alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2015337EN.01001301.xml

| 12.10.2015 | EN | Official Journal of the European Union | C 337/13 |
| --- | --- | --- | --- |

12.10.2015

EN

Official Journal of the European Union

C 337/13

---

Action brought on 3 July 2015 — JT v OHIM — Carrasco Pirard and others (QUILAPAYÚN)

(Case T-249/15)

(2015/C 337/16)

Language in which the application was lodged: Spanish

Parties

Parties

Applicant: JT (Paris, France) (represented by: A. Mena Valenzuela, lawyer)

Applicant:

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

Defendant:

Other parties to the proceedings before the Board of Appeal: Eduardo Carrasco Pirard (Santiago, Chile), Guillermo García Campos (Brussels, Belgium), Luis Hernán Gómez Larenas (Paris, France), Hugo Lagos Vásquez (Taverny, France), Ismael Oddo Méndez (Santiago, Chile), Carlos Quezada Salas (Colombes, France), Ricardo Venegas Carhart (Santiago, Chile), Sebastián Quezada (Paris, France)

Other parties to the proceedings before the Board of Appeal:

Details of the proceedings before OHIM

Details of the proceedings before OHIM

Applicant for the trade mark at issue: Other party to the proceedings before the Board of Appeal

Applicant for the trade mark at issue:

Trade mark at issue: Community figurative mark containing the word element ‘QUILAPAYÚN’ — Application for registration No 9 267 287

Trade mark at issue:

Procedure before OHIM: Opposition proceedings

Procedure before OHIM

Contested decision: Decision of the Second Board of Appeal of OHIM of 13 March 2015 in Case R 354/2014-2

Contested decision

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | annul the contested decision; and |
| --- | --- |

—

annul the contested decision; and

| — | reject the application for registration of the figurative mark ‘QUILAPAYÚN’ for goods and services in Class 9 and Class 41 brought before OHIM by the applicants Eduardo Carrasco Pirard, Guillermo García Campos, Luis Hernán Gómez Larenas, Hugo Lagos Vásquez, Ismael Oddo Méndez, Carlos Quezada Salas, Ricardo Venegas Carhart and Sebastián Quezada on 16 September 2010. |
| --- | --- |

—

reject the application for registration of the figurative mark ‘QUILAPAYÚN’ for goods and services in Class 9 and Class 41 brought before OHIM by the applicants Eduardo Carrasco Pirard, Guillermo García Campos, Luis Hernán Gómez Larenas, Hugo Lagos Vásquez, Ismael Oddo Méndez, Carlos Quezada Salas, Ricardo Venegas Carhart and Sebastián Quezada on 16 September 2010.

Plea in law

Plea in law

Incorrect interpretation of Article 8(1)(b) and 2(c) of Regulation (EC) No 207/2009 read in conjunction with Article 6bis(1) of the Paris Convention.

bis

---
# C_2015205EN.01003601.xml

| 22.6.2015 | EN | Official Journal of the European Union | C 205/36 |
| --- | --- | --- | --- |

22.6.2015

EN

Official Journal of the European Union

C 205/36

---

Action brought on 24 April 2015 — Aguirre and Company v OHIM — Puma (Representation of a sports shoe)

(Case T-205/15)

(2015/C 205/49)

Language in which the application was lodged: Spanish

Parties

Parties

Applicant: Aguirre and Company, SA. (Madrid, Spain) (represented by: M. Pomares Caballero and A. Pomares Caballero, lawyers)

Applicant:

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

Defendant:

Other party to the proceedings before the Board of Appeal: Puma SE (Herzogenaurach, Germany)

Other party to the proceedings before the Board of Appeal:

Details of the proceedings before OHIM

Details of the proceedings before OHIM

Proprietor of the trade mark at issue: Applicant

Proprietor of the trade mark at issue:

Trade mark at issue: Community figurative mark representing a sports shoe —Community trade mark No 1050520-0001

Trade mark at issue:

Contested decision: Decision of the Third Board of Appeal of OHIM of 20 January 2015 in Case R 696/2013-3

