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.

Example Input: 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
Example Output: (D)

Example Input: omitted). Even if we were to do so, it would not change the outcome, since we see no error in the district court's ruling regardless of whether the robbery and drug conspiracy were related. 3 . This course of action is permissible, though "we have repeatedly mentioned 'our strong preference for James proceedings.' " United States v. Townley, 472 F.3d 1267, 1273 (10th Cir.2007) (quoting United States v. Owens, 70 F.3d 1118, 1123 (10th Cir.1995)). 4 . The conspiracy supporting the introduction of the out-of-court statement need not be the same as the conspiracy charged in the indictment, so long as the statement was in furtherance of the uncharged conspiracy. United States v. Gigante, 166 F.3d 75, 82 (2d. Cir.1999); see also United States v. Evans, 970 F.2d 663, 675 (10th Cir.1992) (<HOLDING>). 5 .Burnett testified at one point that he had
Holding statements: (A) holding that a failure to instruct the jury on additional uncharged conspiracies is not reversible error so long as the jury is instructed that the government has the burden to prove the charged conspiracy (B) holding that although it is proper to instruct the jury that it may consider whether the factual predicates necessary to establish the prima facie case have been shown it is error to instruct the jury on the mcdonnell douglas burden shifting scheme (C) holding that the district courts failure to instruct the jury as to the proper standard of proof constituted plain error (D) holding failure to instruct jury on requirement of corroboration of informants testimony is error (E) holding that the failure to properly instruct the jury on the burden of proof required a new trial
Example Output: (A)

Example Input: was Allsopp standing inside the house, and he later identified Allsopp in court. The process server testified that he told Davis that he had papers to serve on Allsopp and that he then gave those papers to Davis. The process server did not attempt to hand the papers to Allsopp. We recognize that courts have upheld service when a defendant attempts to evade service, and, therefore, "in-hand" delivery is not required. See Travelers Cas. & Sur. Co. v. Brenneke, 551 F.3d 1132 (9th Cir.2009) (upholding service where process server testified that, after five attempts to serve defendant, pa pers were left on the front step after the defendant spoke to process server through an intercom system but refused to answer and unlock the door); Errion v. Connell, 236 F.2d 447, 457 (9th Cir.1956) (<HOLDING>); and Slaieh v. Zeineh, 539 F.Supp.2d 864
Holding statements: (A) holding that defendants constitutionally protected privacy interest began at the door to his room not at the door to the rooming house (B) holding that service is not avoided by service on a partys attorney as service on an attorney is ineffective unless he has been authorized to accept such service (C) holding that arrest by the back door of defendants house was unlawful (D) holding that service of a statecourt summons and complaint after removal to federal court is valid service (E) holding that service was sufficient where sheriff pitched papers through a hole in defendants screen door after she spoke with him and ducked behind a door to avoid service
Example Output:
(E)