alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**Judgment of the Court of First Instance (Third Chamber) of 15 December 2006 – Ferrero Deutschland v OHIM – Cornu (FERRO)**

**(Case T‐310/04)**

Community trade mark – Opposition proceedings – Application for the Community word mark FERRO – Earlier national word mark FERRERO – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 – Similarity of goods

Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services
(Council Regulation No 40/94, Art. 8(1)(b)) (see paras 61-112)

**Re:**

| |
| --- |
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 17 March 2004 (Case R 540/2002-4), relating to opposition proceedings between Ferrero OHG mbH and Cornu SA Fontain. |

**Information relating to the case**

| | |
| --- | --- |
| Applicant for the Community trade mark: | Cornu SA Fontain |
| Community trade mark sought: | Word mark FERRO for goods in Class 30 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Ferrero OHG mbH |
| Mark or sign cited in opposition: | National word mark FERRERO for goods in Classes 5, 29, 30, 32 and 33 |
| Decision of the Opposition Division: | Opposition dismissed |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

| | | |
| --- | --- | --- |
| | | Dismisses the action; |

| | | |
| --- | --- | --- |
| | | Orders the applicant to pay its own costs, the whole of the costs relating to the procedural issue concerning its substitution for Ferrero OHG mbH, and half of the costs incurred by the intervener; |

| | | |
| --- | --- | --- |
| | | Orders the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay its own costs and half of those incurred by the intervener. |
### **CHAPTER 207—FEDERAL ELECTION RECORDS**

Sec.
20701.
Retention and preservation of records and papers by officers of elections; deposit with custodian; penalty for violation.
20702.
Theft, destruction, concealment, mutilation, or alteration of records or papers; penalties.
20703.
Demand for records or papers by Attorney General or representative; statement of basis and purpose.
20704.
Disclosure of records or papers.
20705.
Jurisdiction to compel production of records or papers.
20706.
"Officer of election" defined.
#### WHITE, Respondent, v. PENNSYLVANIA R. CO., Appellant.

(Supreme Court, Appellate Division, Fourth Department.

November 24, 1903.)

Action by Perry A. White, an infant, etc., against the Pennsylvania Railroad Company.

PER CURIAM.

Judgment and order reversed, and new trial ordered, with costs to the appellant to abide event, upon questions of law and of fact. Held, that the finding of the jury that the plaintiff did not know of the danger involved in the use of the saw without the guard is against the weight of the evidence.
EXHIBIT 12.01

                                  SBARRO, INC.
                COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES
                             (DOLLARS IN THOUSANDS)

<TABLE>
<CAPTION>

                                                                       FISCAL YEAR
                                                                       -----------

                                           2001            2000           1999              1998            1997
<S>                                      <C>             <C>            <C>                <C>             <C>
Fixed charges:

Interest expense                         $30,950         $30,243         $7,899                $0               $0
Rental expense                            24,154          22,412         21,845            20,552           18,899
                                         -------         -------        -------            ------          -------

Total fixed charges (1)                  $55,104         $52,655        $29,744           $20,552          $18,899
                                         =======         =======        =======           =======          =======
Earnings available for
  fixed charges:

Earnings (2)                             (14,573)         20,113         48,156            57,136           58,100
Add fixed charges                         55,104          52,655         29,744            20,552           18,899
                                         -------         -------        -------            ------          -------
Total earnings available
  for fixed charges                      $40,531         $72,768        $77,900            77,688          $76,999
                                         =======         =======        =======           =======          =======
Ratio of earnings to
  Fixed charges (3)                          0.7             1.4            3.8               3.8              4.1
                                             ===             ===            ===               ===              ===

</TABLE>

(1)  Total fixed  charges  consist of interest  and  one-third  of rent  expense
     (deemed to be a reasonable approximation of the interest factor for rent).
(2)  Earnings represents income before income taxes, cumulative effect of change
     in method of accounting,  minority interest and equity in net income (loss)
     of unconsolidated affiliates.
(3)  The ratio of earnings to fixed charges has been computed  based on dividing
     total earnings available for fixed charges by total fixed charges.
<TABLE> <S> <C>






