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 genus of goods or services for which it seeks protection. See 15 U.S.C. 1051(a)(2), (b)(2); 37 C.F.R. 2.32(a)(6), 2.71(a); TMEP 1402.01; see also Stone Lion Capital Partners, L.P. v. Lion Capital LLP, 746 F.3d 1317, 1324 (Fed.Cir.2014) ("Parties that choose to recite services in their trademark application that exceed their actual services will be held to the broader scope of the application."); Octocom Sys., 918 F.2d at 942 ("[R]egistrability of an applicant's mark must be decided on the basis of the identification of goods set forth in the application.... "). The PTO will generally accept any identification of goods or services so long as it is "specific, definite, clear, accurate, and concise." TMEP 1402.01; see also In re Omega SA 494 F.3d 1362, 1365 (Fed.Cir.2007) (<HOLDING>) (quoting In re Water Gremlin Co., 635 F.2d
Holding statements: (A) holding that relators failure to meet the particularity requirements of rule 9b did not bar his claim where the relator was a former employee of the defendants and lacked access to records and documents in the possession of the defendants that contained information necessary to plead with particularity (B) holding that the concerns that require fraud to be pleaded with particularity are even more urgent in a civil rico action (C) holding that plaintiff failed to plead fraud with sufficient particularity but stating that party may be entitled to lenient application of rule 9b where information is in possession of corporate defendant (D) holding that it is within the discretion of the pto to require that ones goods be identified with particularity in a trademark application (E) holding that a rule 10b5 claim must be stated with particularity
answer:
(D)

question:
is narrowly crafted to get to the heart of the motion for summary judgment without allowing a lot of potentially unnecessary discovery. Montoya has said he did not show Wilks or Armijo his computer screen, or tell them Todd's crimes; if Wilks says othexwise, there will likely be a genuine issue of fact requiring .the Court to deny the motions and allow the parties to proceed to trial. It seems fundamentally unfair to dismiss Todd's case when a deposition of Wilks may make his case. Further, this deposition will not burden any government employees or entities. Accordingly, the Court finds that this limited discovery falls within the exceptions to disallowing discovery once the defense of qualified immunity has been raised. See Garrett v. C.A. Stratmen [Stratman], M.D., 254 F.3d at 953 (<HOLDING>). The Court does not believe this one
Holding statements: (A) holding that as a general rule interlocutory trial court orders rejecting defenses of common law sovereign immunity governmental immunity public official immunity statutory immunity or any other type of immunity are not appealable under the maryland collateral order doctrine (B) holding that where defendant claiming qualified immunity relies on facts that are in dispute qualified immunity cannot be granted (C) recognizing that a discovery order in the context of qualified immunity is not immediately appealable when the defendants immunity claim turns at least partially on a factual question when the district court is unable to rule on the immunity defense without further clarification of the facts and which are narrowly tailored to uncover only those facts needed to rule on the immunity claim are neither avoidable or overly broad (D) holding that qualified immunity is not merely immunity from damages but also immunity from suit (E) holding that defendants are not entitled to qualified immunity
answer:
(C)

question:
202, to determine whether New York or North Carolina law applies. See Arneil v. Ramsey, 550 F.2d 774, 779 (2d Cir.1977); Gorlin v. Bond Richman & Co., 706 F.Supp. 236, 239 (S.D.N.Y.1989). CPLR 202 requires the Court to apply the shorter of the two applicable statutes of limitation, because Barnett is not a New York resident. The North Carolina period of limitations for contract actions is three years, which is shorter than New York's six year period. See N.C.Gen. Stat. 1-52(1). The accrual of a claim under ERISA is determined by federal law. Tolle v. Carroll Touch, Inc., 977 F.2d 1129, 1138 (7th Cir.1992); Smith v. Rochester Tel. Bus. Marketing Corp., 786 F.Supp. 293, 306 (W.D.N.Y.1992), aff'd, 40 F.3d 1236 (2d Cir.1994); see also Keating v. Carey, 706 F.2d 377, 382 (2d Cir.1983) (<HOLDING>). A claim for benefits under ERISA accrues when
Holding statements: (A) holding that federal law determines definition of executory contract but that state law determines whether a material breach of the contract could occur (B) holding that federal courts sitting in diversity should apply state law that determines the outcome of the case (C) holding that while state law determines the existence of a claim federal law determines when a claim arises for bankruptcy purposes (D) holding for 1983 actions that although state law determines the limitations period federal law determines when the claim arises (E) holding that state law determines when an interest is perfected when interpreting the preference avoidance provision of the bankruptcy act
answer:
(D)