mark on any ground which would have prevented registration initially. International Order of Job's Daughters, 727 F.2d at 1091. 28. As noted, a mark "which does not fulfill the functions of a trademark, but, rather, serves essentially a utilitarian or functional purpose cannot be registered as a trademark." Id.; see Goodyear Tire & Rubber Co. v. Robertson, 25 F.2d 833, 834-35 (4th Cir.1928) (<HOLDING>). 29. Because Shakespeare's mark is a 
 Holding statements: (A) holding that automobile racing is not an ultrahazardous activity (B) holding that diamondshaped tread on tire which is a mechanically functional feature of an automobile tire cannot be registered (C) holding when a policeman has made a lawful custodial arrest of the occupant of an automobile he may as a contemporaneous incident of that arrest search the passenger compartment of that automobile (D) holding that owners and officers of automobile dealership who were neither consumers nor competitors in automobile market lacked standing to bring antitrust action against automobile manufacturer (E) holding that except in those situations in which there is at least articulable and reasonable suspicion that a motorist is unlicensed or that an automobile is not registered  stopping an automobile and detaining the driver in order to check his drivers license and the registration of the automobile are unreasonable under the fourth amendment
Example Output: (B)

Example Input: activity, not objectionable under the prevailing standards of lawful and approved social conduct in the community---- Informed public sentiment is only against unlicensed gambling, which is unsupervised, unregulated by law and which affords no protection to customers and no assurance of fairness or honesty of the operation of the gambling devices.” Similarly, the New Jersey Supreme Court, in Caribe Hilton Hotel v. Toland, 63 N.J. 301, 307, 307 A.2d 85, 88 (1973), stated that “[w]hile New Jersey continues to take a strict view of those forms of gambling that are prohibited, the fact that wagering in various different ways is now authorized demonstrates that our public policy can no longer be said to condemn gambling per se.” See also, Castilleja v. Camero, 414 S.W.2d 424 (Texas 1967) (<HOLDING>); In re Smith, 66 B.R. 58 (Bankr.D.Md.1986), 
 Holding statements: (A) holding that an attorney approval clause in a contract for the sale of real estate was a part of that contract and would have to be satisfied for the underlying contract to be enforceable (B) holding that a contract is not effective until the performance of the conditions precedent and that a condition precedent calls for the happening of some event or the performance of some act after the terms of the contract have been agreed on before the contract shall be binding on the parties (C) holding that for a suit to be brought in the venue in which the contract was to be performed the contract must expressly state where the performance of the contract was to occur (D) holding that the place of performance governs the legality of the contract and because the contract was to be performed in mexico texas public policy against gambling was not implicated (E) holding that place of performance of a life insurance contract was the state where premiums were made payable even if the contract was made in another state
Example Output: (D)

Example Input: project). Finally, Morgan Keegan’s allegations fail to show that the municipality would have obtained any profit or benefit from the construction of this facility, except for job creation and other economic stimulation. In fact, any payments Defendants received as a result of this project were to be used to repay bondholders. [Doc. # 25-2 at 326-27]. Consequently, this case is distinguishable from those cases cited by Morgan Keegan in which the municipality actually operated a business for profit. Cf. Junior Coll. Dist. of St. Louis, 149 S.W.3d at 448 (“[W]hen a municipality is in the business of selling water to customers for profit or revenue, it is engaged in a proprietary function.”); Pierson v. Cumberland Cnty. Civic Ctr. Comm’n, 141 N.C.App. 628, 540 S.E.2d 810, 813-14 (2000) (<HOLDING>); Susla v. State, 311 Minn. 166, 247 N.W.2d 
 Holding statements: (A) holding that the percentage of minority faculty need not approximate the percentage of minority students (B) holding that the court has discretion to double check the reasonableness of the percentage fee through a lodestar calculation (C) holding that the fee applicant bears the burden of showing that  an adjustment is necessary to the determination of a reasonable fee  (D) holding that where a contract for legal services fails to expressly provide for the amount of the fee a reasonable fee is implied (E) holding that the leasing of an event center was proprietary where the public entity charged each promoter a fee for leasing the facility and received a percentage of the total ticket sales
Example Output:
(E)