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.

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
(D)

intended to purchase the entire 9.69 acre parcel described in the purchase and sale agreement. These findings have support in the record. Based on the evidence, the trial court could reasonably have been persuaded that it was highly probable that the parties operated under a mutual mistake as to the description in the deed. [¶ 18] Roger also argues that the doctrine of merger by deed prohibits reformation. “The doctrine of merger by deed provides that once a ... deed is accepted it becomes the final statement of the agreement between the parties and nullifies all provisions of the purchase-and-sale agreement.” Bryan, 665 A.2d at 1022 (quotation marks omitted). Merger by deed, however, does not prohibit reformation upon proof of a mutual mistake of fact at the time of closing. Cf. id. (<HOLDING>). C. Joint Accounts [¶ 19] Roger contends that 
 Holding statements: (A) holding that because the purchase price typically is not included in the deed this term of the contract of sale is not merged with the deed (B) holding in part that party seeking reformation of deed must show the original intent or agreement of parties by clear and convincing evidence (C) holding merger by deed prohibits reformation when one of the parties learns of a mistake before closing and still signs the deed (D) holding that a beneficiary under a deed of trust was entitled to reformation of the grantors deed (E) recognizing that the right to seek reformation of a deed is limited to the original parties to the deed and their successors in title
(C)

context of Rule 407’s exceptions to prevent them from overwhelming the general rule, thus undermining its supporting policy goals. See Cyr, 652 A.2d at 694; Wilkinson v. Carnival Cruise Lines, Inc., 920 F.2d 1560, 1567 (11th Cir.1991); McPadden v. Armstrong World Indus. Inc. (In re Joint E. Dist. and S. Dist. Asbestos Litig.), 995 F.2d 343, 345 (2d Cir.1993) (indicating that the feasibility exception is not an “open sesame”). Accordingly, the feasibility exception has not been applied where a defendant merely suggests that an original design is acceptable, or argues about tradeoffs involved in taking precautionary measures. See, e.g., Gauthier, 788 F.2d at 638 (citing Flaminio, 733 F.2d at 468); Grenada Steel, 695 F.2d at 888; Tuer v. McDonald, 347 Md. 507, 701 A.2d 1101, 1113 (1997) (<HOLDING>) (citing Hardy v. Chemetron Corp., 870 F.2d 
 Holding statements: (A) holding that remedial measures evidence was not admissible to impeach testimony that at the time of the event the measure was not believed to be as practical as the one employed (B) holding failure to raise issue of improper measure of damages in trial court waived review of complaints that proper measure of damages was not submitted to jury and that plaintiff failed to present evidence on the proper measure (C) holding that the admission of a report was not hearsay because it was not offered to prove its truth but to impeach the veracity of the witnesss direct testimony (D) holding that evidence of subsequent measures was admissible to show the feasibility of a design change (E) holding that conviction on appeal is not admissible to impeach witnesss credibility

(A)

