instruction:
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.
question:
evidence showing that the defendants used the mark selectively or that they failed to use it pervasively in all their commercial dealings, even if these dealings were low in volume. Furthermore, though the Allard Court granted ownership rights to the defendants based only on oral testimony of various “solicitations” and insubstantial documentary evidence of prior use, the Court noted that there was also good evidence of widespread public recognition of the defendants’ use of the service mark. Evidence of public recognition is only necessary in cases requiring proof of secondary meaning, but such evidence may be probative of a party’s actual use of a mark in cases where secondary meaning is not required. See id.; see also Florida v. Real Juices, Inc., 330 F.Supp. 428, 431 (M.D.Fla.1971) (<HOLDING>). Public recognition is probative of a party’s 
 Holding statements: (A) holding that the burden is on the plaintiff (B) holding that for the purposes of standing to bring an action to recover on a contract privity is established by proving the defendant was a party to an enforceable contract with either the plaintiff or a party who assigned its cause of action to the plaintiff (C) holding that the plaintiff established a right to a slogan based on evidence of public recognition of its use by the plaintiff (D) holding that a plaintiff had established a primafacie failuretohire case notwithstanding evidence that the position sought by the plaintiff was ultimately filled with a person of the same race as the plaintiff (E) holding that mere use of a road will not make a road a public road even though such use is with the knowledge and consent of the landowner unless the use is accompanied by  recognition by public authority or by its maintainance sic
answer:
(C)


question:
that the State of Colorado is immune from suit under the Eleventh Amendment, and that the District Court properly dismissed the Plaintiffs’ claim against Colorado for lack of subject matter jurisdiction. We next turn to the court’s decision to dismiss the Plaintiffs’ claim against the University of Colorado Board of Regents for lack of standing. We need not address this issue, however, because the Colorado Board of Regents is, like the state itself, entitled to Eleventh Amendment immunity. See Buchwald v. Univ. of N.M. Sch. of Med., 159 F.3d 487, 494 n. 3 (10th Cir. 1998) (“[W]e have no doubt that UNMSM, its Regents, and the Committee on Admissions are ‘arms of the state,’ entitled to Eleventh Amendment immunity.”); Lujan v. Regents of Univ. of Cal., 69 F.3d 1511, 1522 (10th Cir.1995) (<HOLDING>); Hensel v. Office of Chief Admin. Hearing 
 Holding statements: (A) holding that the eleventh amendment protects a state from suit by its own citizens (B) holding that the university of californias board of regents is shielded from suit under the eleventh amendment (C) holding that a debtors adversary proceeding against the university of virginia to determine the dischargeability of a debt is a suit for eleventh amendment purposes (D) holding that governors duty to nominate and appoint members of the board of regents of the university of hawaii is subject to a reasonable time standard judged by the totality of the circumstances (E) holding that the department of corrections was entitled to eleventh amendment immunity from suit under section 1981
answer:
(B)


question:
the District’s sexual harassment policy, and how to handle sexual harassment complaints; and (2) the adequacy of the defendants’ response to plaintiffs complaints of sexual harassment. Accordingly, summary judgment of plaintiffs negligent training and supervision claim must be denied. 2. Vicarious liability “The doctrine of respondeat superi- or renders an employer vicariously liable for torts committed by an employee acting within the scope of the employment.” Judith M. v. Sisters of Charity Hosp., 93 N.Y.2d 932, 933, 715 N.E.2d 95, 96, 693 N.Y.S.2d 67, 68 (1999); Riviello v. Waldron, 47 N.Y.2d 297, 302, 391 N.E.2d 1278, 1281, 418 N.Y.S.2d 300, 302 (1979). School districts may be held vicariously liable for torts committed by an employee. Murray v. Water Y.S.2d 347, 348 (3d Dep’t 1994)(<HOLDING>). Further, for respondeat superior to attach, 
 Holding statements: (A) holding that the district was not liable under respondeat superior for a teachers sexual assault of a student even though it occurred on school grounds and during school hours because the criminal misconduct was not within the scope of the teachers employment (B) holding that a school district owed the highest degree of care to a student on a school bus such that the district could be liable for the sexual abuse of the student by the school bus driver (C) holding the tlo standard governs school searches when school resource officers  who although employed by the local police department are primarily responsible to the school district  are acting in conjunction with school officials (D) holding that a school district was not liable for sexual molestation of plaintiffs daughter by a teacher even though the acts occurred on school property and during school hours (E) holding that intraconspiracy doctrine applied to plaintiffs claims against school board teacher school principal and district superintendent
answer:

(D)