alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2016419EN.01003601.xml

| 14.11.2016 | EN | Official Journal of the European Union | C 419/36 |
| --- | --- | --- | --- |

14.11.2016

EN

Official Journal of the European Union

C 419/36

---

Judgment of the General Court of 4 October 2016 — Lidl Stiftung v EUIPO — Horno del Espinar (Castello)

(Case T-549/14) (1)

1

((EU trade mark - Opposition proceedings - Application for the EU word mark Castello - Earlier national and EU figurative marks Castelló - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2016/C 419/45)

Language of the case: English

Parties

Parties

Applicant: Lidl Stiftung & Co. KG (Neckarsulm, Germany) (represented by: M. Wolter, M. Kefferpütz and A. Marx, lawyers)

Applicant:

Defendant: European Union Intellectual Property Office (represented initially by P. Geroulakos and D. Botis, subsequently by D. Botis and lastly by D. Gája, acting as Agents)

Defendant:

Other party to the proceedings before the Board of Appeal of EUIPO: Horno del Espinar, SL (El Espinar, Spain)

Other party to the proceedings before the Board of Appeal of EUIPO:

Re:

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 22 April 2014 (Joined Cases R 1233/2013-2 and R 1258/2013-2) relating to opposition proceedings between Horno del Espinar and Lidl Stiftung & Co.

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Annuls the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 22 April 2014 (Joined Cases R 1233/2013-2 and R 1258/2013-2) relating to opposition proceedings between Horno del Espinar, SL and Lidl Stiftung & Co. KG insofar as the Board of Appeal held that there was a likelihood of confusion as regards the frozen fruit and vegetables in Class 29 of the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended; |
| --- | --- |

1.

Annuls the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 22 April 2014 (Joined Cases R 1233/2013-2 and R 1258/2013-2) relating to opposition proceedings between Horno del Espinar, SL and Lidl Stiftung & Co. KG insofar as the Board of Appeal held that there was a likelihood of confusion as regards the frozen fruit and vegetables in Class 29 of the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended;

| 2. | Dismisses the action as to the remainder; |
| --- | --- |

2.

Dismisses the action as to the remainder;

| 3. | Orders Lidl Stiftung & Co. to bear, in addition to its own costs, three quarters of the costs incurred by EUIPO; |
| --- | --- |

3.

Orders Lidl Stiftung & Co. to bear, in addition to its own costs, three quarters of the costs incurred by EUIPO;

| 4. | Orders EUIPO to bear one quarter of its own costs. |
| --- | --- |

4.

Orders EUIPO to bear one quarter of its own costs.

---

(1)  OJ C 351, 6.10.2014.

1

---
#### § 822.14 May I reference information previously submitted instead of submitting it again?

Yes, you may reference information that you have submitted in premarket submissions as well as other postmarket surveillance submissions. You must specify the information to be incorporated and the document number and pages where the information is located.
_________________________________________ 

 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

October 4, 2006 Clifford W. Taylor,

 Chief Justice 

129043 Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

JOHN POWELL,

Plaintiff-Appellee, 

Robert P. Young, Jr. 

Stephen J. Markman,

 Justices 

v SC: 129043 

COA: 261541

 Court of Claims: 04-000077-MD 

DEPARTMENT OF TRANSPORTATION,

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the June 16, 2005 

judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in 

lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals and 

we REMAND this case to the Court of Claims for entry of an order granting the 

defendant’s motion for summary disposition. The plaintiff’s claim is barred by 

governmental immunity. The highway exception to governmental immunity does not 

apply because the shoulder of a highway is not part of the “improved portion of the 

highway designed for vehicular travel” for purposes of the highway exception to 

governmental immunity, MCL 691.1402(1), and is not “designed for vehicular travel.” 

Grimes v Dep’t of Transportation, 475 Mich 72, 73 (2006). 

CAVANAGH, J., would deny leave to appeal. 

s0927 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

October 4, 2006 

 Clerk
#### State ex rel. Harrell *v.*City of Wabash et al.

[No. 17,446.

Filed March 15, 1946.

Rehearing Denied April 12, 1946. Transfer Denied October 3, 1946.]

*O. F. Rhoades,*of Peru, *Frank J. Crawford,*of Terre Haute, *U. S. Lesh,*of Huntington, and *James E. Lesh,*of Indianapolis, for appellant.

*Franklin W. Plummer,*of Wabash, for appellees.

Flanagan, C. J.

The sole question presented by this appeal is whether the chief of the fire force in a fifth-class city is a “member” of such fire force so as to be eligible to membership in the Firemen’s Pension Fund created under the 1937 Act. Acts 1937, Ch. 31, §§48-6518 to 48-6544, Burns’ 1933 (Supp.). Appellant unsuccessfully contended in the trial court for an affirmative answer to the question.

