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.

Input: Consider 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

Output: (B)


Input: Consider Input: opens the door by suggesting the victim’s behavior is inconsistent with that of an abused child. As noted below, many other courts have allowed testimony that a child victim’s behavior or symptoms are “consistent with” child abuse trauma as rebuttal evidence. That is not what happened in this case. Just two years ago, in State v. Favoccia, the Supreme Court of Connecticut thor oughly reviewed the conflicting precedent and policy considerations in reaching the same conclusion we reach today. 306 Conn. 770, 51 A.3d 1002, 1012-22 (2012). The Favoccia court overturned its own precedent to hold that “the trial court abused its discretion in permitting [the expert] to testify about the complainant’s behaviors being consistent -with those generally characteristic 6, 671 N.E.2d 984, 985 (1996) (<HOLDING>); State v. Chamberlain, 137 N.H. 414, 628 A.2d 
 Holding statements: (A) holding that the trial court had abused its discretion in dismissing the case without allowing appellants an opportunity to amend (B) holding that a trial court abused its discretion by excluding the testimony of an expert witness where the testimony would have been relevant to show that the defendant breached a duty of care (C) holding admission of expert testimony not erroneous where expert described typical traits and characteristics of sexually abused children (D) holding that the trial court abused its discretion by allowing expert testimony that directly linked the characteristics of sexually abused children to the complainants in this case (E) holding that the testimony of an expert witness is admissible when the witness outlines the general characteristics of sexually abused children and then states that the victims symptoms are consistent with those characteristics

Output: (D)


Input: Consider Input: in nature, but contains guidelines to ensure that the substantive right to counsel is protected.” State v. T.G., 800 So.2d 204, 211 (Fla.2001). The detailed inquiry and waiver verified by counsel are required by rule 8.165 to determine whether k waiver of counsel was made “knowingly and intelligently in consideration of [the juvenile’s] age, education,- experience, mental condition, and the nature and complexity of the case.” Id. at 212 (quoting P.L.S. v. State, 745 So.2d 555, 557 (Fla. 4th DCA 1999)). The supreme court explained that if it appears from the face of the record that the trial court did not comply with the specific procedures of rule 8.165, including conducting a ‘thorough inquiry into the child’s comprehension of that offer [of the assistance of counsel] and th 2007) (<HOLDING>). The trial court’s failure to comply with rule 
 Holding statements: (A) holding fundamental error occurred because merely informing a juvenile of the role of counsel and asking the juvenile if he understands that he is giving up his right to counsel does not constitutethe thorough inquiry concerning the juveniles comprehension of the offer of counsel that is mandated by rule 8165b2 (B) holding that juveniles may waive right to counsel only upon advice of counsel (C) holding that juvenile and his parents must be advised of the right to counsel in juvenile proceedings and the mothers knowledge that she could employ counsel was not an intentional relinquishment or abandonment of a fully known right (D) recognizing juveniles right to counsel in certain juvenile proceedings (E) holding that the court without violating due process of the law may conduct a hearing to determine whether to waive juvenile jurisdiction even if the juvenile fails to appear if counsel is present and allowed to participate on the juveniles behalf


Output: (A)