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# C_2011238EN.01003202.xml

| 13.8.2011 | EN | Official Journal of the European Union | C 238/32 |
| --- | --- | --- | --- |

13.8.2011

EN

Official Journal of the European Union

C 238/32

---

Action brought on 16 June 2011 — Heede v OHIM (Matrix-Energetics)

(Case T-313/11)

2011/C 238/54

Language of the case: German

Parties

Parties

Applicant: Günter Heede (Walldorf-Baden, Germany) (represented by R. Utz, lawyer)

Applicant:

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

Defendant:

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 8 April 2011 in Case R 1848/2010-4; |
| --- | --- |

—

Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 8 April 2011 in Case R 1848/2010-4;

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

—

Order the defendant to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

Community trade mark concerned: the word mark ‘Matrix-Energetics’ for services in Classes 35, 41 and 44 — application No 8 339 798

Community trade mark concerned:

Decision of the Examiner: Rejection of the application

Decision of the Examiner:

Decision of the Board of Appeal: Dismissal of the appeal

Decision of the Board of Appeal:

Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009 as the descriptive character of the mark applied for cannot be determined and the mark applied for has the necessary distinctive character; the Board of Appeal erred in making print-outs from the internet, which dated from after the date of filing of the application for registration, the subject-matter of its decision; and furthermore isolated, illegal instances of use of an originally distinctive (fanciful) description on the part of third parties, which commenced after the date of filing, cannot have a negative influence on the registrability of a Community trade mark.

Pleas in law:

---
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Veterans Affairs

The Department of Veterans Affairs (VA) gives notice under Public Law 92-463 (Federal Advisory Committee Act) that a meeting of the Advisory Committee on Cemeteries and Memorials will be held May 16-17, 2007, at the Courtyard by Marriott Atlanta Buckhead, 3332 Peachtree Road, NE., Atlanta, GA. On May 16, the meeting will begin at 8 a.m. and conclude at 3:45 p.m. On May 17, the meeting will begin at 8:30 a.m. and conclude at approximately 4 p.m. The meeting is open to the public.

The purpose of the Committee is to advise the Secretary of Veterans Affairs on the administration of national cemeteries, soldiers' lots and plots, the selection of new national cemetery sites, the erection of appropriation memorials, and the adequacy of Federal burial benefits.

On May 16, 2007, the Committee will receive updates on National Cemetery Administration issues. On May 17, 2007, the Committee will tour Georgia and Marietta National Cemeteries and then reconvene at the hotel for a business session in the afternoon, which will include discussions of Committee recommendations, future meeting sites, and potential agenda topics at future meetings.

                    Time will not be allocated for receiving oral presentations from the public. Any member of the public wishing to attend the meeting should contact Mr. Michael Nacincik, Designated Federal Officer, at (202) 273-5221. The Committee will accept written comments. Comments may be transmitted electronically to the Committee at                     *Michael.n@va.gov*                     or mailed to the National Cemetery Administration (41C2), 810 Vermont Avenue, NW., Washington, DC 20420. In the public's communications with the Committee, the writers must identify themselves and state the organizations, associations, or persons they represent.                

Dated: April 16, 2007.

By direction of the Secretary.

E. Philip Riggin,

Committee Management Officer.

[FR Doc. 07-1970 Filed 4-19-07; 8:45 am]

BILLING CODE 8320-01-M
UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

Ford Motor Company, 

 Plaintiff, 

v. 

Versata Software, Inc., f/k/a Trilogy 

Software, Inc., Trilogy Development 

Group, Inc. and Trilogy, Inc., 

 Defendants. 

Case No. 15-10628-MFL-EAS 

(consolidated with Case No. 15-cv-11624) 

Hon. Matthew F. Leitman 

JURY TRIAL DEMANDED 

SUPPLEMENTAL PROTECTIVE ORDER 

Pursuant to MCL §445.1906, the Court enters this Supplemental Protective 

Order to preserve the secrecy of alleged Versata trade secrets at issue in this case. 

Nothing in this Order constitutes a finding that the alleged trade secrets are trade 

secrets under applicable law, or that Plaintiff Ford Motor Company (“Ford”) has 

misappropriated them. 