*683
      *682We think the decision of the trial court was clearly *683correct. The involved Pension Fund Act in all its provisions and by its clear and explicit terms applies only to “members” of the fire force. The statute which governs the appointment and removal of members of the fire force and the chief of the fire force respectively in cities of the fifth class (Acts 1905, Ch. 129) makes clear that the “chief” is not a “member.” Section 160 of that Act as amended in 1935 [Acts 1935, Chapter 282, § 48-6105, Burns’ 1933 (Supp.)] provides that a “member” of the fire force is subject to discharge only for cause. But Section 80 of the same Act (§48-1502, Burns’ 1933, §11459, Baldwin’s 1934) provides that the chief of the fire force serves at the pleasure of the mayor.

This interpretation seems to us to be in harmony with the apparent purpose of the Pension Fund Act. While there are provisions for payments upon disability or death of a member, the provisions likely to find most numerous application are those concerning pensions to members upon discharge or retirement after many years of service.

These later benefits would rarely accrue to one who is appointed for a term of only four years at a time and who is subject to discharge at any time during that period at the pleasure of the mayor.. It would seem that the Legislature noted the distinction between the chief of a fire force appointed for. a short and uncertain period and the members of a fire force under a fireman’s tenure law, and with that distinction in mind enacted a practical pension law affecting only those who in the ordinary course of events could benefit by its provisions.

Judgment affirmed.

Note. — Reported in 65 N. E. (2d) 494.
EXHIBIT 10.6

                                 PROMISSORY NOTE

$50,000.00                        Dallas, Texas                September 3, 1998

         FOR VALUE  RECEIVED,  Preferred  Voice,  Inc.,  a Delaware  corporation
promises to pay to the order of the Lawrence E. Steinberg,  at 5420 LBJ Freeway,
Suite 540, LB 56,  Dallas,  Texas 75240,  or at such other address as the holder
hereof may designate,  the principal sum of Fifty Thousand Dollars ($50,000.00),
together  with  interest on the unpaid  principal  balance  from the date hereof
until this note is paid in full at a rate of 10% per annum.

         Principal and interest shall be payable in one installment on September
3, 1999.

         All payments  received shall be applied first to the payment of accrued
interest and then to the payment of principal.

         Maker shall have the right to prepay any and all amounts due  hereunder
without penalty for the privilege of doing so.

         No payment shall be considered in default  unless it is not paid within
ten (10) days after delivery of written notice of nonpayment.

         In the event  default is made in the  payment of this Note,  the unpaid
balance on this Note shall at once become due and payable,  without  notice,  at
the option of the Holder. Failure to exercise this option shall not constitute a
waiver of the right to declare the entire  principal  due and payable at once at
any subsequent time.

         If, after default,  this Note is placed in the hands of an attorney for
collection,  or if collected  through judicial  proceeding,  Maker shall pay, in
addition to the sums  referred to above,  a reasonable  sum as a  collection  or
attorneys'  fee and all other  costs  incurred  by Holder in  collection  of the
unpaid amounts due hereunder.

         Each maker, surety,  guarantor,  endorser or other party liable for the
payment of this Note, in whole or in part,  hereby expressly waives  presentment
and demand for payment,  notice of intention to accelerate  maturity,  notice of
acceleration of maturity, protest and notice of protest and nonpayment, bringing
of suit and  diligence  in taking any action to collect sums owing  hereon,  and
agree that this Note,  and any payment  hereunder,  may be extended from time to
time without in any way affecting such liability.

MAKER:

Preferred Voice, Inc.


------------------------
G. Ray Miller
Its: President
§ 526.465 Cloxacillin sodium. ( a ) *Specifications.* Each single-dose, 10-milliliter syringe contains cloxacillin sodium equivalent to 200 milligrams (mg) cloxacillin.
( b ) *Sponsor.* See No. 000061 in § 510.600(c) of this chapter.
( c ) *Related tolerances.* See § 556.165 of this chapter.
( d ) *Conditions of use in lactating cows* — ( 1 ) *Amount.* Infuse the contents of one syringe (equivalent to 200 mg cloxacillin) into each infected quarter. Treatment should be repeated at 12-hour intervals for a total of 3 doses.
( 2 ) *Indications for use.* For the treatment of mastitis in lactating cows due to *Streptococcus agalactiae* and *Staphylococcus aureus,* nonpenicillinase-producing strains.
( 3 ) *Limitations.* Milk taken from treated animals within 48 hours (4 milkings) after the latest treatment should not be used for food. Treated animals should not be slaughtered for food within 10 days after the latest treatment. Federal law restricts this drug to use by or on the order of a licensed veterinarian.
[57 FR 37335, Aug. 18, 1992, as amended at 60 FR 55660, Nov. 2, 1995; 68 FR 44878, July 31, 2003. Redesignated at 85 FR 18120, Apr. 1, 2020. Redesignated and amended at 86 FR 13186, Mar. 8, 2021]
Editorial Note on Part 73
Editorial Note: Nomenclature changes to part 73 appear at 66 FR 66742, Dec. 27, 2001.