Contested decision

Forms of order sought

Forms of order sought

The applicant claims that the General Court should:

| — | alter the contested decision so as to find that the ground of invalidity laid down in Article 25(1)(e) of Regulation No 6/2002 found by the Board of Appeal is not met in this case; |
| --- | --- |

—

alter the contested decision so as to find that the ground of invalidity laid down in Article 25(1)(e) of Regulation No 6/2002 found by the Board of Appeal is not met in this case;

| — | or, alternatively, annul the contested decision; |
| --- | --- |

—

or, alternatively, annul the contested decision;

| — | and, in any event, order OHIM to pay the costs and the costs of the applicant. |
| --- | --- |

—

and, in any event, order OHIM to pay the costs and the costs of the applicant.

Pleas in law

Pleas in law

| — | infringement of an essential procedural requirement in that the contested decision contained inconsistent statements with the result that it is insufficiently reasoned. |
| --- | --- |

—

infringement of an essential procedural requirement in that the contested decision contained inconsistent statements with the result that it is insufficiently reasoned.

| — | infringement of Article 25(1)(e) Regulation No 6/2002. |
| --- | --- |

—

infringement of Article 25(1)(e) Regulation No 6/2002.

| — | infringement of Article 63 of Regulation No 6/2002. |
| --- | --- |

—

infringement of Article 63 of Regulation No 6/2002.

---
No. 58441.

protests 205817-K, etc. (New York).

#### Astoria Pan Americana, Inc., and J. J. Boll *v.*United States,

*394Opinion by

Johnson, J.

In accordance with stipulation of counsel that the merchandise consists of ficin powder or *leche de oje en polvo*the same in all material respects as that the subject of *Astoria Pan-Americana, Inc.*v. *United States*(32 Cust. Ct. 243, C. D. 1608), the claim of the plaintiffs was sustained.
No. 56944.

#### MacDougalls of Inverness, Inc., and Meadows Wye & Co., Inc. *v.*United States,

protest 176057-K (New York).

Opinion by

Johnson, J.

At the trial it was stipulated that the facts and issues herein are similar to those involved in *United States*v. *Browne Vintners Co., Inc.*(34 C. C. P. A. 112, C. A. D. 351), and that the quantities reported by the inspector as not landed, not found, were not in fact received by the importer. In accordance with stipulation of counsel and following the decision cited it was held that the merchandise, insofar as it involves the quantities reported by the inspector as not landed, not found, is subject to an allowance in duties. The protest was sustained to this extent.
August 25, 1947

No. *51876.*

#### Geo. *S. Bush & Co., Inc.*v. *United States,*

protest 111000-K.

Plaintiff’s application for rehearing granted.
March 18, 1958

No. 61720.

#### The Best Foods, Inc. *v.*United States,

protest 265823-K.

*495Donlon, Judge:

Defendant’s arguments are more appropriately grounds for appeal from a decision adverse to it, than for rehearing. Reluctant as I am to disassociate myself in this matter from the view of my colleagues, I fail to find any matter now urged by defendant which was not before me, and carefully evaluated, in reaching the decision in this case.

The motion for rehearing should be denied.
# Fourth Court of A ppeals San Antonio, Texas

December 10, 2018

No. 04

- 18

- 00587

- CV

Beatrice J. Janacek JARZOMBEK , Phillip Janacek, Ben J. Janacek, Kathryn M. Janacek Vajdos, Lawrence J. Janacek, Margaret R. Janacek Ryan, Sister Rebecca Janacek and Timothy E. Janacek

, Appel lants

v.

MARATHON OIL COMPANY

,

Appellee

From the 218th Judicial District Court, Karnes County, Texas

Trial Court No. 18

- 01

- 00016

- CVK Honorable Stella Saxon, Judge Presiding



### O R D E R

The appellants ’ motion to proceed with appeal without court reporter ’ s statement of facts is hereby GRANTED.

_________________________________ Irene Rios , Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 10th day of December, 2018

.

___________________________________ KEITH E. HOTTLE

, Clerk of Court
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

JEFFREY KLEIN, et al., : CIVIL ACTION

Plaintiffs :

:

v. : NO. 04-955

:

NATIONAL PASSENGER :

RAILROAD CORPORATION, a/k/a :

AMTRAK, et al., :

Defendants :

O R D E R

STENGEL, J.

