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]: were driven by ‘[p]rice in an all-inclusive sense, which starts with the freight rate.’ ” (Doc. S-l at 56). No effort was made to differentiate or promote any aspect of Trailer Bridge’s products or services. Instead, the statement provided a brief explanation of the factors affecting price in the entire Puerto Rican cabotage market. Cf American Simmental Ass’n v. Coregis Ins. Co., 282 F.3d 582, 587 (8th Cir.2002) (“The plain and ordinary meaning of ‘advertising idea’ generally encompasses an idea for calling public attention to a product or business, especially by proclaiming desirable qualities so as to increase sales or patronage.” (internal quotation marks omitted)); Proxima Corp. v. Federal Ins. Co., 26 F.3d 132, 1994 WL 245671 at *1 (9th Cir.1994) (unpublished table decision) (<HOLDING>). Regardless of whether the statement lulled 
 Holding statements: (A) holding statements of product superiority and that product was industry approved were puffery (B) holding that a contract for an exclusive agency to market a product contains an implied promise to use all reasonable efforts to market the product (C) holding that the essential wrong of trademark infringement the appropriation of the good will of anothers established mark may be effectively accomplished by advertising matter associating that others distinguishing mark with the product of defendant (D) holding that the shape of a product was not an advertising idea because there was no allegation in the complaint that the design itself was a trademark or was intended to distinguish the product from others that might enter the market citation omitted (E) holding that a cause of action on the theory of strict liability may be properly pled by alleging 1 the manufacturers relationship to the product in question 2 the unreasonably dangerous condition of the product and 3 the existence of a proximate causal connection between the condition of the product and the plaintiffs injury
[EX A]: (D)

[EX Q]: nonetheless entitled to claim derivative asylum relief based on the possibility that their citizen child would be subjected to FGM. In so assuming, the majority’s remand is illusory. Although the practice of FGM is considered persecution under our law, there is no threat here since a United States citizen child cannot be deported to the country of her parents’ birth, and the parents cannot claim an unrecognized form of derivative relief when they themselves cannot establish entitlement to asylum. By usurping the prerogative of Congress, which alone has the power to create a new basis for cancellation of removal, the majority violates the separation of powers doctrine and creates an unnecessary conflict with the Seventh Circuit. See Oforji v. Ashcroft, 354 F.3d 609, 618 (7th Cir.2003) (<HOLDING>). Like the petitioner in Oforji, Mr. and Mrs. 
 Holding statements: (A) holding that an aliens express waiver of his right to appeal to the bia deprives this court of jurisdiction to consider the aliens subsequent petition for review (B) holding that an alien parent may not establish a derivative claim for asylum by pointing to potential hardship to the aliens united states citizen child in the event of the aliens deportation (C) holding that inconsistencies in the aliens statements must go to the heart of the asylum claim to justify an adverse credibility finding (D) holding that the failure to notify aliens counsel of an order to appear for deportation violated the aliens statutory right to counsel (E) holding that the crime of bringing aliens to the united states is complete when the initial transporter who brings the aliens to the united states ceases to transport them
[EX A]: (B)

[EX Q]: Her affidavit explains her asset purchases, bank deposits, and credit card activity during the relevant time period. Her affidavit stated her tax records provide an accurate reflection of her income during the relevant times. Her affidavit thus sets forth specific facts disputing her exclusive control of the student activity account and controverting the claim that her personal finances show a $57,759.21 misappropriation. We must view the evidence in the light most favorable to the nonmoving party. C & J Vantage Leasing Co., 784 N.W.2d at 756. We find Van Haaften’s affidavit testimony creates a genuine issue of material fact as to the amount of the theft in excess of the $10,000 conclusively established by her Alford plea. See Wemimont v. Wernimont, 686 N.W.2d 186, 191 (Iowa 2004) (<HOLDING>). Accordingly, the district court erred in 
 Holding statements: (A) holding that a speculative affidavit which contained mere conjecture was insufficient to create a genuine issue of material fact for trial (B) holding that nonmoving party need not produce evidence unless moving party first brings forth evidence either tending to prove lack of genuine issue of material fact or challenging existence of element of cause of action (C) holding that dispute regarding material fact is genuine if the evidence is such that a reasonable jury could return a verdict for the nonmoving party (D) holding that there was a genuine issue of material fact precluding summary judgment (E) holding nonmoving partys affidavit created genuine issue of material fact as to the existence of an employment relationship
[EX A]:
(E)