alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**Judgment of the Court of First Instance (Fourth Chamber) of 12 March 2008 – Sebirán v OHIM – El Coto de Rioja (Coto D’Arcis)**

**(Case T-332/04)**

Community trade mark – Opposition proceedings – Application for Community figurative mark Coto D’Arcis – Earlier Community word marks EL COTO and COTO DE IMAZ – Relative ground for refusal – Likelihood of confusion – No damage to reputation – Article 8(1)(b) and (5) of Regulation (EC) No 40/94

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
– Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 45, 53)

**Re:**

| | |
| --- | --- |
| | ACTION brought against the decision of the Second Board of Appeal of OHIM of 15 June 2004 (Case R 550/2003-2) concerning opposition proceedings between El Coto de Rioja SA and Sebirán SL. |

**Information relating to the case**

| | |
| --- | --- |
| Applicant for the Community trade mark: | Sebirán, SL |
| Community trade mark sought: | Figurative mark Coto D’Arcis for goods in Classes 32 and 33 – Application No 1558113 |
| Proprietor of the mark or sign cited in the opposition proceedings: | El Coto de Rioja, SA |
| Mark or sign cited in opposition: | Community word marks EL COTO (No 339408) and COTO DE IMAZ (No 339333) in Classes 29, 32 and 33; International mark No 442377; and Spanish marks Nos 877219, 907966, 907967, 907985, 907989, 907993, 907994, 907995, 983888, 1290986, 1614514, 1758975 and 2172691 |
| Decision of the Opposition Division: | Dismissal of the registration |
| Decision of the Board of Appeal: | Partial annulment of the decision of the Opposition Division, registration of the mark refused for goods in Classes 32 and 33 |

**Operative part**

The Court:

| | | |
| --- | --- | --- |
| 1. | | Dismisses the action; |

| | | |
| --- | --- | --- |
| 2. | | Dismisses the application of El Coto de Rioja SA for the partial annulment of the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 15 June 2004 (Case R 550/2003-2); |

| | | |
| --- | --- | --- |
| 3. | | Orders Sebirán SL to pay its own costs and those of OHIM and one half of the costs of El Coto de Rioja SA; |

| | | |
| --- | --- | --- |
| 4. | | Orders El Coto de Rioja SA to bear one half of its own costs. |
# C_2008128EN.01003301.xml

| 24.5.2008 | EN | Official Journal of the European Union | C 128/33 |
| --- | --- | --- | --- |

24.5.2008

EN

Official Journal of the European Union

C 128/33

---

Order of the Court of First Instance of 2 April 2008 — Maison de l'Europe Avignon Méditerranée v Commission

(Case T-100/03) (1)

1

(Action for annulment - Setting up of an Info-Point Europe - Termination of an agreement entered into by the Commission and the applicant - Manifest inadmissibility)

(2008/C 128/71)

Language of the case: French

Parties

Applicant: Maison de l'Europe Avignon Méditerranée (Avignon, France) (represented by: F. Martineau, lawyer)

Applicant:

Defendant: Commission of the European Communities (represented by: J.-F. Pasquier, acting as Agent)

Defendant:

Re:

Application for the annulment of the decision of the Commission of 24 January 2003 terminating the agreement between the Commission and the applicant on the setting up of an Info-Point Europe (IPE) in Avignon

Operative part of the order

| 1. | The action is dismissed. |
| --- | --- |

1.

The action is dismissed.

| 2. | Maison de l'Europe Avignon Méditerranée is ordered to pay the costs. |
| --- | --- |

2.

Maison de l'Europe Avignon Méditerranée is ordered to pay the costs.

---

(1)  OJ C 112, 10.5.2003.