AND NOW, this 10 day of October, 2006, upon consideration of defendants’

th

motion in limine to preclude the plaintiffs from offering any evidence regarding, or making

reference to, prior trespasser electrical contacts or the other subjects mentioned in defendants’

other motions in limine for the purpose of proving punitive damages (Document #90), and the

plaintiffs’ response thereto (Document #98), it is hereby ORDERED that the motion is DENIED. 

BY THE COURT:

 /s/ Lawrence F. Stengel 

LAWRENCE F. STENGEL, J.
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

STEVEN VILLALONA

, Appellant,

v.

HOLIDAY INN EXPRESS AND SUITES

, Appellee

.

No. 4D 19

- 2035

[ May 7, 2020 ]

Appeal from the Circuit Court for the Seventeenth Judicial Circuit,

Broward County ; Patti E. Henning , Judge; L.T. Case No. None

.

Steven Villalona, Oakdale, LA , pro se.

No appearance for appellee.

P ER C URIAM

.

Affirmed.

W ARNER

, K LINGENSMITH and K UNTZ

, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
Document

Exhibit 10.1

SEVENTH AMENDMENT TO
LICENSE AND SERVICES AGREEMENT




This Seventh Amendment to License and Services Agreement (this “Seventh Amendment”) is effective as of the last date of signature below (the “Seventh Amendment Effective Date”) by and between Axogen Corporation, a Delaware corporation (“Licensee”) and Community Blood Center (d/b/a Community Tissue Services), an Ohio corporation (“Licensor”).  Capitalized terms not otherwise defined in this Seventh Amendment shall have the meaning as set forth in the Agreement (defined below). 


WHEREAS, on or about August 6, 2015 the parties entered into that certain License and Services Agreement, as amended effective September 11, 2015 (“First Amendment”), May 12, 2017 (“Second Amendment”), May 19, 2017 (“Third Amendment”), February 22, 2019 (“Fourth Amendment”), June 1, 2019 (“Fifth Amendment”), and April 22, 2020 (“Sixth Amendment”) (collectively, the “Agreement”); and






WHEREAS, the parties desire to modify certain terms and conditions of the Agreement as more fully set forth below.


NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Licensor and Licensee intending to be legally bound agree as follows:


1.Term Extension.  Section 12.01 of the Agreement is hereby deleted in its entirety and replaces with the following: 
         “12.01 Term. Unless otherwise terminated pursuant to the terms of this Agreement, the License granted hereunder shall commence on the Occupancy Date and shall end on December 31, 2023.”


2.Full Force and Effect.  With the modifications set forth in this Seventh Amendment, the Agreement remains in full force and effect.


3.Miscellaneous:  This Seventh Amendment may be executed in one or more counterparts, each of which shall be deemed an original of this Seventh Amendment and all of which, when taken together, shall be deemed to constitute one and the same valid and binding Seventh Amendment.  This Seventh Amendment may be transmitted by facsimile or in .pdf electronic format, and it is the intent of the parties that any signature printed by a receiving facsimile machine or computer system to be deemed an original signature.
           






IN WITNESS WHEREOF, the parties hereto have duly executed this Seventh Amendment as of the Seventh Amendment Effective Date.


COMMUNITY BLOOD CENTER                                           
D/B/A COMMUNITY TISSUE SERVICES


By:    /s/ Diane Wilson                 
Name:   Diane Wilson                                    
Title:    Chief Operating Officer                   
Date: 02/19/2021                         












AXOGEN CORPORATION


By:     /s/ Karen Zaderej                  
Name:   Karen Zaderej                      
Title:   CEO & President                 
Date: 02/22/2021                


1
No. 49941.

#### Petition 6469-R of General Electric Co. (Boston).

Opinion by

Cole, J.

