TASK DEFINITION: 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.
PROBLEM: 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

SOLUTION: (D)

PROBLEM: claimant was injured while exiting an elevator in a parking garage which was not owned or maintained by her employer. However, the claimant's employer instructed her to park in certain designated spaces which it leased in the garage. Because the employer leased the parking spaces from the garage operator and presumably could pressure the garage operator to keep the facility in a safe condition, Pierson held that there was "sufficient indicia of em ployer control to support the ... conclusion that the [employer] should be responsible for the effects of an injury to an employee which occurred in the garage." 987 S.W.2d at 318. Since the claimant was utilizing a reasonable means to walk from her parking space to her employer when she fell, she zona, 142 Ariz. 501, 690 P.2d 802 (App.1984)(<HOLDING>); Larson's Workers' Compensation Law,
Holding statements: (A) holding that the public use exception was not applicable because the injury to the tenants employee occurred in an area of the leased premises that was not open to the public but was used only by employees (B) holding that injury in a parking lot did not occur on a covered situs (C) holding that claimant was entitled to workers compensation because he was injured in a parking lot which was leased by his employer (D) holding that an injury occurring in a parking lot which was leased but not controlled by an employer was compensable because the employer instructed its employees to park in that lot (E) holding landowner had duty to provide security in parking lot to protect its invitees from criminal acts of third parties

SOLUTION: (D)

PROBLEM: the court grants defendant's motion for summary judgment. (D.I.51). An appropriate order shall issue. ORDER At Wilmington this 11th day of March, 2008, consistent with the memorandum opinion issued this same date; IT IS HEREBY ORDERED that defendant's motion for summary judgment (D.I.59) is granted. The Clerk of Court is directed to enter judgment in favor of defendant and against plaintiff. 1 ."Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory, subjects, or c iff is not entitled to nominal or punitive damages. In addition, defendant is entitled to summary judgment based on qualified immunity because he did not violate a constitutional right. See Saucier v. Katz, 533 U.S. 194, 201, 121 S.Ct. 2151, 150 L.Ed.2d 272 (2001)
Holding statements: (A) recognizing the right to trial by jury is a constitutional right to be given the same protections as other constitutional rights (B) holding right to testify was federal constitutional right (C) holding that the threshold inquiry assuming as true the facts alleged by the injured party is whether the officers conduct violated a constitutional right (D) holding that in excessive force cases the threshold question for the court is whether the officers conduct violated a clearly established constitutional right (E) holding officers conduct must violate a constitutional right

SOLUTION:
(E)