alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2011355EN.01002401.xml

| 3.12.2011 | EN | Official Journal of the European Union | C 355/24 |
| --- | --- | --- | --- |

3.12.2011

EN

Official Journal of the European Union

C 355/24

---

Action brought on 4 October 2011 — Maxima Grupė v OHIM — Bodegas Maximo (MAXIMA PREMIUM)

(Case T-523/11)

2011/C 355/44

Language in which the application was lodged: English

Parties

Parties

Applicant: Maxima Grupė, UAB (Vilnius, Lithuania) (represented by: R. Žabolienė and E. Saukalas, lawyers)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Defendant:

Other party to the proceedings before the Board of Appeal: Bodegas Maximo, SL (Oyón, Spain)

Other party to the proceedings before the Board of Appeal:

Form of order sought

Form of order sought

| — | Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 2 August 2011 in case R 1584/2010-4; and |
| --- | --- |

—

Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 2 August 2011 in case R 1584/2010-4; and

| — | Order the defendant to pay the costs of the proceedings. |
| --- | --- |

—

Order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Applicant for a Community trade mark:

Community trade mark concerned: The word mark ‘MAXIMA PREMIUM’, for goods in classes 3, 5, 16, 29, 30, 31, 32 AND 33 — Community trade mark application No 6981443

Community trade mark concerned:

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Proprietor of the mark or sign cited in the opposition proceedings:

Mark or sign cited in opposition: Community trade mark registration No 6642284, of the word mark ‘MAXIMO’, for goods in class 33

Mark or sign cited in opposition:

Decision of the Opposition Division: Upheld the opposition for all the contested goods

Decision of the Opposition Division:

Decision of the Board of Appeal: Dismissed the appeal

Decision of the Board of Appeal:

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009 as the Board of Appeal found that there was a likelihood of confusion without taking into account all the relevant aspects of the present case, including inherently low distinctive character of ‘MAXIMO/MAXIMA’, similarity of the signs, and the fact that the relevant public is highly attentive and well informed.

Pleas in law:

---
#### Philip Schulhoff, *Respondent, v.*Co-Operative Dress Association, *Appellant.*Same *v.*Same.

Orders affirmed, with ten dollars costs and disbursements in one case. Opinion by

Davis, P. J.
Editorial Note on Part 161
Editorial Note: Nomenclature changes to part 161 appear by USCG-2009-0702, 74 FR 49238, Sept. 25, 2009, and USCG-2012-0832, 77 FR 59787, Oct. 1, 2012.

§ 161.013-5 Intensity requirements. ( a ) If an electric light emits light over an arc of the horizon of 360 degrees, the light must: ( 1 ) When level, have a peak intensity within 0.1 degrees of the horizontal plane;
( 2 ) Have a peak Equivalent Fixed Intensity of at least 75 cd; and,
( 3 ) Have a minimum Equivalent Fixed Intensity within a vertical divergence of ±3 degrees of at least 15 cd.
( b ) If an electric light emits a directional beam of light, the light must: ( 1 ) Have an Equivalent Fixed Intensity of no less than 25 cd within ±4 degrees vertical and ±4 degrees horizontal divergence centered about the peak intensity; and,
( 2 ) Have a minimum peak Equivalent Fixed Intensity of 2,500 cd.
( c ) The Equivalent Fixed Intensity (EFI) is the intensity of the light corrected for the length of the flash and is determined by the formula: EFI = I × (tc − ti) / 0.2 + (tc − ti) Where: I is the measured intensity of the fixed beam, tc is the contact closure time in seconds, (0.33 for this S-O-S signal), and ti is the incandescence time of the lamp in seconds.
( d ) An electric light which meets the requirements of either paragraph (a) or (b) of this section need not, if capable of operating in both manners, meet the requirements of the other paragraph.
#### § 172.080 Specific applicability.

This subpart applies to each tank barge that carries a cargo listed in Table 151.05 of this chapter.

[CGD 79-023, 48 FR 51040, Nov. 4, 1983, as amended by USCG-2009-0702, 74 FR 49239, Sept. 25, 2009]
* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR. R.

47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

June 6, 2007

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

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

No. 06-30572

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

LEONARD R THOMPSON; CLARISSA THOMPSON MCGOWAN; HOMER THOMPSON;

WILLIE C THOMPSON, JR; AUGUSTINE THOMPSON ANDERSON; ANNIE PEARL

THOMPSON; DECK ZELL THOMPSON; MARY THOMPSON GREELY; LORANDY

THOMPSON; CHANDRA THOMPSON WEARY; MICHAEL THOMPSON; LESLEY

THOMPSON; AVA HEAD, individually and on behalf of the estate of

her minor child Jerald Head

Plaintiffs - Appellants

v.