1

---
|Exhibit 32.1
|------------



|Certification of Glen L. Shank 
President and Chairman of the Board  of  Duckwall-ALCO Stores, Inc.
|---------------------------------------------------------------------------------------------------



|I, Glen L. Shank,
President and Chairman of the Board of Duckwall-ALCO Stores, Inc., hereby certify, in
accordance with 18 U.S.C.ss.1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that:
|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | (a) | The
Quarterly Report on Form 10-Q for the quarter ended May 2,  2004, which accompanies this
certification, fully complies  with the requirements of section 13(a) or 15(d) of the
Securities Exchange Act of 1934, as amended; and
| | --- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | (b) | The
information contained in the Quarterly Report on Form 10-Q  for the quarter ended May 2,
2004, which accompanies this  certification, fairly presents, in all material respects,
the  financial condition and results of operations of Duckwall-ALCO  Stores, Inc.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | By: |  | /s/ Glen L. Shank 
      Glen L. Shank 
      President and Chairman of the Board
| | --- |  | ---------------------------------------------------------------------------------



|Dated:  June 11, 2004
|---------------------



| |  | 
| |  | 



---
§ 2400.33 Loss or possible compromise. ( a ) Any person who has knowledge of the loss or possible compromise of classified information shall immediately report the circumstances to the Security Officer. The Security Officer shall notify the Director and the agency that originated the information as soon as possible so that a damage assessment may be conducted and appropriate measures taken to negate or minimize any adverse effect of the compromise.
( b ) The Security Officer shall initiate an inquiry to: ( 1 ) Determine cause,
( 2 ) Place responsibility, and
( 3 ) Take corrective measures and appropriate administrative, disciplinary, or legal action.
( c ) The Security Officer shall keep the Director advised on the details of the inquiry.
EXHIBIT 32.2
  CERTIFICATION
  In
connection with the Amendment No. 1 to the annual report of Energroup Holdings
Corporation (the “Company”) on Form 10-K for the year ending December 31,
2008 as filed with the Securities and Exchange Commission (the “Report”), I,
Wang Shu, Chief Financial Officer (Principal Financial and Accounting Officer)
of the Company, hereby certify as of the date hereof, solely for purposes of
Title 18, Chapter 63, Section 1350 of the United States Code, that to the
best of my knowledge:
  (1) The
Report fully complies with the requirements of Section 13(a) or 15(d), as
applicable, of the Securities Exchange Act of 1934, as amended, and
  (2) The
information contained in the Report fairly presents, in all material respects,
the financial condition and results of operations of the Company at the dates
and for the periods indicated.
 Date:
      May 6, 2009
                  By:
                  /s/ Wang
      ShuWang
      ShuChief
      Financial Officer(Principal
      Financial and Accounting Officer)
  A signed
original of this written statement required by Section 906 has been
provided to the Company and will be retained by the Company and furnished to the
Securities and Exchange Commission or its staff upon request.
## SERVE D JANUARY 20,201 2 U.S . DEPARTMENTO FTRANSPORTATIO N . ". : v'.HlMEN' l Or , OFFIC EO FHEARING S ^'-I'^SPOITIATIU N,^_ ^ WASHINGTON , D C :••• • ' OPb i w\ i !U/: o In th e Matte r

o f ) ) DOCKE T NO . FAA-2010-062 0 DIAMON D AI RCHARTER , INC . ) ) (CP10EA0004 ) Responden t

) ORDE R GRANTIN GCONTINUANC EAN D SETTIN GFOURT H LITIGATIO N SCHEDULIN GCONFERENC E O n Thursday , Januar y 12 , 201 2 th e partie s appeare db y telephon e for aThir dLitigatio n Schedulin g Conference . Th e partie s discusse dth e statu s o f th e case , whic hinclude d informatio n abou t

a n arbitratio n schedule do n January 17 , 201 2 that migh t resolv e th e issu e a s t o whethe r th e Respondent , Diamon dAi r Charter , Inc . woul db e filin g an dobtainin g aCertificate o f Dissolutio n fro mth e stat e o f Ne w York . Th e partie s agree dthat the y woul dlike t o continu e th e Litigatio n Conferenc e again , t o allo w th e arbitratio n t o b e heard , an dt o allo w tim e afte r th e arbitratio n t o se e i f

th e Responden t

seek s aCertificate o f

Dissolutio n fromth e stat e o f Ne w York . I t I s Hereb y Ordered : 1 . Th e parties ' join t

