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.

Example Input: have pleaded that the 2007 Agreement was terminated, and the Court is required to accept that fact as true at this stage of the litigation. Therefore the continued use of Plaintiffs’ trademarks by Defendant as alleged would be without the benefit of a license. Accordingly, Defendant’s motion to dismiss the trademark infringement claim is DENIED. C. Breach of Contract Plaintiffs claim that Big Time Toys breached the parties’ contracts when it failed to cure its default on the royalty payments. Am. Compl. ¶ 88. As an initial matter, the continued use of a licensed trademark after termination of a license agreement can be actionable as both breach of contract and trademark infringement. See, e.g., Baskin-Robbins Ice Cream Co. v. D & L Ice Cream Co., 576 F.Supp. 1055, 1060 (E.D.N.Y.1983) (<HOLDING>); Ryan v. Volpone Stamp Co., 107 F.Supp.2d 369, 
 Holding statements: (A) holding that contributory trademark infringement requires some predicate act of infringement (B) holding that although the underlying action is one for trademark infringement the infringement occurred as a result of the underlying defendants use of the trademark in their advertising (C) holding that proof of unauthorized use of an original trademark by one whose license to use the trademark had been terminated is sufficient to establish the likelihood of confusion prong (D) holding that the continued use of licensed trademark after termination of franchise agreement constituted trademark infringement and breach of contract (E) holding that continued use of trademark after termination of franchise for nonpayment of royalties constitutes lanham act violation
Example Output: (D)

Example Input: remedy which is neither inadequate nor ineffective to test the legality of a person’s detention.” Swain v. Pressley, 430 U.S. 372, 381, 97 S.Ct. 1224, 51 L.Ed.2d 411 (1977); see also St 06 (11th Cir.2006) (per curiam) (same). Whether RIDA created an adequate substitute for habeas corpus for those aliens to whom a petition for review is available, however, is different from whether RIDA created any adequate substitute for those aliens for whom it is no longer available. Unlike in previous cases where we have upheld RIDA against Suspension Clause challenges, Singh never had the ability to obtain judicial review of the merits of his removal through a petition for review filed within 30 days of his removal order. Cf. Puri, 464 F.3d at 1043; Iasu v. Smith, 511 F.3d 881, 888 (9th Cir.2007) (<HOLDING>). By the time RIDA created jurisdiction in this 
 Holding statements: (A) holding that federal habeas corpus relief does not lie for errors of state law (B) holding that threeyear statute of limitations was not an unconstitutional suspension of the writ of habeas corpus (C) holding that  109g2 does not apply when the creditor seeking relief in the first case received the requested relief (D) holding that a rule 60b motion that presents grounds entitling a petitioner to habeas corpus relief or seeks to add a new ground for relief requires authorization (E) holding that ridas elimination of habeas corpus does not violate the suspension clause where the petitioner had a means for seeking relief direct review  and simply failed to pursue the relief that the statutory scheme allows
Example Output: (E)

Example Input: Count Twelve.) 6 . The Court notes that Gilbert's argument that he would be prejudiced by his inability to examine Troutman at a joint trial is without merit. The mere possibility of a co-defendant’s exculpatory testimony is an insufficient reason for severance. United States v. Studley, 892 F.2d 518, 525 (7th Cir.1989). A "mere possibility” of Troutman's testimony, however, is all Gilbert has presented as Trout-man may exercise her Fifth Amendment right not to testify even if Gilbert were tried separately. In addition, contrary to Gilbert’s argument (R. 109, Gilbert Reply at 25), he would not be allowed to ask the jury to draw inferences from Troutman's refusal to answer questions even if he were tried separately. See United States v. Mabrook, 301 F.3d 503, 507 (7th Cir.2002) 
 Holding statements: (A) holding that we have never found that it is permissible for a jury to make an inference from the invocation of a witnesss assertion of the fifth amendment (B) holding that trial court may draw adverse inference from habeas petitioners silence as result of fifth amendment invocation during deposition (C) holding that the statement ill take the fifth was an assertion of the fifth amendment privilege (D) holding that juveniles request for parent is invocation of fifth amendment rights (E) holding adverse inference permissible in the face of defendants repeated invocation of fifth amendment privilege in discovery responses
Example Output:
(A)