NISSAN NORTH AMERICA INC, also known as Nissan Motor Corporation

in USA; NISSAN MOTOR COMPANY LTD

Defendants - Appellees

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

Appeals from the United States District Court

for the Eastern District of Louisiana, New Orleans

No. 2:03-CV-172

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

Before KING, DeMOSS, and OWEN, Circuit Judges.

PER CURIAM:*

The judgment of the district court entered April 20, 2006,

is AFFIRMED for essentially the reasons given in its Order and

Reasons, Thompson v. Nissan North America, Inc., 429 F. Supp. 2d

759 (E.D. La. 2006), entered on the same date. The pending

Motion For Judicial Notice is DENIED.
2

AFFIRMED. MOTION DENIED.
§ 169.821 Patrol person. ( a ) The master shall designate a member of the ship's company to be a roving patrol person, whenever the vessel is operational.
( b ) The roving patrol person shall frequently visit all areas to ensure that safe conditions are being maintained.
§ 140.660 Vessel security. Each towing vessel must be operated in compliance with: ( a ) The Maritime Transportation Security Act of 2002 (46 U.S.C. Chapter 701); and
( b ) 33 CFR parts 101 and 104, as applicable.
EXHIBIT 32.1  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
United Pan-Europe Communications N.V. (the Company) on Form 10-Q for the period
ended June 30, 2003 as filed with the Securities and Exchange Commission on the
date hereof (the Report), we, John F. Riordan and Charles H.R. Bracken, Chief
Executive Officer and Chief Financial Officer of the Company, respectively,
each certify, pursuant to U.S.C. Section 1350, as adopted pursuant to Section
906 of the Sarbanes-Oxley Act of 2002, that to the best of our 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.   August
14, 2003  By:
  /s/ John F. RiordanJohn F. RiordanChief Executive Officer
§ 113.05-7 Environmental tests. ( a ) Communication, alarm system, control, and monitoring equipment, with the exception of fire and smoke detection and alarm systems, must meet the environmental tests of— ( 1 ) Section 4-9-9, Table 1, of ABS Marine Vessel Rules (incorporated by reference; see § 110.10-1 of this subchapter) or the applicable ENV category of Lloyd's Register Type Approval System—Test Specification Number 1 (incorporated by reference; see § 110.10-1 of this subchapter); and
( 2 ) IEC 60533:2015 (incorporated by reference; see § 110.10-1 of this subchapter) as appropriate.
( b ) Components of smoke detection and alarm systems must be tested in accordance with 46 CFR 161.002.
[USCG-2020-0075, 88 FR 16369, Mar. 16, 2023]
<TABLE> <S> <C>

<ARTICLE>        6
<SERIES>
   <NUMBER> 1
   <NAME> BELCREST CAPITAL FUND LLC


<S>                             <C>
<PERIOD-TYPE>                            3-MOS
<FISCAL-YEAR-END>                        DEC-31-1999
<PERIOD-END>                             MAR-31-1999
<INVESTMENTS-AT-COST>                    1,568,770,879
<INVESTMENTS-AT-VALUE>                   1,613,684,429
<RECEIVABLES>                            4,190,730
<ASSETS-OTHER>                           766,356
<OTHER-ITEMS-ASSETS>                     0
<TOTAL-ASSETS>                           1,618,641,515
<PAYABLE-FOR-SECURITIES>                 0
<SENIOR-LONG-TERM-DEBT>                  385,000,000
<OTHER-ITEMS-LIABILITIES>                3,326,516
<TOTAL-LIABILITIES>                      388,326,516
<SENIOR-EQUITY>                          1,230,315,000
<PAID-IN-CAPITAL-COMMON>                 0
<SHARES-COMMON-STOCK>                    11,253,268
<SHARES-COMMON-PRIOR>                    5,148,858
<ACCUMULATED-NII-CURRENT>                0
<OVERDISTRIBUTION-NII>                   0
<ACCUMULATED-NET-GAINS>                  0
<OVERDISTRIBUTION-GAINS>                 0
<ACCUM-APPREC-OR-DEPREC>                 47,418,477
<NET-ASSETS>                             1,230,315,000
<DIVIDEND-INCOME>                        6,400,956
<INTEREST-INCOME>                        521,227
<OTHER-INCOME>                           0
<EXPENSES-NET>                           6,294,157
<NET-INVESTMENT-INCOME>                  628,026
<REALIZED-GAINS-CURRENT>                 4,288,668
<APPREC-INCREASE-CURRENT>                17,006,147
<NET-CHANGE-FROM-OPS>                    21,922,841
<EQUALIZATION>                           0
<DISTRIBUTIONS-OF-INCOME>                0
<DISTRIBUTIONS-OF-GAINS>                 0
<DISTRIBUTIONS-OTHER>                    0
<NUMBER-OF-SHARES-SOLD>                  6,122,656
<NUMBER-OF-SHARES-REDEEMED>              (18,245)
<SHARES-REINVESTED>                      0
<NET-CHANGE-IN-ASSETS>                   686,112,165
<ACCUMULATED-NII-PRIOR>                  0
<ACCUMULATED-GAINS-PRIOR>                0
<OVERDISTRIB-NII-PRIOR>                  0
<OVERDIST-NET-GAINS-PRIOR>               0
<GROSS-ADVISORY-FEES>                    1,596,266
<INTEREST-EXPENSE>                       3,982,798
<GROSS-EXPENSE>                          6,294,187
<AVERAGE-NET-ASSETS>                     830,062,722
<PER-SHARE-NAV-BEGIN>                    105.69
<PER-SHARE-NII>                          0.03
<PER-SHARE-GAIN-APPREC>                  3.61
<PER-SHARE-DIVIDEND>                     0
<PER-SHARE-DISTRIBUTIONS>                0
<RETURNS-OF-CAPITAL>                     0
<PER-SHARE-NAV-END>                      109.33
<EXPENSE-RATIO>                          3.08