Reques t for Continuanc e o f

th e Litigation Schedulin g Conferenc e i s respectfull y granted . 2 . Th e fourt

hLitigatio n Schedulin g Conferenc e i s no w se t for Tuesday , Ma y 15,201 2 a t 10:00a mEaster n time . Th e Offic e o f Hearing s shal l initiat e th e conferenc e call . 3 . Prio r t o January 12 , 2012 , i f

th e partie s reac hasettlemen t an dwis ht o mov e t o cance l th e conference, the y mus t file th e necessary settlemen t withdrawa l notic e o r

othe r necessary document(s ) withth e Offic e o f Hearings .
Judg ^ U.S . AdministfStiv e Law Judg e Attachmen t

- Servic e Lis tFA A Docke t No . CP10EA000 4 (Civi l Penalty Action ) SERVIC ELIS T ORIGINA L& ON ECOP Y Federal Aviatio n Administratio n 80 0 Independenc e Avenue , S.W . Washington , D C 2059 1 Attention : Hearin g Docke t Clerk , AGC-43 0 Wilbu r Wrigh t Buildin g - Suit e 2W1000 '

ON ECOP Y Gregor y S . Winton , Respondent' s Counse l Aviatio n Law Experts , LL C On e Researc hCourt, Suit e 45 0 Rockville , M D 2085 0 TEL : 301-294-855 0 FAX : 301-294-252 5 Zachar y M . Berman , Complainant' s Counse l Attorney , Offic e o f

th e Regiona l Counsel , EAL- 7 Federal Aviatio n Administratio n 1 Aviatio n Plaz a Jamaica , N Y 1143 4 TEL : 718-553-325 8 FAX : 718-995-569 9 Th e Honorabl e Roimi e A . Yoder , Chie f Administrativ e La

w Judg e U.S . Departmen t

o f Transportatio n Offic e o f Hearings , M-20 , Roo mE l 2-32 0 120 0 Ne w Jerse y Avenue , S.E . Washington , D C 2059 0 TEL : 202-366-214 2 FAX : 202-366-753 6

' Servic e wa s b y U.S . Mail . Fo r servic e in perso n o r

b y expedite dcourier , us e th e followin g address : Federal Aviatio n Administration , 60 0 Independenc e Avenue , S.W. , Wilbur Wright Buildin g - Suite 2W1000 , Washington , D C 20591 ; Attention : Hearin g Docke t Clerk , AGC-430 .

- 2 -
### Michigan Supreme Court Lansing, Michigan

Marilyn Kelly,
Chief Justice

Michael F. Cavanag h

Elizabeth A. Weave r

Maura D. Corriga n Robert P. Young, Jr. Stephen J. Markma n Diane M. Hathaway,

J ustices

I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

_______________________________________ __ Clerk June 28, 2010

0621 

# Order

June 28, 2010

140675

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,

v SC: 140675 COA: 294126 Wayne CC: 08-009328-FC GARREN LAVEL KENNEDY, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application for leave to appeal the January 14, 2010 order of the Court of Appeals is consider ed, and it is DENIED, because we are not persuaded that the question presented s hould be reviewed by this Court.
### **CHAPTER 22—AGRICULTURAL MARKETING**
# C_2011269EN.01004001.xml

| 10.9.2011 | EN | Official Journal of the European Union | C 269/40 |
| --- | --- | --- | --- |

10.9.2011

EN

Official Journal of the European Union

C 269/40

---

Judgment of the General Court of 14 July 2011 — Freistaat Sachsen v Commission

(Case T-357/02 RENV) (1)

1

(State aid - Aid granted by the authorities of the Free State of Saxony - Aid for coaching, participation in fairs, cooperation and design promotion - Decision declaring the aid scheme in part compatible and in part incompatible with the common market - Aid scheme for small and medium-sized enterprises - Failure to exercise discretion - Obligation to state reasons)

2011/C 269/86

Language of the case: German

Parties

Parties

Applicant: Freistaat Sachsen (Germany) (represented by: T. Lübbig, lawyer)

Applicant:

Defendant: European Commission (represented by: K. Gross, V. Kreuschitz and T. Maxian Rusche, acting as Agents)

Defendant:

Re:

Re:

Action for annulment of the second paragraph of Article 2 and of Articles 3 and 4 of Commission Decision 2003/226/EC of 24 September 2002 on an aid scheme which the Federal Republic of Germany is planning to implement — ‘Guidelines on assistance for SMEs — Improving business efficiency in Saxony’: Subprogrammes 1 (Coaching), 4 (Participation in fairs), 5 (Cooperation) and 7 (Design promotion) (OJ 2003 L 91, p. 13)

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders Freistaat Sachsen (Germany) to bear its own costs and to pay the costs incurred by the European Commission both before the General Court and before the Court of Justice. |
| --- | --- |

2.

