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: Accordingly, the second Olano prong is satisfied: the error, both as to the absence of a jury determination on an essential element of the offense and the failure to include that element in the indictment, was indeed "plain." c. Did the plain error affect Thomas's substantial rights? An error affects a defendant's "substantial rights" if it is "prejudicial" and it "affected the outcome of the district court proceedings." Gore, 154 F.3d at 47. "Though 'prejudice' is also required to show that an error is not 'harmless,' pursuant to Fed.R.Crim.P. 52(a), the important difference of plain error prejudice [in most cases] is that '[i]t is the defendant rather than the Government who bears the burden of pers , 2001), with United States v. Vazquez, 271 F.3d 93, 100-01 3d Cir. (2001) (en banc) (<HOLDING>), and United States v. Terry, 240 F.3d 65,
Holding statements: (A) holding that any error was harmless and thus not plain error (B) holding that constitutional error cannot be premised on error in a charge unless the error violated some right which was guaranteed to the defendant by the fourteenth amendment (C) holding that sentencing error is harmless if the error did not affect the district courts selection of the sentence imposed (D) holding at the governments urging that a similar error was an error in both the trial and sentencing (E) holding that error in method by which interest from damages award was calculated was an error in substantive law not a clerical or mathematical error
Example Output: (D)

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: of the rescue doctrine there is no enforceable duty to rescue another individual. The only difference is that where the potential rescuer is the government, the argument for imposing such a duty to an individual is stronger because it is the government's job to provide protection to the community at large. Our public duty cases stand for the proposition that notwithstanding this difference, the existence of an obligation to protect "everyone" will not be treated as a duty to any particular individual. That is as far as our precedents have gone. See note 6, infra. For the reasons stated below in the text of this opinion, I do not think that we should now go further. 6 . Compare Warner, supra, note 4, 580 A.2d at 130-31, and Hines v. District of Columbia, 580 A.2d 133, 136-37 (D.C.1990) (<HOLDING>), with Johnson v. District of Columbia, 580
Holding statements: (A) holding that the district court must find a total failure to respond to the discovery requested (B) holding a suit against an agency of the state is a suit against the state (C) holding that the public duty doctrine applied to bar claim against city for negligence in housing inspections (D) holding that public duty doctrine barred suit against district for failure of ambulance service to respond promptly to calls for help (E) holding in case where claim was that the decedent would have survived his stroke if an ambulance had been sent when first summoned that the public duty doctrine barred a suit alleging negligent and inept failure to dispatch an ambulance
Example Output:
(D)