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.

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 Co., 26 F.3d 132, 1994 WL 245671 at *1 (9th Cir.1994) (unpublished table decision) (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

A: (D)
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Q: from representing plaintiffs “in either this or similar actions.” Id. at 1196. Likewise here, Yanny would be prohibited from representing the interests of any party against his former client, the Church of Scientology organization. However, I see no basis for precluding Berry or the Musick, Peeler firm from representing F.A.C.T.Net based on the fact that they formerly represented Yanny in defending him against charges made by the Church of Scientology. Moreover, in suing Yanny as it did, Plaintiffs waived any privilege with respect to any information relevant to the issues raised by their claims and released Yanny from his obligation of secrecy with respect to that information. See Carlson, Collins, Gordon & Bold v. Banducci, 257 Cal.App.2d 212, 228, 64 Cal-Rptr. 915 (Cal.App.1967) (<HOLDING>) That principle of California professional 
 Holding statements: (A) holding that the inadvertent disclosure of a privileged document does not waive the attorneyclient privilege if attorney took all reasonable steps to avoid disclosure and asserted the privilege as soon as the disclosure became known (B) holding that authorization cards are privileged from disclosure to employer (C) holding an attorney is released from those obligations of secrecy which the law places upon him whenever the disclosure of a communication otherwise privileged becomes necessary to the protection of the attorneys own rights (D) holding that a document which is given to an attorney in the course of seeking legal advice is privileged in the hands of the attorney only if it was privileged in the hands of the client (E) holding that trial court properly refused to permit disclosure of privileged communications in part because use of the privileged information was not essential to the defense

A: (C)
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Q: of discretion standard. See State v. Ross, 180 Ariz. 598, 603, 886 P.2d 1354, 1359 (1994). Statements stemming from a state actor’s custodial interrogation of a defendant are not admissible unless he is warned of his Fifth Amendment “right to remain silent” and that “anything said can and will be used against [him] in court.” Miranda v. Arizona, 384 U.S. 436, 469, 86 S.Ct. 1602, 1625, 16 L.Ed.2d 694 (1966). ¶ 19 The State concedes here that Appellant was in police custody when Nurse Geyer questioned him at the hospital. Even if a defendant is in custody, however, Miranda warnings are required when a med ical professional conducts an interrogation only if that medical professional is a state actor. See Estelle v. Smith, 451 U.S. 454, 468, 101 S.Ct. 1866, 1876, 68 L.Ed.2d 359 (1981) (<HOLDING>). See also State v. Vickers, 129 Ariz. 506, 633 
 Holding statements: (A) recognizing a public safety exception to the requirement that miranda warnings be given in order to use a suspects statement as evidence against him at trial (B) holding that phrase i know i have the right to remain silent together with phrase and knowing that anything i say may be used against me substantially complied with article 3822 warnings even though warnings failed to advise accused that his statement could be used against him at his trial or in court because it advised him his statement could be used against him in any type of context not just those mentioned in article 3822 subsection 2a1 and 2 (C) holding that a defendants jailhouse statements to a courtappointed psychiatrist could not be used against him in the penalty phase of a murder trial because the psychiatrist failed to give the defendant miranda warnings (D) holding that the warnings in their totality satisfied miranda (E) holding that the government cannot use postarrest silence against a defendant because miranda warnings give implicit assurances that silence will not be used against a person and accordingly it would be fundamentally unfair and a violation of due process to allow a defendants silence to be used to impeach him at trial

A:
(C)
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