</TABLE>
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             MAR-31-2000
<PERIOD-END>                               JUN-30-2000
<CASH>                                       4,160,147
<SECURITIES>                                         0
<RECEIVABLES>                                3,031,365
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             7,969,813
<PP&E>                                       3,862,926
<DEPRECIATION>                               1,047,823
<TOTAL-ASSETS>                              12,367,998
<CURRENT-LIABILITIES>                        2,182,209
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       102,913
<OTHER-SE>                                  10,082,876
<TOTAL-LIABILITY-AND-EQUITY>                12,367,998
<SALES>                                              0
<TOTAL-REVENUES>                             2,822,114
<CGS>                                                0
<TOTAL-COSTS>                                5,517,838
<OTHER-EXPENSES>                               261,913
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              16,604
<INCOME-PRETAX>                            (2,974,241)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (2,974,241)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (2,974,241)
<EPS-BASIC>                                      (.29)
<EPS-DILUTED>                                    (.29)


</TABLE>
# C_2011152EN.01002502.xml

| 21.5.2011 | EN | Official Journal of the European Union | C 152/25 |
| --- | --- | --- | --- |

21.5.2011

EN

Official Journal of the European Union

C 152/25

---

Action brought on 11 March 2011 — Stichting Regionaal Opleidingencentrum van Amsterdam v OHIM — Investimust (COLLEGE)

(Case T-165/11)

2011/C 152/46

Language in which the application was lodged: English

Parties

Parties

Applicant: Stichting Regionaal Opleidingencentrum van Amsterdam (Amsterdam, Netherlands) (represented by: R.M.R. van Leeuwen, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Defendant:

Other party to the proceedings before the Board of Appeal: Investimust, S.A. (Geneva, Switzerland)

Other party to the proceedings before the Board of Appeal:

Form of order sought

Form of order sought

| — | Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 12 January 2011 in case R 508/2010-4; and |
| --- | --- |

—

Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 12 January 2011 in case R 508/2010-4; and

| — | Order the defendant to pay the costs of the proceedings. |
| --- | --- |

—

Order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: The word mark ‘COLLEGE’, for services in classes 39 and 43 — Community trade mark registration No 2645489

Registered Community trade mark in respect of which a declaration of invalidity has been sought:

Proprietor of the Community trade mark: The other party to the proceedings before the Board of Appeal

Proprietor of the Community trade mark:

Applicant for the declaration of invalidity of the Community trade mark: The applicant

Applicant for the declaration of invalidity of the Community trade mark:

Grounds for the application for a declaration of invalidity: The party requesting the declaration of invalidity grounded its request on absolute grounds for invalidity pursuant to Article 52(1)(a) in conjunction with Article 7 of Council Regulation (EC) No 207/2009

Grounds for the application for a declaration of invalidity:

Decision of the Cancellation Division: Rejected the request for declaration of invalidity

Decision of the Cancellation Division:

Decision of the Board of Appeal: Dismissed the appeal

Decision of the Board of Appeal:

Pleas in law: Infringement of Articles 52(1)(a) in conjunction with Article 7(1)(c) and in conjunction with Article 7(1)(b) of Council Regulation No 207/2009, as also the Board of Appeal wrongly did not consider the evidence presented in appeal.

Pleas in law:

---
EXHIBIT 11.1





COFFEE HOLDING CO., INC.

