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:
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
answer:
(D)


question:
. The Honorable John A. Jarvey, Chief United States Magistrate Judge for the Northern District of Iowa, to whom this case was referred with the consent of the parties pursuant to 28 U.S.C. § 636(c)(3). 3 . Montandon also alleged Title VII claims against Todd and Ehlers in their personal capacities, as well as constructive discharge and intentional infliction of emotional distress claims. His wife, Tish Walker Montandon, claimed loss of consortium. The district court dismissed these claims. Because they have not been raised on appeal, they are deemed abandoned. See Jasperson v. Purolator Courier Corp., 765 F.2d 736, 740-41 (8th Cir.1985). 4 . It remains to be seen whether our holding in Quick will remain the law. See Oncale v. Sundowner Offshore Servs., Inc., 83 F.3d 118 (5th Cir.1996) (<HOLDING>), cert, granted, - U.S. -, 117 S.Ct. 2430, 138 
 Holding statements: (A) holding that title vii does not address samesex harassment (B) holding that samesex sexual harassment claims are not actionable under title vii (C) holding that title vii does not protect employees from harassment based on sexual orientation (D) holding that samcscx sexual harassment claims are actionable under title vii (E) holding that title vii does not include a continuing violation doctrine
answer:
(A)


question:
an effort by the legislature to “set the metes and bounds of recovery rights in tort suits based on the sale or furnishing of intoxicants.” Fuhrman v. Total Petroleum, Inc., 398 N.W.2d 807, 808 (Iowa 1987) (emphasis added). In its current form, the statute is phrased in language particularly indicative of tort theory in that liability is based on service to a person when “the licensee ... knew or should have known the person was intoxicated” or “would become intoxicated.” See 57 Am.Jur.2d Negligence § 54 at 402 (1971) (“Fundamentally, the duty of a person to use care and his liability for negligence depend on the tendency of his acts under the circumstances as they are known or should be known to him.”). Historically, dram shop statutes were created to fill a void left empty at commo (<HOLDING>); see also Rinden, Judicial Prohibition? 
 Holding statements: (A) holding that defendants affirmative acts of driving minor to robbery helping minor enter the building and serving as a lookout for the minor warranted sentencing enhancement (B) holding a common law cause of action exists against a nonlicensee who furnishes alcohol to a minor in violation of iowa code section 12347 where the minor subsequently causes the plaintiffs injuries (C) holding that reasonable attorneys fees for the benefit of a minor in defending the minor against a criminal charge were necessaries (D) holding that an enhancement for distribution of child pornography to a minor was improper because the pornographic materials at issue were transmitted to an undercover law enforcement officer who was not a minor (E) holding in a case in which negligence was based on the illegal sale of alcohol to a minor in violation of iowa code section 12343 now section 12347 that proximate cause was an issue to be resolved by the finder of fact
answer:

(B)