§ 73.3117 16,23-Dihydrodinaphtho[2,3-a:2′,3′-i] naphth [2′,3′:6,7] indolo [2,3-c] carbazole-5,10,15,17,22,24-hexone. ( a ) *Identity.* The color additive is 16,23-dihydrodinaphtho [2,3- *a:*2′,3′-*i*] napth [2′,3′:6,7] indolo [2, 3-*c*] carbazole-5,10, 15,17,22,24-hexone (CAS Reg. No. 2475-33-4), Colour Index No. 70800.
( b ) *Uses and restrictions.* ( 1 ) The substance listed in paragraph (a) of this section may be used as a color additive in contact lenses in amounts not to exceed the minimum reasonably required to accomplish the intended coloring effect.
( 2 ) Authorization for this use shall not be construed as waiving any of the requirements of sections 510(k), 515, and 520(g) of the Federal Food, Drug, and Cosmetic Act with respect to the contact lens in which the color additive is used.
( c ) *Labeling.* The label of the color additive shall conform to the requirements of § 70.25 of this chapter.
( d ) *Exemption from certification.* Certification of this color additive is not necessary for the protection of the public health, and therefore the color additive is exempt from the certification requirements of section 721(c) of the act.
[48 FR 31375, July 8, 1983]
**EXHIBIT
      32.2**




**CERTIFICATION
      PURSUANT TO**


**18
      U.S.C. SECTION 1350**


**AS
      ADOPTED PURSUANT TO**


**SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002**




In
      connection with the Quarterly Report of Central Wireless, Inc. (the “Company”)
      on Form 10-QSB for the quarter ended June 30, 2005 as filed with the Securities
      and Exchange Commission on the date hereof (the “Report”), the undersigned, in
      the capacities and on the dates indicated below, hereby certifies pursuant
      to 18
      U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
      Act of 2002, that to his knowledge:




1.
      The
      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 Report fairly presents, in all material respects,
      the financial condition and results of operation of the Company.




Date: January
              19, 2007
            By:
            /s/ *Kenneth
              W. Brand*Kenneth
                W. Brand
              Acting
                Principal Financial Officer




A
      signed
      original of this written statement required by Section 906, or other document
      authentications, acknowledging, or otherwise adopting the signature that appears
      in typed form within the electronic version of this written statement required
      by Section 906, has been provided to Central Wireless, Inc. and will be retained
      by Central Wireless, Inc. and furnished to the Securities and Exchange
      Commission or its staff upon request.
11TH COURT OF APPEALS

EASTLAND, TEXAS

JUDGMENT

The State of Texas, * From the 32nd District

 Court of Mitchell County,

 Trial Court No. 7363.

Vs. No. 11-12-00315-CR * May 30, 2014

John Berry Jackson, * Opinion by Wright, C.J.

 (Panel consists of: Wright, C.J.,

 Willson, J., and Bailey, J.)

This court has inspected the record in this cause and concludes that there is 

no error in the order below. Therefore, in accordance with this court’s opinion, 

the order of the trial court is in all things affirmed. The costs incurred by reason 

of this appeal are taxed against the State of Texas.
#### Alexander Showe et al. *v.*Robert W. Raddatz et al.

*Joseph J. Sensale,*for the appellees-appellants (plaintiffs).

Argued November 4

decided November 5, 1969

The motion by the plaintiffs to dismiss the appeal of the defendants James C. and Sherrill Gf. Miller from the Court of Common Pleas in New Haven County is granted.
Editorial Note on Part 73
Editorial Note: Nomenclature changes to part 73 appear at 66 FR 66742, Dec. 27, 2001.

§ 73.2087 Carmine. ( a ) *Identity and specifications.* The color additive carmine shall conform in identity and specifications to the requirements of § 73.100 (a)(2) and (b)(2).
( b ) *Use and restrictions.* Carmine may be safely used in cosmetics generally, including cosmetics intended for use in the area of the eye, in amounts consistent with good manufacturing practices.
( c ) *Labeling.* ( 1 ) The color additive and any mixture prepared therefrom intended solely or in part for coloring purposes shall bear, in addition to any information required by law, labeling in accordance with the provisions of § 70.25 of this chapter.
( 2 ) Cosmetics containing carmine that are not subject to the requirements of § 701.3 of this chapter shall specifically declare the presence of carmine prominently and conspicuously at least once in the labeling. For example: “Contains carmine as a color additive.”
( d ) *Exemption from certification.* Certification of this color additive is not necessary for the protection of the public health, and therefore batches thereof are exempt from the certification pursuant to section 721(c) of the act.
[42 FR 32228, June 24, 1977, as amended at 74 FR 216, Jan. 5, 2009]
Editorial Note on Part 862
Editorial Note: Nomenclature changes to part 862 appear at 73 FR 35341, June 23, 2008.