From the testimony it appeared that the RCA Victor Co. of Montreal manufactures the imported metal .studs for use in radio and electronic work .for war purposes. The articles require a special insulation composed of a plastic known as “mycrolex” and only available at petitioner’s plant. The studs were sent to the petitioner and, after being insulated, returned to the Canadian exporter. Because of the urgent need for the merchandise, the studs were imported in the regular way rather than under bond with the purpose of exportation. To complete the work of this rush order as quickly as possible, the petitioner entered the values stated on the memorandum invoice accompanying the shipment. It appeared that a clerk in the RCA Victor factory erroneously inserted wrong prices, resulting in the imposition of additional duties. On the record presented the court held that the entry of the merchandise at values lower than those found on final appraisement was without intention to defraud the revenue of the United States or to deceive the appraiser or misrepresent the facts. The petition was therefore granted.
11TH COURT OF APPEALS

EASTLAND, TEXAS

JUDGMENT

Brent Jvon Graves, * From the 142nd District Court

of Midland County,

Trial Court No. CR-53,374.

Vs. No. 11-20-00252-CR * December 18, 2020

The State of Texas, * Per Curiam Memorandum Opinion

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

Trotter, J., and Wright, S.C.J.,

sitting by assignment)

(Willson, J., not participating)

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

should be dismissed for want of jurisdiction. Therefore, in accordance with this 

court’s opinion, the appeal is dismissed.
**Exhibit32.1**

CERTIFICATE OFCHIEF FINANCIAL  OFFICER UNDER SECTION906 OF SARBANES- OXLEY ACT OF 2002 (18 U.S.C. 1350)

I, Ann A. Jones, certifythat:

1.   The AnnualReport as amended for the year ended June 30, 2006 on Form 10-KSB of QRS MusicTechnologies, Inc. (the “ Report”) fully complies with the requirements ofSection 13(a) or 15 (d) of the Securities and Exchange Act of 1934.

2.   Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the issuer in the Report.

 Date: October 13, 2006
|   | /s/ Ann A. Jones         |   |
|--------|--------------------------|--------|
|   | Ann A. Jones             |   |
|   | Chief Financial  Officer |   |

 

----
<PAGE>
                                                                   EXHIBIT 10.56

July 15, 2002

Warren K. Trowbridge
2421 S.E. Bahia Way
Stuart, FL 34996-1908

                 Re: Amendment to Executive Employment Agreement
Dear Keith,

This letter agreement serves to further amend the Employment Agreement dated as
of September 1, 2000, by and between you and PolyMedica Corporation (the
"Company"), as amended December 14, 2000; September 24, 2001; October 4, 2001;
January 31, 2002 and May 31, 2002 (together, the "Executive Employment
Agreement").

         Term of Employment. The Employment Period, as defined in Section 2 of
         the Amended Executive Employment Agreement, is extended to August 31,
         2003.

If the foregoing is acceptable to you, please indicate your agreement by signing
a copy of this letter agreement and returning it to the undersigned.

                                  Very truly yours,


                                  /s/ Steven J. Lee
                                  ------------------------------------
                                  Steven J. Lee
                                  Chairman and Chief Executive Officer


ACCEPTED AND AGREED TO:


/s/ Warren K. Trowbridge
-------------------------------
Warren K. Trowbridge
Before the Second Division,

August 24, 1951

No. 55834.

protests 114645-K, etc. (New York).

#### R. H. Macy & Co., Inc. *v.*United States,

Opinion by

Lawrence, J.

It was stipulated that the items of merchandise in question consist of watch movements similar in all material respects to those which were the subject of *United States*v. *Helbros Watch Co. et al.*(38 C. C. P. A. 1, C. A. D. 430). Upon the agreed statement of facts and the cited authority, the merchandise was held properly dutiable at the base rate of $1.20 each as watch movements more than *%o*of 1 inch but not more than 1 inch wide under paragraph 367 (a) (1), as modified, *supra.*
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED AUGUST 30, 2022

NO. 03-19-00246-CV

Rockey Piazza, Linda Piazza, and Paul Denucci, as Assignees of Best Buy Stores, Inc., 

Appellants

v.