As reported to the Court by Ford, its practice is to obtain signed confidentiality 

agreements from each of its employees, contractors, or agency employees that will 

use or have access to the PDO software or its documentation. Therefore, the Court 

orders that Ford shall obtain signed confidentiality agreements from each of its 

employees, contractors, or agency employees that have used, will use, or have 

received access to the PDO software or its documentation. Each signed 
2 

confidentiality agreement shall contain confidentiality obligations no less restrictive 

than Ford uses to protect its own confidential information. Ford shall provide a copy 

of each confidentiality agreement to Versata in its document production. 

If Ford is or becomes aware of an instance in which this a confidentiality 

agreement has not been signed by an employee, contractor or agency employee who 

has had access to the PDO software or its documentation, Ford shall immediately 

disclose this to Versata and attempt to remedy this. Should Versata believe such an 

event constitutes an actionable violation of this Supplemental Protective Order, it 

may apply to the Court for such relief as is appropriate under prevailing law. 

Should Versata so move, the Court will determine whether a violation of this 

Order occurred and, if so, whether any sanction is appropriate based upon factors 

such as (1) whether the violation was intentional, willful, reckless, or negligent; (2) 

whether the violation put alleged Versata trade secrets at risk of disclosure, and if 

so, whether the violation constituted a misappropriation of Versata’s trade secrets; 

(3) whether Versata suffered any cognizable injury thereby; and (4) whether Ford 

promptly reported and remedied the violation after it was discovered. 

IT IS SO ORDERED. 

 s/Matthew F. Leitman 

 MATTHEW F. LEITMAN 

 UNITED STATES DISTRICT JUDGE 

Dated: August 30, 2017 
3 

 I hereby certify that a copy of the foregoing document was served upon the 

parties and/or counsel of record on August 30, 2017, by electronic means and/or 

ordinary mail. 

 s/Holly A. Monda 

 Case Manager 

 (810) 341-9764
EXHIBIT 32.1

                        ICY SPLASH FOOD & BEVERAGE, INC.
          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 amended Quarterly Report of Icy Splash Food & Beverage,
Inc. (the Company) on Form 10-QSB for the period ended March 31, 2003 as filed
with the Securities and Exchange Commission on the date hereof (the Report), I,
Joseph Aslan, Chief Executive Officer of the Company, certify, pursuant to 18
U.S.C. ss.1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, that:

      (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.

A signed original of this written statement required by Section 906 has been
provided to Icy Splash Food & Beverage, Inc. and will be retained by Icy Splash
Food & Beverage, Inc. and furnished to the Securities and Exchange Commission or
its staff upon request.

Date:  April 14, 2004


 /s/ Joseph Aslan
Joseph Aslan
Chief Executive Officer
#### § 177.960 Guards for exposed hazards.

An exposed hazard, such as gears or rotating machinery, must be properly protected by a cover, guard, or rail.
[Federal Register Volume 72, Number 81 (Friday, April 27, 2007)]
[Notices]
[Pages 21031-21032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-2085]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. 2007N-0068]


Medical Device User Fee and Modernization Act; Public Meeting; 
Correction

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; correction.

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

SUMMARY: The Food and Drug Administration is correcting a notice that 
appeared in the Federal Register of April 18, 2007 (72 FR 19528). The 
document announced a public meeting on April 30, 2007, to discuss the 
agency's proposed recommendations for the reauthorization of the 
Medical Device User Fee and Modernization Act of 2002 (MUDFMA I) for 
fiscal years 2008 through 2012, as well as other proposals to improve 
the review of medical devices and the third party

[[Page 21032]]

inspection program. The correction is being made to reflect a change in 
location for the April 30, 2007, meeting. The location of the meeting 
is being changed because of water damage in the original meeting 
location.

