alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2015127EN.01003201.xml

| 20.4.2015 | EN | Official Journal of the European Union | C 127/32 |
| --- | --- | --- | --- |

20.4.2015

EN

Official Journal of the European Union

C 127/32

---

Action brought on 16 February 2015 — Mudhook Marketing v OHIM (IPVanish)

(Case T-78/15)

(2015/C 127/44)

Language of the case: English

Parties

Parties

Applicant: Mudhook Marketing, Inc. (Winter Park, United States) (represented by: A. Dellmeier and H. Eckermann, lawyers)

Applicant:

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

Defendant:

Details of the proceedings before OHIM

Details of the proceedings before OHIM

Trade mark at issue: Community word mark ‘IPVanish’ — Application for registration No 2 330 271

Trade mark at issue:

Contested decision: Decision of the Second Board of Appeal of OHIM of 4 December 2014 in Case R 1417/2014-2

Contested decision

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | Annul the contested decision; |
| --- | --- |

—

Annul the contested decision;

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

—

Order OHIM to pay the costs.

Plea in law

Plea in law

| — | Infringement of Article 7(1)(b) of Regulation No 207/2009. |
| --- | --- |

—

Infringement of Article 7(1)(b) of Regulation No 207/2009.

---
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 Annual  Report of  Interactive  Games,  Inc.  (the
"Company")  on Form  10-KSB for the year  ended July 31,  2006 as filed with the
Securities and Exchange  Commission (the "Report"),  I, Barry  Hollander,  Chief
Financial  Officer of the Company,  certify,  pursuant to 18 U.S.C. SS. 1350, as
adopted pursuant to SS. 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 result of
                  operations of the Company.

                                                     /s/Barry Hollander
                                                     -------------------------
                                                     Chief Financial Officer
                                                     November 14, 2006
No. 58448.

protest 194015-K (New York).

#### The Tupman Thurlow Co., Inc. *v.*United States,

Wilson, Judge:

It was conceded by the Government that the merchandise under consideration consisted of a shipment of “smoked herring.” It was classified by the collector as soft-cured, whole-smoked herring and assessed with duty at the rate of 1 cent per pound under paragraph 720 (a) (2) of the Tariff Act of 1930, as modified by the General Agreement on Tariffs and Trade, T. D. 51802. Plaintiff claims that the fish here involved are “hard dry-smoked herring” and, as such, should be assessed at *}í*cent per pound under the same paragraph of the Tariff Act of 1930, as modified by the aforesaid trade agreement, T. D. 51802.

The sole question for determination is, therefore, whether the involved merchandise is properly classifiable as soft-cured smoked herring or hard dry-smoked herring. Only two witnesses were called. The secretary of the plaintiff corporation testified that the imported merchandise had been sold to the Osan Supply Co. of New York City. The other witness, the owner of the Osan Supply Co.,- who had been engaged in buying and selling fish for 35 years, testified that he personally received and examined the shipment of fish in question and that the merchandise consisted of hard, dry bloaters (R. 7). A herring, marked exhibit 1, taken from protest 177682-K, Abstract No. 57608, was identified by the witness as a hard dry-smoked herring similar to the merchanidse now under consideration (R. 10). The witness classified exhibit 1 as an “export bloater” (R. 16).

Without objection,-the record in protest 177682-K, *B. Spiliadis & Company*v. *United States,*31 Cust. Ct. 293, Abstract 57608, was incorporated into the record of the present case. In that ease, certain smoked herring, which had been classified for duty as soft-cured whole-smoked herring under the same paragraph of the tariff act and with the same duty assessment as in the case at bar, was held properly classifiable as hard dry-smoked herring and, accordingly, dutiable under paragraph 720 (a) (2) of the Tariff Act of 1930, as modified, at the rate of *}í*cent per pound, as claimed.

The uneontradicted testimony indicates that the shipment of fish now under consideration consisted of hard dry-smoked herring, also known as export bloaters and hard dry bloaters. Clearly, under such classification, they fall squarely under the principles of the *Spiliadis*case, *supra,*and the authorities therein cited.

*398On the record presented, and following the previous decisions of this court, we hold that the shipment of merchandise here involved consisted of hard dry-smoked herring, and, as such, is dutiable under paragraph 720 (a) (2) of the Tariff Act of 1930, as modified by the General Agreement on Tariffs and Trade, T. D. 51802, at the rate of cent, as claimed.

The protest is sustained. Let judgment be entered accordingly.
Case 2:03-cv-05595-MMB Document 228 Filed 11/26/12 Page 1 of 1
No. 64020.

protest 272579-K (Seattle).

#### Close and Stewart *v.*United States,

Opinion by

Donlon, J.

In accordance with stipulation of counsel that the merchandise consists of prepared or preserved pork similar in all material respects to that the subject of *C. J. Tower & Sons*v. *United States*(43 Cust. Ct. 36, C.D. 2100), the claim of the plaintiff was sustained.
No. 57193.

protests 765666-G, etc. (New York).

#### Arnhold & Co., Inc., et al. *v.*United States,

Opinion by

Oliver, C. J.

In accordance with stipulation of counsel that the kidskin plates are similar in all material respects to those the subject of *Kung Chen Fur Corpn.*v. *United States*(29 Cust Ct. 266, C. D. 1480), the claim for free entry under paragraph 1681 was sustained.

Ford, J., concurred.

