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.
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Question: 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

Answer: (B)


Question: also admitted he personally observed that Gretillat had trouble walking long distances. Indeed, Priske excused Gretillat from making rounds of the facility due to Gretillat’s difficulty walking long distances. In April of 2004, Priske admitted that Gretillat’s forced resignation arose out of Gretillat’s problems with standing and “ambulating.” See, e.g., Cannice v. Norwest Bank Iowa N.A., 189 F.3d 723, 727 (8th Cir.1999) (finding “ample evidence” that employee alerted employer to the existence of disability where employee told employer about disability, gave employer information about the ADA, requested an unmonitored telephone line to talk with his “support network,” and displayed symptoms of the disability at work); see also Miller, 61 F.3d at 630 (quoting Hedberg, 47 F.3d at 934) (<HOLDING>). Because Care Initiatives was apprised of 
 Holding statements: (A) holding evidence of a 13 permanent partial disability insufficient to establish disability for purposes of ada (B) holding that if all of an employees coworkers knew that he had a heart condition such knowledge would not amount to notice to the employer that the employee was so limited by a disability as to require special accommodations (C) holding that an employer cannot be held liable under the ada if it had no knowledge of the employees alleged disability (D) holding that an employee who claims to have been terminated by her employer for having exercised her right to disability benefits raised a cognizable claim under  510 of erisa notwithstanding the fact that she received the benefits from her employer prior to termination (E) recognizing that employer has notice of limitation when disability manifests itself to the extent that it would be reasonable to infer that her employer actually knew of the disability

Answer: (E)


Question: evidence of a factual dispute. Initially, Plaintiff testified (and re-affirmed) that the picture looked like Midnight. Manson Dep. 360. Only when pressed about whether he had any reason to doubt the picture’s authenticity did Plaintiff voice doubts about the picture. He stated that Midnight had a “[sjhorter nozzle, bigger head, [and] nowhere near that many scar, if he had any.” Id. Plaintiff then testified that the pictured animal was not his dog, then hedged again, stating “It might'be, it just don’t look like him.” Id. at 360-61. In the absence of any independent evidence, Plaintiffs equivocal deposition statements could not prevent a reasonable juror from eonclud ing that the pictures are authentic. See S. Indus., Inc. v. Stone Age Equip., Inc., 12 F.Supp.2d 796, 809 (N.D.Ill.1998) (<HOLDING>). More importantly, the Officers had probable 
 Holding statements: (A) holding that the uncorroborated testimony of an informant may be sufficient to sustain a conviction (B) holding deposition testimony failed to create fact issue because it was internally inconsistent flatly contradicted by documentary and physical evidence and uncorroborated (C) holding that physicians affidavit created genuine issue of material fact even though it directly contradicted his prior deposition testimony where physician offered a plausible explanation for the change in his testimony (D) holding that an uncorroborated callers tip did not create reasonable suspicion (E) holding that uncorroborated testimony of one witness is sufficient by itself to sustain a conviction

Answer:
(B)