Glenn Hegar, in His Capacity as Comptroller of Public Accounts of The State of Texas, and 

Ken Paxton, in His Capacity as Attorney General of The State of Texas, Appellees

APPEAL FROM THE 345TH DISTRICT COURT OF TRAVIS COUNTY

BEFORE JUSTICES GOODWIN, BAKER, AND KELLY

AFFIRMED ON MOTION FOR REHEARING -- OPINION BY JUSTICE GOODWIN

This is an appeal from the judgment signed by the trial court on April 11, 2019. The Court’s 

April 16, 2021 opinion and April 19, 2021 corrected judgment are withdrawn. Having reviewed 

the record and the parties’ arguments, the Court holds that there was no reversible error in the 

trial court’s judgment. Therefore, the Court affirms the trial court’s judgment. The appellants

shall pay all costs relating to this appeal, both in this Court and in the court below.
Exhibit 10.13
​
THIRD AMENDMENT
TO THE
PENNYMAC FINANCIAL SERVICES, INC.
 2013 EQUITY INCENTIVE PLAN
​
This Third Amendment to the PennyMac Financial Services, Inc. 2013 Equity Incentive Plan (this “Amendment”), effective as of December 13, 2020, is made and entered into by PennyMac Financial Services, Inc., a Delaware corporation (the “Company”). Terms used in this Amendment with initial capital letters that are not otherwise defined herein shall the meanings ascribed to such terms in the PennyMac Financial Services, Inc. 2013 Equity Incentive Plan (the “Plan”).
​
RECITALS
​
WHEREAS, Section 16.1 of the Plan provides that the Board of Directors of the Company (the “Board”) may amend the Plan at any time; and
​
WHEREAS, the Board desires to amend the Plan to place certain restrictions on Awards granted thereunder.
​
NOW, THEREFORE, in accordance with Section 16.1 of the Plan, the Company hereby amends the Plan as follows:
​
1.   Article 7 of the Plan is hereby amended to add a new Section 7.9 to read as follows:
​
7.9       Minimum Vesting Requirements. Notwithstanding anything to the contrary set forth in the definitions of Performance Period or Restricted Period, or as may be otherwise set forth in Section 7.1(d) or Section 7.2(c), any minimum period required before an Award vests or becomes exercisable, as applicable, shall not apply to Awards granted under the Plan with respect to the number of shares of Stock that, in the aggregate, does not exceed five percent (5%) of the total number of shares of Stock authorized for issuance pursuant to Section 4.1(b) of the Plan, which may be amended from time to time.
​
2.   Except as expressly amended by this Amendment, the Plan shall continue in full force and effect in accordance with the provisions thereof.
​
[Signature page to follow]
​
​



​
IN WITNESS WHEREOF, the Company has caused this Amendment to be duly executed as of the date first written above.
​
	​


	​


	​



	PENNYMAC FINANCIAL SERVICES, INC.
	​

	​
	​
	​

	By:
	/s/ Jeffrey P. Grogin
	​

	Name:
	Jeffrey P. Grogin
	​

	Title:
	Senior Managing Director and
	​

	​
	Chief Enterprise Operations Officer
	​



​
No. 53437.

protest 140681-K (Baltimore).

#### S. S. Kresge Co. *v.*United States,

Opinion by

Mollison, J.

It was stipulated that the merchandise in question consists of figures composed of toilet soap the same in all material respects as those passed upon in Abstract 23099. The claim at 20 percent under paragraph 1558 was therefore sustained.
EXHIBIT 32  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 Annual Report of Wataire International, Inc. (the "Company") on Form 10-K for the year ended March 31, 2008 as filed with the Securities and Exchange Commission on the date hereof (the "Report"),  I, Robert Rosner, Chief Executive Officer of the  Company,  certify,  pursuant to 18 U.S.C. Section 1350, as adopted  pursuant to Section 906 of the  Sarbanes-Oxley Act of 2002, that to the best of my 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 result of  operations of the Company.  /s/ Robert Rosner ---------------------- Robert Rosner Chief Executive Officer  July 14, 2008
No. 49943.

#### Protests 4851-K, etc., of Lord & Taylor et al. (New York).

Opinion by

Cole, J.

Following the authorities cited in Abstract 15400 the court dismissed the protests.