<ARTICLE> 5
<LEGEND>
THE SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE BALANCE
SHEET AS OF DECEMBER 31, 1997 AND FROM THE STATEMENT OF OPERATIONS FOR THE YEAR
ENDED DECEMBER 31, 1997 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                         784,459
<SECURITIES>                                 1,562,813
<RECEIVABLES>                                  111,152
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0<F1>
<PP&E>                                      38,660,912
<DEPRECIATION>                              22,862,493
<TOTAL-ASSETS>                              43,289,608
<CURRENT-LIABILITIES>                                0<F1>
<BONDS>                                     26,872,563
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                  15,703,352
<TOTAL-LIABILITY-AND-EQUITY>                43,289,608
<SALES>                                      9,493,634
<TOTAL-REVENUES>                             9,608,273
<CGS>                                                0
<TOTAL-COSTS>                                6,757,243
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           2,194,368
<INCOME-PRETAX>                                205,657
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            205,657
<DISCONTINUED>                                       0
<EXTRAORDINARY>                               (98,544)
<CHANGES>                                            0
<NET-INCOME>                                   107,113
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
<FN>
<F1>THE PARTNERSHIP HAS AN UNCLASSIFIED BALANCE SHEET; THEREFORE, THE VALUE IS $0.
</FN>


</TABLE>
### §5710. Authority for travel expenses test programs

(a)(1) Notwithstanding any other provision of this subchapter, under a test program which the Administrator of General Services determines to be in the interest of the Government and approves, an agency may pay through the proper disbursing official for a period not to exceed 24 months any necessary travel expenses in lieu of any payment otherwise authorized or required under this subchapter. An agency shall include in any request to the Administrator for approval of such a test program an analysis of the expected costs and benefits and a set of criteria for evaluating the effectiveness of the program.

(2) Any test program conducted under this section shall be designed to enhance cost savings or other efficiencies that accrue to the Government.

(3) Nothing in this section is intended to limit the authority of any agency to conduct test programs.

(b) The Administrator shall transmit a copy of any test program approved by the Administrator under this section to the appropriate committees of the Congress at least 30 days before the effective date of the program.

(c) An agency authorized to conduct a test program under subsection (a) shall provide to the Administrator and the appropriate committees of the Congress a report on the results of the program no later than 3 months after completion of the program.

(d) No more than 10 test programs under this section may be conducted simultaneously.

(e) The authority to conduct test programs under this section shall expire 7 years after the date of the enactment of the Travel and Transportation Reform Act of 1998.

(Added Pub. L. 105–264, §5(a), Oct. 19, 1998, 112 Stat. 2354.)

#### **Editorial Notes**

#### References in Text

The date of the enactment of the Travel and Transportation Reform Act of 1998, referred to in subsec. (e), is the date of enactment of Pub. L. 105–264, which was approved Oct. 19, 1998.
[Federal Register Volume 85, Number 245 (Monday, December 21, 2020)]
[Notices]
[Page 83073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28093]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission


Combined Notice of Filings

    Take notice that the Commission has received the following Natural 
Gas Pipeline Rate and Refund Report filings:

    Docket Numbers: RP21-308-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate--CNG Amended 
NRA 510796 to be effective 12/15/2020.
    Filed Date: 12/14/20.
    Accession Number: 20201214-5065.
    Comments Due: 5 p.m. ET 12/28/20.

    The filings are accessible in the Commission's eLibrary system 
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying 
the docket number.
    Any person desiring to intervene or protest in any of the above 
proceedings must file in accordance with Rules 211 and 214 of the 
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 
p.m. Eastern time on the specified comment date. Protests may be 
considered, but intervention is necessary to become a party to the 
proceeding.
    eFiling is encouraged. More detailed information relating to filing 
requirements, interventions, protests, service, and qualifying 
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 
(toll free). For TTY, call (202) 502-8659.

    Dated: December 15, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-28093 Filed 12-18-20; 8:45 am]
BILLING CODE 6717-01-P
#### A. W. Donnerstag, appellee, v. Gerald E. Christopher et al., trading as Christopher Motor Car Company, appellants.

Gen. No. 29,651.

Action in conversion. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Asa G. Adams, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1924.

Affirmed.

Opinion filed April 13, 1925.

M. E. Gallion and H. P. O’Connell, for appellants.

H. F. Tucker and H. E. Wynekoop, for appellee.

Mr. Justice Matchett

delivered the opinion of the court.
IV 

118TH CONGRESS 

2D SESSION H. RES. 1200 

Expressing support for the designation of the week of May 5, 2024, through 

May 11, 2024, as ‘‘Tardive Dyskinesia Awareness Week’’. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 6, 2024 

Mr. PETERS (for himself, Mr. BILIRAKIS, Mr. MULLIN, and Mr. BEAN of 

Florida) submitted the following resolution; which was referred to the 

Committee on Energy and Commerce 

RESOLUTION 

Expressing support for the designation of the week of May 

5, 2024, through May 11, 2024, as ‘‘Tardive Dyskinesia 

Awareness Week’’. 

