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.

Q: 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

A: (C)
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Q: did not expressly note the officers’ purpose in knocking on the defendant’s door, but it is fairly clear from our description of the facts that they intended to arrest him. Although the defendant was standing inside the doorway of his room, we held that the officers lawfully arrested him because he “ ‘voluntarily exposed himself to warrantless arrest’ by freely opening the door of his motel room to the police.” Id. at 1426 (quoting United States v. Johnson, 626 F.2d 753, 757 (9th Cir.1980)). Unlike the officers in Jardines and in this case, the officers in Vaneaton were standing in the common space of a motel when they knocked, rather than in the curtilage of a home. We therefore have no need to overrule Vaneaton. See Miller v. Gammie, 335 F.3d 889, 899-900 (9th Cir.2003) (en banc) (<HOLDING>). Whether Vaneaton remains good law after 
 Holding statements: (A) holding that a three judge panel is free to reexamine the holding of a prior panel when the supreme court has undercut the theory or reasoning underlying the prior circuit precedent in such a way that the cases are clearly irreconcilable (B) holding that a threejudge panel may depart from circuit precedent that has not been expressly overruled when an intervening en banc or supreme court decision has undercut the theory or reasoning underlying the prior circuit precedent in such a way that the cases are clearly irreconcilable (C) holding that where the relevant court of last resort has undercut the theory or reasoning underlying the prior circuit precedent in such a way that the cases are clearly irreconcilable then a threejudge panel of this court and district courts should consider themselves bound by the intervening higher authority and reject the prior opinion of this court as having been effectively overruled (D) holding that a three judge panel is not bound by prior circuit precedent if an intervening decision of a higher authority undercuts the theory or reasoning underlying the prior circuit precedent in such a way that the cases are clearly irreconcilable (E) holding a threejudge panel may not reexamine normally controlling circuit precedent in the face of an intervening united states supreme court decision unless the reasoning or theory of our prior circuit authority is clearly irreconcilable with the reasoning or theory of intervening higher authority

A: (A)
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Q: suggests the FHA imposes a duty on a homeowner association or property manager to intervene in a neighbor-to-neighbor dispute. Pursuant to the governing documents, an owner cannot permit an activity to be conducted on their property that will interfere with the rights, comforts or conveniences of other owners. It is also true that the Association has the right to enforce all conditions imposed by the governing documents and the obligation to maintain the common area property, but the documents do not prevent racial harassment by one neighbor against another or require the Association or Property Manager to intervene in a neighbor-to-neighbor dispute. See and c.f Reeves v. Carrollsburg Condominium Unit Owners Ass’n., No. CIV.A. 96-2495RMU, 1997 WL 1877201, at *8 (D.D.C. Dec.18, 1997) (<HOLDING>). The Lawrences erroneously equate an owner’s 
 Holding statements: (A) holding that only deliberate executive conduct gives rise to a familial association violation and explicitly noting that this rule applies to both minor and adult children (B) holding no violation of section 101 in spite of violation of union bylaws because plaintiffs do not allege that members or classes have been discriminated against in their right to vote (C) holding that a violation of the rules of professional conduct may not be used as evidence and citing terry cove north for the proposition that the sole remedy for a violation of the rules of professional conduct was the imposition of disciplinary measures (D) holding fha claim stated against association where bylaws authorized association to stop illegal conduct and expressly made any violation of local or federal law a violation of the associations rules (E) holding that violation of state law was not a per se constitutional violation

A:
(D)
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