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.

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

A: (C)
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Q: the question of competency of counsel. Balanced against this is the possibility, in most instances quite l’emote, that an experienced member of the public defender’s staff might labor under a conflict of interest because another member of the staff was so burdened. People v. Robinson, 79 Ill.2d 147, 37 Ill.Dec. 267, 402 N.E.2d 157, 162 (1979). These two considerations outweigh any possible chilling effect on attorney client relationships at OPD. See also, Bolin v. State, 137 P.3d 136, 145 (Wyo.2006) (stating that, although conflicts involving associates at a private firm are imputed to entire firm, public defenders office “warrants slightly different treatment[,]” and adopting a ease by case analysis); cf. People v. Daniels, 52 Cal.3d 815, 277 Cal.Rptr. 122, 802 P.2d 906, 915 (1990) (<HOLDING>); People v. Banks, 121 Ill.2d 36, 117 Ill.Dec. 
 Holding statements: (A) recognizing that public utilities affect the public interest in that they render essential public services to a large number of the general public (B) holding that public meeting did not satisfy public participation requirement because public did not receive adequate notice (C) holding designated counsel acting on behalf of the office of public defender in law guardian program to be public employees for purpose of the new jersey tort claims act njsa 5911 to 123 and therefore entitled to indemnification by the state (D) holding that public defender did not face conflict requiring withdrawal when bringing collateral attack of a defendants conviction public defender was required to attack competence of previous public defender and stating that automatic disqualification  would hamper the ability of public defenders offices to represent indigents in criminal cases (E) holding a federal public defender is not a federal officer for purposes of a bivenstype action

A: (D)
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Q: M., 503 U.S. 347, 112 S.Ct. 1360, 118 L.Ed.2d 1 (1992). The intended effect of the statutory language is at best uncertain because the reference to “any such grounds applied in [Suter ], but not applied in prior Supreme Court decisions” is open to interpretation. However, “the fairest reading of Section 1320a-2 [and 1320a-10] is that Congress was concerned ... that a court should not eviscerate an otherwise enforceable right merely because it appears in a statute mandating that participating states include a particular provision in their state plans.” Messier v. Southbury Training School, 916 F.Supp. 133, 144-45 (D.Conn.1996); see also Harris v. James, 127 F.3d 993, 1002-03 (11th Cir.1997). But see LaShawn A. v. Barry, 69 F.3d 556, 568-70 (D.C.Cir.1995), vacated by 87 F.3d 1389 (1996) (<HOLDING>). In light of sections 1320a-2 and 1320a-10, 
 Holding statements: (A) holding that because buter did not use an approach different from past cases  1320a2  1320a10 are without any effect (B) recognizing that the legislature would not generally use a different meaning for the same word in a legislative provision unless a different purpose was intended (C) holding that an arbitrator was not bound by an earlier award involving a different contract and different union (D) holding that a district court cannot use the psrs factual statements when applying the modified categorical approach (E) holding that the categorical approach applies to  924c

A:
(A)
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