TASK DEFINITION: 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.
PROBLEM: 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

SOLUTION: (D)

PROBLEM: unconstitutionally forecloses meaningful access to our state courts by not providing for de novo review by a district court following an adverse arbitration award. The right of access to the courts is one aspect of the right to petition the government for redress of grievances, as guaranteed by the First Amendment to the U.S. Constitution, and also is protected by the provisions protecting due process of law, as set out in the Fourteenth Amendment to the U.S. Constitution and in Article II, Section 18, of the New Mexico Constitution. Richardson v. Carnegie Library Restaurant, Inc., 107 N.M. 688, 696, 763 P.2d 1153, 1161 (1988); Jiron v. Mahlab, 99 N.M. 425, 426, 659 P.2d 311, 312 (1983); see also Boddie v. Connecticut, 401 U.S. 371, 378, 91 S.Ct. 780, 786, 28 L.Ed.2d 113 (1971) (<HOLDING>) (quoting Armstrong v. Manzo, 380 U.S. 545, 
 Holding statements: (A) recognizing fundamental fairness requires criminal defendants be granted a meaningful opportunity to present a complete defense (B) holding that due process requires at a minimum an opportunity to be heard at a meaningful time and in a meaningful manner (C) holding that the constitution guarantees criminal defendants a meaningful opportunity to present a complete defense  (D) holding that due process requires a hearing appropriate to the nature of the case (E) holding that constitution requires  an opportunity  granted at a meaningful time and a meaningful manner  for a hearing appropriate to the nature of the case

SOLUTION: (E)

PROBLEM: well-being, and failed to comply with the provisions of a court order that established the actions necessary to obtain the children’s return. See Tex. Fam. Code Ann. § 161.001(b)(1)(D), (E), (O) (West Supp. 2016). The jury also found that clear and convincing evidence showed that termination of S.J.’s and B.P.T.’s parental rights is in the children’s best interest. See id. § 161.001(b)(2). Both appellants’ court-appointed appellate attorneys have filed motions to withdraw and Anders briefs, in support of those motions, stating that after diligently reviewing the record, they believe that an appeal is frivolous. See Anders v. California, 386 U.S. 738, 744-45, 87 S.Ct. 1396, 1400, 18 L.Ed.2d 493 (1967); see also In re K.M., 98 S.W.3d 774, 776-77 (Tex.App.— Fort Worth 2003, no pet.) (<HOLDING>). The briefs meet the requirements of Anders by 
 Holding statements: (A) holding that in parental termination proceedings the parent is entitled to effective assistance of counsel (B) recognizing that the statutory right to counsel in parental termination cases requires that the appointed counsel provide effective assistance (C) recognizing this substantial interest in context of termination of parental rights (D) holding that anders procedures apply in parental termination cases (E) recognizing that where the juvenile code sets forth specific procedures governing termination actions those procedures apply to the exclusion of the rules of civil procedure

SOLUTION:
(D)