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:
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
answer:
(D)

question:
include reasonable attorney's fees for legal services benefitting the children. See Tex. Fam.Code Ann. 151.001(a), (c); In re H.V., 252 S.W.3d at 327, n. 55; Searcy, 17 S.W. at 373; Askey, 11 S.W. at 1101-02. In Hardin v. Hardin, this court cited section 154.001 but did not cite section 151.001 or section 156.401(a). See Hardin, 161 S.W.3d at 24-27. Nonetheless, the Hardin court noted that the duty of a parent to pay attorney's fees as necessaries is based upon a parent's duty to support his children. See id. at 25. In addition, the Hardin court cited non-enforcement cases that cited the statutory predecessor to section 151.001. See id. at 25-26 (citing Roosth v. Roosth and Daniels v. Allen); Roosth v. Roosth, 889 S.W.2d 445, 456-57 (Tex.App.-Houston [14th Dist.] 1994, writ denied) (<HOLDING>); Daniels v. Allen, 811 S.W.2d 278, 280
Holding statements: (A) holding that trial court did not abuse its discretion in ordering that father pay attorneys fees to mother as necessaries for the benefit of the children in divorce decree and citing statutory predecessor to section 151001 (B) holding that trial court properly assessed mothers attorneys fees as necessaries against father in case in which trial court ordered father to pay mothers attorneys fees as child support but did not state that the fees were necessaries (C) holding in nonenforcement modification suit that court of continuing jurisdiction did not abuse its discretion in ordering father to pay reasonable attorneys fees incurred by mother as necessaries for the children (D) holding in modification suit in which no enforcement was ordered that trial court did not abuse its discretion in ordering father to pay mothers attorneys fees as child support under the necessaries rule (E) holding in nonenforcement modification suit that court of continuing jurisdiction may order one parent to pay the reasonable attorneys fees of the other parent as additional child support if the fees are necessaries for the benefit of the children
answer:
(A)

question:
McCaffery. The issue in this discretionary appeal is whether a police officer violates the Pennsylvania Wiretapping and Electronic Surveillance Act ("Wiretap Act" or "Act"), 18 Pa.C.S. 5701, et seq., when he communicates directly with a suspect via cell phone text messages while pretending to be the suspect's accomplice. Because an officer who directly communicates with another person by text-messaging is not eavesdropping or listening in on a conversation, but is himself engaging in the communication, and because for purposes of the Wiretap Act, it is irrelevant that an officer intentionally misrepresents his identity to the person with whom he communicates, we hold that no violation of the Wiretap Act occurred here pursuant to Commonwealth v. Proetto, 771 A.2d 823 (Pa.Super.2001) (<HOLDING>). The Superior Court in the case sub judice
Holding statements: (A) holding that rule announced excluding the results of a wiretap because of improper minimization should not be applied retroactively because to reopen cases even on a limited basis for detailed hearings on the reasonableness of the interception of each phone call during each wiretap would overwhelm the courts (B) holding that a police officer may stop a driver where the officer has a reasonable and articulable suspicion regarding the commission of a civil traffic violation (C) holding a party has no standing to appeal unless he or she is an aggrieved party an individual who is not a parent in the eyes of the law has no legal interest in the child and therefore has no standing to appeal (D) holding that where an officer posing as an underage female communicates with a suspected sexual offender in a chat room on the internet no violation of the wiretap act occurs because the officer is a direct party to the communication and thus there has been no interception of a communication (E) holding that if an officer smells the odor of marijuana in circumstances where the officer can localize its source to a person the officer has probable cause to believe that the person has committed or is committing the crime of possession of marijuana and thus has authority to arrest him without a warrant in a public place
answer:
(D)