Orders Freistaat Sachsen (Germany) to bear its own costs and to pay the costs incurred by the European Commission both before the General Court and before the Court of Justice.

---

(1)  OJ C 31, 8.2.2003.

1

---
#### In the Matter of Glen Operating Corporation et al., Appellants, v. Public Service Commission, et al., Respondents.

Application for an order permitting petitioners to eliminate from the printed record the 33 volumes of stenographer’s minutes and the 165 exhibits constituting Item. No. 3 of the return and to direct the Public Service Commission to file said minutes and exhibits with the Clerk of this court, and to allow petitioners to prosecute this proceeding upon such minutes and exhibits without prejudice to any party to refer to same upon the argument or in a brief in the manner prescribed under our rule VII. Motion denied. Attention of petitioners is directed to rules VI and VII of the rules of this court. Bergan, P. J., Coon, Gibson, Reynolds and Taylor, JJ., concur.
<TABLE>


EXHIBIT 11 - COMPUTATION OF PER SHARE EARNINGS
EDISON BROTHERS STORES, INC. AND SUBSIDIARIES


<CAPTION>
                                   13 Weeks Ended       26 Weeks Ended

                                   August 2,  August 3, August 2, August 3,
                                   1997       1996      1997      1996
                                    (In thousands, except pershare data)

<S>                                     <C>                   <C>

Income/(Loss) from continuing operations$162 $(25,215) $(16,865)$(42,890)
Preferred stock dividends                 -         -         -        -
Net Income/(Loss) applicable to common
 stock                                  $162 $(25,215) $(16,865) $(42,890)

SIMPLE AND PRIMARY
  Weighted average shares outstanding 22,202  22,202      22,202   22,168
Net effect of dilutive stock options -
       based on the treasury method       -                     -
     TOTAL                            22,202  22,202       22,202  22,168

Per common share amounts: Simple

  Net Income/(Loss) applicable to common

     stock                           $   (.01)$ (1.14)  $  (.76)  $(1.93)

Per common share amounts: Primary
  Net Income/(Loss) applicable to common
     stock                           $   (.01)$( 1.14) $   (.76)$  (1.93)

FULLY DILUTED
  Weighted average shares outstanding  22,202  22,202     22,202   22,168
  Net effect of dilutive stock options -
    based on the treasury method
    TOTAL                              22,202  22,202     22,202   22,168

Per common share amounts: Fully Diluted
Net Income/(Loss) applicable to common
     stock                           $   (.01) $(1.14)    $ (.76)$ (1.93)


</TABLE>
Exhibit 10.36

                                AMENDMENT NO. 10
 TO TRADEMARK LICENSE AND TECHNICAL ASSISTANCE AGREEMENT FOR WOMEN'S COLLECTIONS

     This  Amendment  no. 10,  dated as of March 29, 2006,  is to the  Trademark
License and Technical  Assistance  Agreement for Women's Collections dated March
4, 1998,  as  previously  amended  (the  "Agreement"),  by and between  Latitude
Licensing  Corp.  ("Licensor")  and I.C.  Isaacs & Company L.P.  ("Licensee" who
together  with  Licensor,   are  hereinafter  referred  to  as  the  "Parties").
Capitalized terms used herein have the meaning ascribed to them in the Agreement
unless otherwise indicated.

     WHEREAS,  pursuant to Section 8.1 of the Agreement,  Licensee must annually
spend upon  advertising  of the Products  throughout  the Territory a minimum of
three  percent  (3%)  of Net  Sales  but no less  than  $400,000  (the  "Minimum
Advertising Expense"); and

     WHEREAS,  Licensor and Licensee wish to amend the Agreement with respect to
the  Minimum  Advertising  Expense for  2007-2009  to reflect an increase in the
advertising budget for 2007-2009 in order to, among other things, facilitate and
support a repositioning of the Girbaud brand for better store distribution.