COMPUTATION OF PER SHARE EARNINGS



|                                         |  |                         |            |   |      |   |           | 
|---------------------------------------- |  | ----------------------- | ---------- | - | ---- | - | --------- | 
|                                         |  | Years Ended October 31,
|                                         |  | 2008                    |            |   | 2007
|Net Income (Loss)                        |  | $                       | (2,597,294 | ) |      | $ | 937,316   | 
|                                         |  |                         |            |   |      |   |           | 
|BASIC EARNINGS:                          |  |                         |            |   |      |   |           | 
|Weighted average number of common        |  |                         |            |   |      |   |           | 
|Shares outstanding                       |  |                         | 5,476,173  |   |      |   | 5,525,408 | 
|                                         |  |                         |            |   |      |   |           | 
|Basic earnings (loss) per common share   |  | $                       | (.47       | ) |      | $ | .17       | 
|                                         |  |                         |            |   |      |   |           | 
|DILUTED EARNINGS:                        |  |                         |            |   |      |   |           | 
|Weighted average number of common        |  |                         |            |   |      |   |           | 
|Shares outstanding                       |  |                         | 5,476,173  |   |      |   | 5,525,408 | 
|Warrants  common stock equivalents      |  |                         |          |   |      |   | 70,000    | 
|                                         |  |                         |            |   |      |   |           | 
|Weighted average number of common        |  |                         |            |   |      |   |           | 
|Shares outstanding  as adjusted         |  |                         | 5,476,173  |   |      |   | 5,595,408 | 
|                                         |  |                         |            |   |      |   |           | 
|Diluted earnings (loss) per common share |  | $                       | (.47       | ) |      | $ | .17       | 
|                                         |  |                         |            |   |      |   |           |
TREATIES AND OTHER INTERNATIONAL ACTS SERIES 09-915.1 

________________________________________________________________________ 

NUCLEAR SAFETY 

 Arrangement Between the 

UNITED STATES OF AMERICA 

and KAZAKHSTAN 

Signed at Vienna September 15, 2009 

with 

Addendum 
 NOTE BY THE DEPARTMENT OF STATE 

 Pursuant to Public Law 89—497, approved July 8, 1966 

(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued 

under the authority of the Secretary of State shall be competent 

 evidence . . . of the treaties, international agreements other than 

treaties, and proclamations by the President of such treaties and 

international agreements other than treaties, as the case may be, 

therein contained, in all the courts of law and equity and of maritime 

jurisdiction, and in all the tribunals and public offices of the 

United States, and of the several States, without any further proof 

or authentication thereof.” 
KAZAKHSTAN 

Nuclear Safety 

 Arrangement signed at Vienna September 15, 2009; 

 Entered into force September 15, 2009. 

 With addendum.
§ 175.200 Gross tonnage as criterion for requirements. ( a ) The regulations in this subchapter take into account a vessel's length, passenger capacity, construction, equipment, intended service, and operating area. The criterion for application of this subchapter is the gross tonnage of the vessel. When the Commandant determines that the gross tonnage of a particular vessel, which is attained by exemptions, reductions, or other devices in the basic gross tonnage formulation, will circumvent or be incompatible with the application of specific regulations for a vessel of such physical size, the Commandant will prescribe the regulations to be made applicable to the vessel.
( b ) When the Commandant determines that the gross tonnage is not a valid criterion for the use of certain regulations based on the relative size of the vessel, the owner will be informed of the determination and of the regulations applicable to the vessel. The vessel must be brought into compliance with all additional requirements before a Certificate of Inspection is issued.
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 22 Referred in Senate (RFS)]

111th CONGRESS
  1st Session
                                 H. R. 22

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 16, 2009

                                Received

                            October 15, 2009

   Read twice and referred to the Committee on Homeland Security and 
                          Governmental Affairs

_______________________________________________________________________

                                 AN ACT

 
  To amend title 5, United States Code, to reduce the amount that the 
United States Postal Service is required to pay into the Postal Service 
      Retiree Health Benefits Fund by the end of fiscal year 2009.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``United States Postal Service 
Financial Relief Act of 2009''.

SEC. 2. GOVERNMENT CONTRIBUTIONS FOR POSTAL ANNUITANTS' HEALTH 
              BENEFITS.

    (a) In General.--Clause (iii) of section 8909a(d)(3)(A) of title 5, 
United States Code, is amended to read as follows:
            ``(iii) $1,400,000,000, not later than September 30, 
        2009;''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect as if included in the enactment of section 803(a)(1)(B) of 
the Postal Accountability and Enhancement Act (Public Law 109-435; 120 
Stat. 3251).

SEC. 3. TECHNICAL CORRECTION.

    The heading for section 8909a of title 5, United States Code, is 
amended by striking ``benefit'' and inserting ``benefits''.

            Passed the House of Representatives September 15, 2009.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.
```