§ 862.1065 Ammonia test system. ( a ) *Identification.* An ammonia test system is a device intended to measure ammonia levels in blood, serum, and plasma, Ammonia measurements are used in the diagnosis and treatment of severe liver disorders, such as cirrhosis, hepatitis, and Reye's syndrome.
( b ) *Classification.* Class I.
No. 76-6341.

#### La Violette *v.*United States.

C. A. 9th Cir. Certiorari denied.
#### § 809.4 Confidentiality of submitted information.

Data and information submitted under § 809.10(c) that are shown to fall within the exemption established in § 20.61 of this chapter shall be treated as confidential by the Food and Drug Administration and any person to whom the data and information are referred. The Food and Drug Administration will determine whether information submitted will be treated as confidential in accordance with the provisions of part 20 of this chapter.

[45 FR 7484, Feb. 1, 1980]
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS FINANCIAL INFORMATION EXTRACTED FROM THE UNAUDITED
SEPTEMBER 30, 1999 FINANCIAL STATEMENTS AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          MAR-31-2000
<PERIOD-END>                               SEP-30-1999
<CASH>                                          26,199
<SECURITIES>                                 3,615,859
<RECEIVABLES>                                  503,445
<ALLOWANCES>                                   125,538
<INVENTORY>                                          0
<CURRENT-ASSETS>                             4,696,337
<PP&E>                                       2,016,510
<DEPRECIATION>                               1,708,984
<TOTAL-ASSETS>                               5,707,662
<CURRENT-LIABILITIES>                          992,407
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        32,270
<OTHER-SE>                                   8,966,195
<TOTAL-LIABILITY-AND-EQUITY>                 5,707,662
<SALES>                                      5,800,612
<TOTAL-REVENUES>                             6,677,412
<CGS>                                                0
<TOTAL-COSTS>                                  642,493
<OTHER-EXPENSES>                             2,261,686
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              23,196
<INCOME-PRETAX>                              3,833,803
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          3,833,803
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 3,833,803
<EPS-BASIC>                                     1.19
<EPS-DILUTED>                                     1.10


</TABLE>
Exhibit 32



SECTION 1350 CERTIFICATION



In connection with the quarterly report of InZon Corporation (formerly W-J International, Ltd.) (Company) on Form 10-QSB for the quarter ended March 31, 2007 as filed with the Securities and Exchange Commission (Report), the undersigned, in the capacities and on the dated indicated below, hereby certify pursuant to Section 906 of the Sarbanes-Oxley Act of 2003 (18 U.S.C. Section 1350) that to their knowledge:



1.

The 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 Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



|                    |                                     
|------------------- | ------------------------------------
|Dated: May 10, 2007 | By: /s/ David F. Levy               
|                    | David F. Levy, President            
|                    | Principal Executive Officer         
|                    |                                     
|Dated: May 10, 2007 | By: /s/ Richard Dea                 
|                    | Richard Dea, Chief Financial Officer
Exhibit 23.1

Consent of Independent Registered Public Accounting Firm

We consent to the incorporation by reference in the
following Registration Statements:



|(1) | Registration Statement (Form S-8 No. 333-13405) pertaining to the Amended and Restated 1995 Equity Participation Plan of Ambassadors International, Inc.,
|--- | ---------------------------------------------------------------------------------------------------------------------------------------------------------



|(2) | Registration Statement (Form S-8 No. 333-81023) pertaining to the Amended and Restated 1995 Equity Participation Plan of Ambassadors International, Inc.,
|--- | ---------------------------------------------------------------------------------------------------------------------------------------------------------



|(3) | Registration Statement (Form S-8 No. 333-104280) pertaining to the Amended and Restated 1995 Equity Participation Plan of Ambassadors International, Inc., and
|--- | --------------------------------------------------------------------------------------------------------------------------------------------------------------



|(4) | Registration Statement (Form S-8 No. 333-129404) pertaining to the 2005 Incentive Award Plan of Ambassadors International, Inc.;
|--- | --------------------------------------------------------------------------------------------------------------------------------

of our report dated March 15, 2007, with respect to the consolidated financial statements and schedule of Ambassadors International, Inc. incorporated herein by
reference, our report dated March 15, 2007, with respect to Ambassadors International, Inc. managements assessment of the effectiveness of internal control over financial reporting and the effectiveness of internal control over financial
reporting of Ambassadors International, Inc., included herein.

/s/ Ernst & Young LLP

Irvine, California

March 15, 2007