     NOW,  THEREFORE,  in  consideration  of the  foregoing,  and the  terms and
provisions hereinbelow set forth, and for good and valuable  consideration,  the
sufficiency and receipt of which are hereby acknowledged,  the Parties agree, as
follows:

     1.   Section 8 - Advertising and Promotion

     Section 8.1 of the  Agreement is hereby  amended by inserting the following
at the end of the second sentence thereof before the period thereto:

     ",  provided that for each of 2007,  2008 and 2009 the Minimum  Advertising
Expense shall be increased by an additional $200,000."

     2.   Full Force and Effect

     Except  as  expressly  amended  herby,  the  Agreement  and all  terms  and
provisions thereof are and shall continue to be in full force and effect.

                            [Signatures on Next Page]


<PAGE>


     IN WITNESS WHEREOF, the parties, by their duly authorized  representatives,
have executed this Amendment no. 10 as of the date first above written.


LATITUDE LICENSING CORP.             I.C. ISAACS & COMPANY L.P.

                                     By: I.C. Isaacs & Company, Inc.,
                                           its General Partner
By:    /s/ Serge J. Massat
      --------------------------
Name:  Serge J Massat
      --------------------------
Title: Secretary                     By: /s/ Peter J. Rizzo
      --------------------------         ---------------------------------------
                                         Peter J. Rizzo, Chief Executive Officer
Exhibit 32.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER

PURSUANT TO 18 U.S.C. SECTION 1350

AS ADOPTED PURSUANT TO SECTION 906

OF THE
SARBANES-OXLEY ACT OF 2002

I, Gregory S. Lang, hereby certify, in accordance with 18 U.S.C. 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, in my capacity as an officer of PMC-Sierra, Inc. (PMC), that, to my knowledge, the Annual Report of PMC on Form 10-K for the annual period ended December 28, 2008, fully complies with the requirements of
Section 13 (a) or 15(d) of the Securities Exchange Act of 1934 and that the information contained in such report fairly presents, in all material respects, the financial condition and results of operations of PMC.



|                        |  |     |  |                                      
|----------------------- |  | --- |  | -------------------------------------
|Date: February 25, 2009 |  | By: |  | /s/ Gregory S. Lang                  
|                        |  |     |  | Gregory S. Lang                      
|                        |  |     |  | President and Chief Executive Officer
NASA LogoNTRSNTRS - NASA Technical Reports ServerSearchmore_vertCollectionsAboutNewsHelpLogin Back to ResultsThe historical development and basis of human factors guidelines for automated systems in aeronautical operationsIn order to derive general design guidelines for automated systems a study was conducted on the utilization and acceptance of existing automated systems as currently employed in several commercial fields. Four principal study area were investigated by means of structured interviews, and in some cases questionnaires. The study areas were aviation, a both scheduled airline and general commercial aviation; process control and factory applications; office automation; and automation in the power industry. The results of over eighty structured interviews were analyzed and responses categoried as various human factors issues for use by both designers and users of automated equipment. These guidelines address such items as general physical features of automated equipment; personnel orientation, acceptance, and training; and both personnel and system reliability.Document ID19840012106Acquisition SourceLegacy CDMSDocument TypeContractor Report (CR)AuthorsCiciora, J. A.*(Nelson and Johnson Engineering, Inc. Boulder, CO, United States)*Leonard, S. D.*(Nelson and Johnson Engineering, Inc. Boulder, CO, United States)*Johnson, N.*(Nelson and Johnson Engineering, Inc. Boulder, CO, United States)*Amell, J.*(Nelson and Johnson Engineering, Inc. Boulder, CO, United States)*Date AcquiredSeptember 4, 2013Publication DateFebruary 1, 1984Subject CategoryMan/System Technology And Life SupportReport/Patent NumberNASA-CR-166560NAS 1.26:166560Accession Number84N20174Funding Number(s)PROJECT: RTOP 505-31-21CONTRACT_GRANT: NAS2-11523Distribution LimitsPublicCopyrightWork of the US Gov. Public Use Permitted.Available DownloadsNameType19840012106.pdfSTIcloud_downloadcontent_copyvisibilityRelated RecordsThere are no records associated with this record.visibility_offNo Preview Available
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