instruction:
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.
question:
the Society over in Russia when the company began to sell its SMIRNOV vodka there. A pending litigation in a foreign country between essentially the same parties, even one that concerned a slightly different topic, has been found to create a objectively reasonably apprehension of suit. See Ethicon, Inc. v. American Cyanamid Co., 369 F.Supp. 934, 936-37 (D.N.J.1973). Therefore, even though it appears as if the defendants have never directly threatened the plaintiffs with legal action in the United States, the court concludes that the plaintiffs have introduced sufficient evidence to support their claim that they reasonably feared a lawsuit if they attempted to enter the U.S. market. Cf. Simmonds Aerocessories, Ltd. v. Elastic Stop Nut Corp. of America, 257 F.2d 485, 490 (3d Cir.1958) (<HOLDING>). Nevertheless, because the court finds that
Holding statements: (A) holding that the declaratory judgment act is a procedural device (B) recognizing that the declaratory judgment act is procedural in nature and not an extension of federal court jurisdiction (C) holding that where the question to be resolved in the declaratory judgment action will be decided in a pending action it is inappropriate to grant a declaratory judgment (D) holding that letter stating that the defendant was fully prepared to take all necessary legal action in order to protect defendants work was sufficient to show an actual threat of litigation and created a case or controversy for the purposes of the declaratory judgment act (E) recognizing that it is not essential for there to be a direct threat of litigation in order to invoke the declaratory judgment act
answer:
(E)

question:
evidence showing that the defendants used the mark selectively or that they failed to use it pervasively in all their commercial dealings, even if these dealings were low in volume. Furthermore, though the Allard Court granted ownership rights to the defendants based only on oral testimony of various "solicitations" and insubstantial documentary evidence of prior use, the Court noted that there was also good evidence of widespread public recognition of the defendants' use of the service mark. Evidence of public recognition is only necessary in cases requiring proof of secondary meaning, but such evidence may be probative of a party's actual use of a mark in cases where secondary meaning is not required. See id.; see also Florida v. Real Juices, Inc., 330 F.Supp. 428, 431 (M.D.Fla.1971) (<HOLDING>). Public recognition is probative of a party's
Holding statements: (A) holding that the burden is on the plaintiff (B) holding that for the purposes of standing to bring an action to recover on a contract privity is established by proving the defendant was a party to an enforceable contract with either the plaintiff or a party who assigned its cause of action to the plaintiff (C) holding that the plaintiff established a right to a slogan based on evidence of public recognition of its use by the plaintiff (D) holding that a plaintiff had established a primafacie failuretohire case notwithstanding evidence that the position sought by the plaintiff was ultimately filled with a person of the same race as the plaintiff (E) holding that mere use of a road will not make a road a public road even though such use is with the knowledge and consent of the landowner unless the use is accompanied by recognition by public authority or by its maintainance sic
answer:
(C)

question:
U.S. 274, 97 S.Ct. 568, 50 L.Ed.2d 471 (1977); Stewart v. Baldwin County Bd. of Educ., at 1510; Travelers Indemnity Corp. v. School Bd. of Dade County, 666 F.2d 505 (11th Cir.1982). That it may be immune under state sovereign immunity principles does not mean that it is immune under eleventh amendment jurisprudence. In fact, the Authority, here, may be entitled to immunity from suit under Georgia law. Self v. City of Atlanta, 259 Ga. 78, 377 S.E.2d 674 (1989). However, a defendant may not "conflate sovereign immunity with regard to a state created tort with Eleventh Amendment immunity for a federal cause of action." Stewart v. Baldwin County Bd. of Educ., 908 F.2d at 1510 n. 6; see Mt. Healthy City School Dist. Bd. of Educ. v. Doyle, 429 U.S. 274, 97 S.Ct. 568, 50 L.Ed.2d 471 (1977) (<HOLDING>); see also Howlett By and Through Howlett v.
Holding statements: (A) holding that the alien tort statute itself is not a waiver of sovereign immunity (B) holding that local school boards were not entitled to eleventh amendment immunity even though entitled to sovereign immunity in the same degree as the state itself from tort suits (C) holding that the new mexico school district and their governing boards are not arms of the state entitled to eleventh amendment immunity (D) holding that defendants are not entitled to qualified immunity (E) holding that pennsylvanias judicial districts are entitled to immunity from suit under the eleventh amendment
answer:
(B)