Whereas many people living with serious mental illnesses (for 

example, bipolar disorder, major depressive disorder, 

schizophrenia, and schizoaffective disorder) or gastrointestinal disorders (for example, gastroparesis, upset 

stomach, nausea, and vomiting) may be treated with 

medications that work as dopamine receptor blocking 

agents, including antipsychotics and antiemetics; 

Whereas, while ongoing treatment with these medications can 

be necessary, prolonged use is associated with tardive 

dyskinesia (TD), an involuntary movement disorder that 

is characterized by uncontrollable, abnormal, and repetVerDate Sep 11 2014 02:38 May 07, 2024 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\HR1200.IH HR1200

kjohnson on DSK7ZCZBW3PROD with $$_JOB
2 

•HRES 1200 IH 

itive movements of the face, torso, limbs, and fingers or 

toes; 

Whereas even mild symptoms of TD can impact people physically, socially, and emotionally; 

Whereas it is estimated that TD affects approximately 

600,000 people in the United States, and approximately 

65 percent of people with TD have not been diagnosed, 

making it important to raise awareness about the symptoms; 

Whereas it is important that people taking these medications 

be monitored for TD by a health care provider, and regular screening for TD is recommended by the American 

Psychiatric Association; 

Whereas clinical research has led to approval of treatments 

for adults with TD by the Food and Drug Administration, and recognition and treatment of TD can make a 

positive impact in the lives of many people experiencing 

psychotic and mood disorders; and 

Whereas the House of Representatives can raise awareness of 

TD among the public and medical community: Now, 

therefore, be it 

1 Resolved, That the House of Representatives— 

2 (1) expresses support for the designation of 

3 ‘‘Tardive Dyskinesia Awareness Week’’; and 

4 (2) encourages each individual in the United 

5 States to become better informed about and aware 

6 of tardive dyskinesia. 

Æ 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
EXHIBIT 21.01



NAME OF SUBSIDIARY                          STATE OF                 PERCENTAGE
       (1)(2)                              INCORPORATION              OWNERSHIP
-------------------                        -------------             -----------

Sbarro of Virginia, Inc.                   Virginia                  100

Sbarro America, Inc.                       New York                  100

      Sbarro's of Texas, Inc.              Texas                      49(3)

Italian Food Franchising,
    Inc.                                   New York                   100

Corest Management, Inc.                    New York                   100

Franrest Management, Inc.                  New York                   100

Larkfield Equipment Corp.                  New York                   100

Sbarro of Roosevelt Field
    Inc.                                   New York                   100

Melville Advertising
   Agency, Inc.                            New York                   100

401 Broadhollow Realty Corp.               New York                   100


(1)      Excludes subsidiaries which, if considered in the aggregate as a single
         subsidiary,  would not constitute a significant  subsidiary (within the
         meaning of Rule 1-02(v) of Regulation  S-X) as of the end of the fiscal
         year covered by this report.

(2)      Indentation indicates the direct parent of an indirect subsidiary.

(3)      Sbarro  America, Inc. beneficially  owns 100% of the outstanding shares
         of the indicated subsidiary.
EXHIBIT 32

 

CERTIFICATIONS OF CHIEF EXECUTIVE OFFICER AND

CHIEF FINANCIAL OFFICER

**Pursuant to 18 United States Code Section 1350,**

**as adopted pursuant to Section 906 of The Sarbanes-Oxley Act of 2002**

 

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, Leonard F. Leganza, the Chief Executive Officer of The Eastern Company (the “Company”) and John L. Sullivan III, the Chief Financial Officer of the Company, hereby certify that, to the best of their knowledge:

 

| 1) | The Company’s Quarterly Report on Form 10-Q for the Period ended April 4, 2009, and to which this certification is attached as Exhibit 32 (the “Periodic Report”) fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934, and |
|----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

 

| 2) | The information contained in the Periodic Report fairly presents, in all material respects, the financial condition and results of operations of the Company. |
|----|---------------------------------------------------------------------------------------------------------------------------------------------------------------|

 

In Witness Whereof, the undersigned have set their hands hereto as of the 29th day of April, 2009.

