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.

[EX Q]: Inc., 575 F.2d 62, 66 (3d Cir.1978); Novelty Textile Mills v. Joan Fabrics Corp., 558 F.2d 1090, 1093 n. 3 (2d Cir.1977). 7 .The rationale for this rule, as Judge Aldrich stated, is that "to permit copyrighting [in that case] would mean that a party or parties, by copyrighting a mere handful of forms [of expression], could exhaust all possibilities of future use of the substance ... [and thus] the subject matter would be appropriated by permitting the copyrighting of its expression. We cannot recognize copyright as a game of chess in which the public can be checkmated." Morrissey v. Procter & Gamble Co., 379 F.2d 675, 678-79 (1st Cir.1967). 8 . As an example of where dissection was improperly used, see Apple Barrel Productions Inc. v. Beard, 730 F.2d 384, 387-88 (5th Cir.1984) (<HOLDING>). 9 .For example, the court may find that the
Holding statements: (A) holding that consideration supports the agreement as a whole (B) holding that the district court erred when it failed to consider the presumption of irreparable harm (C) holding district court erroneously failed to consider copyrighted show as a whole (D) holding that district court did not abuse its discretion in denying a motion to strike when movant failed to show prejudice (E) holding appellate courts must consider the trial courts jury charge as a whole
[EX A]: (C)

[EX Q]: evidence showing that the defendants used the mark selectively or that they failed to use it pervasively in all their commercial dealings, even if these dealings were low in volume. Furthermore, though the Allard Court granted ownership rights to the defendants based only on oral testimony of various "solicitations" and insubstantial documentary evidence of prior use, the Court noted that there was also good evidence of widespread public recognition of the defendants' use of the service mark. Evidence of public recognition is only necessary in cases requiring proof of secondary meaning, but such evidence may be probative of a party's actual use of a mark in cases where secondary meaning is not required. See id.; see also Florida v. Real Juices, Inc., 330 F.Supp. 428, 431 (M.D.Fla.1971) (<HOLDING>). Public recognition is probative of a party's
Holding statements: (A) holding that the burden is on the plaintiff (B) holding that for the purposes of standing to bring an action to recover on a contract privity is established by proving the defendant was a party to an enforceable contract with either the plaintiff or a party who assigned its cause of action to the plaintiff (C) holding that the plaintiff established a right to a slogan based on evidence of public recognition of its use by the plaintiff (D) holding that a plaintiff had established a primafacie failuretohire case notwithstanding evidence that the position sought by the plaintiff was ultimately filled with a person of the same race as the plaintiff (E) holding that mere use of a road will not make a road a public road even though such use is with the knowledge and consent of the landowner unless the use is accompanied by recognition by public authority or by its maintainance sic
[EX A]: (C)

[EX Q]: that "a prevailing party can be awarded fees before the conclusion of protracted litigation." NAACP v. Wilmington Med. Ctr., Inc., 689 F.2d 1161, 1165 (3d Cir.1982). "A prevailing party must be one who has succeeded on any significant claim affording it some of the relief sought, either pendent lite or at the conclusion of the litigation." Garland, 489 U.S. at 791, 109 S.Ct. 1486. However, an interim award is available "only when a party has prevailed on the merits of at least some of his claims." Hanrahan v. Hampton, 446 U.S. 754, 757-58, 100 S.Ct. 1987, 64 L.Ed.2d 670 (1980). Several courts of appeals have held that a party cannot be a prevailing party if the interim relief received is not merit-based. See Bd. of Educ. of Oak Park v. Nathan R., 199 F.3d 377, 382 (7th Cir.2000) (<HOLDING>); Christopher P. by Norma P. v. Marcus, 915
Holding statements: (A) recognizing that a school district must be a prevailing party in order to be entitled to attorneys fees under the idea (B) holding that the invocation of the stayput provision of the idea does not entitle the party to attorneys fees (C) holding that buckhannon applies to the attorneys fees provision of the idea (D) holding that the legislative history of the idea indicates that this attorneys fees provision should be interpreted in accordance with hensley v eckerhart (E) holding that no reason existed to create a uniform national rule in admiralty where the case concerned attorneys fees and whether the contractual provision which provided for attorneys fees should allow a party to recover attorneys fees where it succeeded on all but one minor issue
[EX A]:
(B)