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.

[EX 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
[EX A]: (C)

[EX Q]: 26-7A, 26-8A, and 26-8C or of Title 27A shall control, and the provisions of this chapter are in all respects to be supplementary thereto. (emphasis added). Thus, where allegations of abuse and neglect serve as the grounds for the guardianship petition, as was the case here, the statutory provisions specifically relating to abuse and neglect proceedings, as well as the provisions relating to juvenile court, must control. See Martinmaas, 2000 SD 85 at ¶ 49, 612 N.W.2d at 611. [¶ 10.] Adjudication of abuse or neglect is done in juvenile court pursuant to SDCL chapters 26-7A and 26-8A. SDCL 26-7A-2 provides for exclusive juri ’s interest, as parens patriae, in protecting the welfare of the child. SDCL 26-8A-1. See also Matter of N.J.W., N.G.B., and K.F.B., 273 N.W.2d 134, 137 (S.D.1978) (<HOLDING>). The State is the only party that may seek to 
 Holding statements: (A) holding care custody and control of children is a fundamental right (B) holding state as parens patriae takes strong interest in care and treatment of children within its borders (C) recognizing parents fundamental liberty interest in the care custody and management of their children (D) holding that missouri has interest in providing a forum for victims injured as a result of activities conducted within its borders (E) recognizing that with respect to regulating or affecting conduct within its borders the place of the wrong has the predominant interest
[EX A]: (B)

[EX Q]: of but one nondiverse party divests the district court of original jurisdiction over the entire action.” In re Olympic Mills Corp., 477 F.3d 1, 6 (1st Cir.2007) (citing Strawbridge v. Curtiss, 7 U.S. (3 Cranch) 267, 267, 2 L.Ed. 435 (1806)). Generally, jurisdiction is determined at the time the lawsuit is filed. The U.S. Supreme Court has stated that “if jurisdic tion exists at the time any action is commenced, such jurisdiction may not be divested by subsequent events.” Freeport-McMoRan, Inc. v. KN Energy, Inc., 498 U.S. 426, 428, 111 S.Ct. 858, 112 L.Ed.2d 951 (1991). There are exceptions, however: the postfiling introduction of a nondiverse party may, in certain circumstances, defeat diversity jurisdiction. See, e.g., Brown v. Pac. Life Ins. Co., 462 F.3d 384, 394 (5th Cir.2006) (<HOLDING>); Lawyers Title Ins. Corp. v. Prestige Title, 
 Holding statements: (A) holding that a postfiling nondiverse party under rule 19a may destroy subjectmatter jurisdiction if the party is deemed indispensable (B) holding that personal jurisdiction over a party is proper if the party has sufficient minimum contacts with the forum (C) recognizing that the burden is on a party making a rule 12b7 motion to establish that missing parties are necessary or indispensable to the action (D) holding father waived claim that alleged de facto custodian should have been named as party in child support proceeding by failing to move to join party or to dismiss for lack of an indispensable party (E) holding that the party prevailing on the significant issues in the litigation is the party that should be considered the prevailing party for attorneys fees
[EX A]:
(A)