FOR FURTHER INFORMATION CONTACT: For information regarding this notice 
and the original notice, contact: Erik Mettler, Office of Policy and 
Planning, Food and Drug Administration (HF-11), 5600 Fishers Lane, 
Rockville, MD 20857, 301-827-3360, FAX 301-594-6777, email: 
<a href="/cdn-cgi/l/email-protection#195c6b707237547c6d6d757c6b597f7d783771716a377e766f"><span class="__cf_email__" data-cfemail="3772455e5c197a5243435b524577515356195f5f4419505841">[email protected]</span></a>. For information regarding registration, 
contact: Cynthia Garris, Office of Communication, Education, and 
Radiation Programs, Center for Devices and Radiological Health, Food 
and Drug Administration (HFZ-220), 1350 Piccard Ave., Rockville, MD 
20850, 240-276-3150 ext. 121, FAX: 240-276-3151, email: 
<a href="/cdn-cgi/l/email-protection#791a00170d111018571e180b0b100a391f1d185711110a571e160f"><span class="__cf_email__" data-cfemail="90f3e9fee4f8f9f1bef7f1e2e2f9e3d0f6f4f1bef8f8e3bef7ffe6">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: In FR Doc. 07-1919, appearing on page 19528 
in the Federal Register of Wednesday, April 18, 2007, the following 
correction is made:
    1. On page 19528, in the third column, the first sentence under 
``ADDRESSES'' is corrected to read ``The public meeting will be held at 
the Food and Drug Administration, White Oak site, at 10903 New 
Hampshire Ave., Silver Spring, MD 20993, Bldg. 2, rm. 2031.''

    Dated: April 23, 2007.
Jeffrey Shuren,
Assistant Commissioner for Policy.
[FR Doc. 07-2085 Filed 4-24-07; 3:18 pm]
BILLING CODE 4160-01-S


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
§ 193.05-1 Fire detecting, manual alarm, and supervised patrol systems. ( a ) Fire detecting, manual alarm, and supervised patrol systems are not required, but if installed, the systems shall meet the applicable requirements of part 76 of Subchapter H (Passenger Vessels) of this chapter.
Case 1:11-cv-01841-JEB Document 49 Filed 05/31/13 Page 1 of 1
EXHIBIT 32.2

               CERTIFICATIONS PURSUANT TO 18 U.S.C. SECTION 1350,
                       AS ADOPTED PURSUANT TO SECTION 906
                        OF THE SARBANES-OXLEY ACT OF 2002


The undersigned  hereby certifies in his capacity as Chief Financial  Officer of
Belcrest Capital Fund LLC (the Fund), that based on his knowledge:

(a)  the  Quarterly  Report of the Fund on Form 10-Q for the quarter ended March
     31, 2005 (the Report) fully complies with the requirements of Section 13(a)
     of the Securities Exchange Act of 1934, as amended; and

(b)  the information  contained in the Report fairly  presents,  in all material
     respects, the financial condition and the results of operations of the Fund
     for such period.

Date:  May 10, 2005


                                /s/ James L. O'Connor
                                ---------------------
                                James L. O'Connor
                                Chief Financial Officer




A signed  original of this  written  statement  required by Section 906 has been
provided  to the Fund  and will be  retained  by the Fund and  furnished  to the
Securities and Exchange Commission or its staff upon request.
§ 196.37-25 Emergency lights. ( a ) All emergency lights shall be marked with a letter “E” at least 1 ⁄ 2 inch high.
**Judgment of the General Court (Fourth Chamber) of 9 October 2012 — Bial Portela v OHIM — Isdin (ZEBEXIR)**

**(Case T-366/11)**

Community trade mark — Opposition proceedings — Application for Community word mark ZEBEXIR — Earlier Community word mark ZEBINIX — Relative grounds for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009

1.                     *Community trade mark — Appeals procedure — Appeal before a Court of the European Union — Jurisdiction of the General Court
— Direction issued to the Office — Not included (Council Regulation No 207/2009, Art. 65(6)) (see para. 14)*

2.                     *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 — Assessment of the likelihood of confusion — Criteria (Council Regulation No 207/2009,
Art. 8(1)(b)) (see paras 17, 38)*

3.                     *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 — Word marks ZEBEXIR and ZEBINIX (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras
18, 19, 37, 40)*