 

|   | /s/ Leonard F. Leganza    |
|--------|---------------------------|
|   | Leonard F. Leganza

CEO   |
|   |                      |
|   | /s/ John L. Sullivan III  |
|   | John L. Sullivan III

CFO |

 

 

A signed original of this written statement required by Section 906 has been provided to The Eastern Company and will be retained by The Eastern Company and furnished to the Securities and Exchange Commission or its staff upon request. 

 

This certification “accompanies” the Form 10-Q to which it relates, is not deemed filed with the SEC and is not to be incorporated by reference into any filing of the Company under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended (whether made before or after the date of the Form 10-Q, irrespective of any general incorporation language contained in such filing.)
# C_2023142EN.01000901.xml

| 25.4.2023 | EN | Official Journal of the European Union | C 142/9 |
| --- | --- | --- | --- |

25.4.2023

EN

Official Journal of the European Union

C 142/9

---

Notice for the attention of the persons and entity to whom measures provided for in Council Decision 2011/235/CFSP, as implemented by Council Implementing Decision (CFSP) 2023/849 and in Council Regulation (EU) No 359/2011, as implemented by Council Implementing Regulation (EU) 2023/846 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Iran apply

(2023/C 142/07)

The following information is brought to the attention of the persons and entity that appear in the Annex to Council Decision 2011/235/CFSP (1), as implemented by Council Implementing Decision (CFSP) 2023/849 (2), and in Annex I to Council Regulation (EU) No 359/2011 (3), as implemented by Council Implementing Regulation (EU) 2023/846 (4) concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Iran.

The Council of the European Union has decided that those persons and entity should be included on the list of persons and entities subject to restrictive measures provided for in Decision 2011/235/CFSP and in Regulation (EU) No 359/2011.

The attention of the persons and entity concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated on the websites in Annex II to Regulation (EU) No 359/2011, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 4 of the Regulation).

The persons and entity concerned may submit a request to the Council before 1 January 2024, together with supporting documentation that the decision to include them on the above-mentioned list should be reconsidered to the following address:

| Council of the European Union |
| --- |
| General Secretariat |
| RELEX.1 |
| Rue de la Loi/Wetstraat 175 |
| 1048 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

Council of the European Union

General Secretariat

RELEX.1

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

Email: sanctions@consilium.europa.eu

The attention of the persons and entity concerned is also drawn to the possibility of challenging the Council's decision before the General Court of the European Union, in accordance with the conditions laid down in Article 275, second paragraph, and Article 263, fourth and sixth paragraphs, of the Treaty on the Functioning of the European Union.

---

(1)  OJ L 100, 14.4.2011, p. 51.

(2)  OJ L 109 I, 24.4.2023, p. 40.

(3)  OJ L 100, 14.4.2011, p. 1.

(4)  OJ L 109 I, 24.4.2023, p. 15.

---
### §30308. Cost effectiveness calculations

(a) Definitions.—In this section:

(1) Commercial provider.—The term "commercial provider" means any person providing space transportation services or other space-related activities, the primary control of which is held by persons other than a Federal, State, local, or foreign government.

(2) State.—The term "State" means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other commonwealth, territory, or possession of the United States.

(b) In General.—Except as otherwise required by law, in calculating the cost effectiveness of the cost of the Administration engaging in an activity as compared to a commercial provider, the Administrator shall compare the cost of the Administration engaging in the activity using full cost accounting principles with the price the commercial provider will charge for such activity.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3366.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 30308(a) | (no source) | |
| 30308(b) | 42 U.S.C. 2459h. | Pub. L. 106–391, title III, §304, Oct. 30, 2000, 114 Stat. 1592. |

Section

In subsection (a), definitions of "commercial provider" and "State" are added to carry forward the appropriate definitions from section 3 of the National Aeronautics and Space Administration Authorization Act of 2000 (Public Law 106–391, 114 Stat. 1579, 1580).
§ 157.2 Applicability. This part applies to: ( a ) the Office of the Secretary of Defense, the Military Departments (including the Coast Guard at all times, including when it is a Service in the Department of Homeland Security by agreement with that Department), the Office of the Chairman of the Joint Chiefs of Staff and the Joint Staff, the Combatant Commands, the Office of the Inspector General of the Department of Defense, the Defense Agencies, the DoD Field Activities, and all other organizational entities within the DoD (hereinafter referred to collectively as the “DoD Components”).
( b ) The Commissioned Corps of the U.S. Public Health Service (USPHS), under agreement with the Department of Health and Human Services, and the National Oceanic and Atmospheric Administration (NOAA), under agreement with the Department of Commerce.