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]: 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
[EX A]: (D)

[EX Q]: trekker from Nepal who agreed to transport a suitcase from Thailand to the United States. Id. at 658, 663. Customs agents found the suitcase to contain three kilograms of 87% pure heroin, and the defendant was ultimately convicted of possession of heroin with intent to distribute and importation of heroin. Id. at 658. In affirming the reduction of the defendant’s offense level under the safety valve, the Ninth Circuit observed that the defendant "provided the authorities with substantial information concerning the offense, including the names of those involved abroad," while maintaining that he was innocent of knowing the contents of the suitcase. Id. at 663. Vazquez has not so cooperated with the Government. Cf. United States v. Garcia-Sanchez, 189 F.3d 1143, 1150 (9th Cir.1999) 
 Holding statements: (A) holding that the defendant was not eligible for the safety valve provision because he never even met with the government to offer information and suggesting that given his undisputed association with members of the conspiracy he would have some perhaps useless relevant information to provide the gov ernment even if he were innocent of drug dealing himself (B) holding that once a defendant becomes associated with a conspiracy he is responsible for all of the acts of the conspiracy even those which occurred before or after his association with the conspiracy (C) holding that evidence was sufficient for jury to find that the defendant participated in the conspiracy even though he did not have a relationship with all of his fellow coconspirators (D) holding there was enough evidence to find the defendant abandoned his child when he claimed to have knowledge of cpss involvement he admitted that for periods of two years and six months he did not attempt any contact with his child and from the date he canceled a home study until the petition was filed he did not attempt to contact the child or cps or provide support even when he was out of jail (E) holding that the movants assertion that he failed to advise the plea court of counsels alleged deficiencies because he blamed himself for his lack of funds was undermined by the fact that the plea court advised the movant that he had the right to appointed counsel if he could not afford to pay for counsel
[EX A]: (A)

[EX Q]: 803(3). A statement that the declarant is afraid or testimony demonstrating that the declarant was afraid when he made the statement qualifies under Rule 803(3). See, e.g., Martinez v. State, 17 S.W.3d 677, 688 (Tex.Crim.App.2000) (allowing declarant’s statement that she was afraid of man with same first name as appellant); Williams v. State, 798 S.W.2d 368, 371 (Tex.App.—Beaumont 1990, no pet.) (admitting testimony describing declarant’s disturbed emotional state because it demonstrated her fear of defendant when she said defendant was going to kill her and her children). In contrast, a statement from which the de-clarant’s fear can only be reached by inference is an inadmissible statement of belief. See, e.g., Dorsey v. State, 24 S.W.3d 921, 928 (Tex.App.—Beaumont 2000, no pet.) (<HOLDING>); Barnum v. State, 7 S.W.3d 782, 790-91 
 Holding statements: (A) holding that threatening employee to mind her own business investigating her videotaping her without her permission and forcing her to take polygraph could not be considered adverse employment actions because they had no effect on conditions of employment (B) holding that the plaintiffs evidence of pretext which included but was not limited to her supervisors statement that she had enough of the plaintiff going to her supervisor about her was not sufficient to preclude summary judgment (C) holding that a teachers complaint to school authorities that her principal had instructed her to make improper changes in her own students grades was unprotected because it was made pursuant to her official duties (D) holding that declarants statement that if anything strange happened to her like car crash it meant that defendant had killed her is one of belief (E) holding that a plaintiff who pled in her complaint that her law firm actively misled her in support of her request for application of the discovery rule had sufficiently pled the application of the doctrine
[EX A]:
(D)