**Re:**

| | |
| --- | --- |
| | ACTION brought against the decision of the First Board of Appeal of OHIM of 6 April 2011 (Case R 1212/2009 1), concerning opposition proceedings between Bial-Portela & Ca, SA and Isdin, SA. |

**Operative part**

The Court:

| | | |
| --- | --- | --- |
| 1. | | Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 6 April 2011 (Case R 1212/2009-1); |

| | | |
| --- | --- | --- |
| 2. | | Orders OHIM to bear its own costs and to pay those of Bial-Portela & Ca, SA; |

| | | |
| --- | --- | --- |
| 3. | | Orders Isdin, SA to bear its own costs. |
§ 159.010-5 Independent laboratory: Application for acceptance. ( a ) Each application for acceptance of an organization as an independent laboratory must contain the following: ( 1 ) The name and address of the organization.
( 2 ) A list of the equipment or material that the organization would inspect, or test, or both, under this subchapter.
( 3 ) A description of the organization's experience and its qualifications for conducting the inspections and tests required in the applicable subpart.
( 4 ) A description of the apparatus and facilities available to the organization for conducting those inspections and tests.
( 5 ) If instruments are used in the required tests and inspections, a description of the instrument calibration program applying to those instruments.
( 6 ) The position titles of personnel who are to perform, supervise, or witness those inspections or tests, along with the training and experience required for personnel in those positions.
( 7 ) A statement signed by the chief officer of the organization or the chief officer's representative, that an official representative of the Coast Guard is allowed access upon request to the place where tests and inspections take place, to verify the information submitted in the application, or to witness tests and inspections.
( b ) Each application for acceptance as an independent laboratory that is not submitted by an agency of a state or another national government, or by a classification society, must also contain the following: ( 1 ) The name and address of each subsidiary and division of the organization, or a statement that none are involved in the testing or manufacturing of equipment approved under this subchapter.
( 2 ) The name, title, address, and principal business activity of each of the organization's officers and directors, and the name, address, and principal business activity of each person, company, or corporation that owns at least three-percent interest in the organization or in a company or corporation that controls the organization.
[CGD 93-055, 61 FR 13928, Mar. 28, 1996]
Exhibit 31.4

CERTIFICATION OF CHIEF FINANCIAL OFFICER

PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002

(18 U.S.C. SECTION 1350)

I,
Stephen D. Allison, certify that:



| | 1. | I have reviewed this Amendment No. 1 to the Annual Report on Form 10-K of Gensym Corporation; and
| | -- | -------------------------------------------------------------------------------------------------



| | 2. | Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the
circumstances under which such statements were made, not misleading with respect to the period covered by this report.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                      |  |     |  |                                                                       
|--------------------- |  | --- |  | ----------------------------------------------------------------------
|Dated: April 27, 2006 |  | By: |  | /s/    STEPHEN D.
ALLISON                                             
|                      |  |     |  | Stephen D. Allison Vice President, Finance and Chief Financial Officer
TS-EUTM01 

Attachment #7

Pt. 2, Sec. B, 1a 

Processing Information on the New Chemical Substance at Industrial Sites 

Controlled by Others
#### William B. Smyth, *Appellant, v.*George W. M. Sturges, *Respondent.*

Judgment affirmed.
**EXHIBIT 32.2**

 

**CERTIFICATION OF CHIEF FINANCIAL OFFICER**

 

**Pursuant to Section 906 of the Sarbanes-Oxley Actof 2002 (18 U.S.C. 1350)**

 

In connection with the Annual Report of First Federal Bancshares ofArkansas, Inc. (the “Registrant”) on Form 10-K for the year ended December 31, 2007as filed with the Securities and Exchange Commission (the “Report”), theundersigned certifies, pursuant to 18 U.S.C. Section 1350, as added by Section 906of the Sarbanes-Oxley Act of 2002, that:

 

a)              The Reportfully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934; and

 

b)             The informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Registrant as of and forthe period covered by the Report.

 
| Date:  | February 26,  2008 | /s/ Sherri R. Billings                      |
|-------------|-------------------------|---------------------------------------------|
|        |                    | Sherri R. Billings

Chief Financial Officer |