Mollison, J.,’ dissented for the reasons set forth in his dissenting opinion in G. D. 1480, *supra.*
Exhibit 13.2

SECTION 906 CERTIFICATION

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 on Form 20-F for the fiscal year ended December 31, 2003 of Given Imaging Ltd. (the “Company”) as filed with the U.S. Securities and Exchange Commission (the “Commission”) on the date hereof (the “Report”) and pursuant to 18 U.S.C. § 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, I, Zvi Ben David, Vice President and Chief Financial Officer of the Company, certify, that:

(1)        the Report fully complies with the requirements of Section 13(a) or 15(d) 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. 

 

|         |                                       |   |   |   |
|--------------|--------------------------------------------|--------|--------|--------|
| By:     | /s/ Zvi Ben David                          |   |   |   |
|         |                                            |   |   |   |
| Name:   | Zvi Ben David                              |   |   |   |
| Title:  | Vice President and Chief Financial Officer |   |   |   |
| Date:   | March 17, 2004                             |   |   |   |

 

A signed original of this written statement required by Section 906 has been provided to Given Imaging Ltd. and will be retained by Given Imaging Ltd. and furnished to the Securities and Exchange Commission or its staff upon request.

----
No. 52464.

protest 137045-K (New York).

#### Best & Co. *v.*United States,

Opinion by

Tilson, J.

It was stipulated that the merchandise is the same in all material respects as the gloves which were the subject of *United States*v. *Julius Kayser & Co.*(33 C. C. P. A. 179, C. A. D. 333). The claim at 50 percent ad valorem under paragraph 915, plus any additional duty applicable under paragraph 924, was therefore sustained.
No. 52187.

protests 31331-K, etc. (New York).

#### Best & Co., Inc. *v.*United States,

Opinion by

Kincheloe, J.

It was stipulated that the merchandise is the same in all material respects as the gloves which were the subject of *United States*v. *Julius Kayser & Co.*(33 C. C. P. A. 179, C. A. D. 333). The claim at 50 percent ad valorem under paragraph 915, plus any additional duty applicable under paragraph 924, was therefore sustained.
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

TANYA BASTIAN : CIVIL ACTION

:

vs. :

: NO. 02-CV-4078

UNUMPROVIDENT CORP., et al. :

O R D E R

AND NOW, TO WIT: This 7th day of August, 2002, it having been reported that

the issues between the parties in the above action has been settled and upon Order of the Court

pursuant to the provisions of Rule 41.1(b) of the Local Rules of Civil Procedure of this Court , it

is

ORDERED that the above action is DISMISSED with prejudice, pursuant to

agreement of counsel without costs.

MICHAEL E. KUNZ, Clerk of Court

BY: 

 Christine L. Halligan 

 Deputy Clerk

cc: 8/7/02 clh, by mail:

 Jane Detra Davenport, Esquire

 Robert Knauer, Esquire

 Steven J. Schildt, Esquire

Civ 2 (8/2000)

41(b).frm

Case 2:02-cv-04078-CMR Document 5 Filed 08/08/2002 Page 1 of 1
<PAGE>


                                                              ------------------
                       SECURITIES AND EXCHANGE COMMISSION     This Amendment
                             WASHINGTON, D.C. 20549           provides Exhibits
                                  FORM 10-QSB/A               32(i) and 32(ii).
                                                              ------------------

(Mark One)

/X/ Quarterly Report pursuant to Section 13 or 15 (d) of the Securities Exchange
    Act of 1934 for the quarterly period ended June 30, 2003.

/ / Transition Report pursuant to Section 13 or 15 (d) of the Securities
    Exchange Act of 1934 for the transition period from __________________ to
    _________.

                          Commission File No. 000-30294

                               Dialog Group, INC.
              ----------------------------------------------------
              (Exact name of Small Business Issuer in its Charter)


Delaware                                                       87-0394290
---------------------------------------                  -----------------------
(State or Other Jurisdiction of                                (I.R.S. Employer
Incorporation or Organization)                           Identification Number)

Twelfth Floor, 257 Park Avenue South, New York, NY                10010
-----------------------------------------------------         -------------
(Address of Principal Executive Offices)                        (Zip Code)

212.254.1917
---------------------------
(Issuer's Telephone Number)

Check whether the issuer (1) has filed all reports required to be filed by
Section 13 or 15 (d) of the Securities Exchange Act of 1934 during the past 12
months (or such shorter period that the registrant was required to file such
reports), and (2) has been subject to such filing requirements for the past 90
days:       Yes /X/  No /  /

Check whether the registrant filed all documents and reports required to be
filed by Section l2, 13 or 15(d) of the Exchange Act after the distribution of
securities under a plan confirmed by a court:       Yes /X/ No /  /

         State the number of shares outstanding of each of the issuer's classes
of common equity, as of the latest practicable date.

         At August 13, 2003 there were 82,287,489 shares of common stock, par
value $.001 per share outstanding.

         Transitional Small Business Disclosure Format (check one):
Yes / /    No /X/




<PAGE>



                                INDEX TO EXHIBITS

  Exhibit         Page
  Number          Number       Description
  ---------       --------     --------------------------------------------

   32(i)            __         906 Certification of Chief Executive Officer
   32(ii)           __         906 Certification of Chief Financial Officer
**Exhibit 31**

 

**CERTIFICATIONS**

 

I, Stephen Linehan, certifythat:

 

1.                                       I have reviewed this annual report on Form 10-K,and all reports on Form 8-K containing distribution or servicing reportsfiled in respect of periods included in the year covered by this annual report,of Capital One Prime Auto Receivables Trust 2005-1;

 

2.                                       Based on my knowledge, the information inthese reports, taken as a whole, does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statementsmade, in light of the circumstances under which such statements were made, notmisleading as of the last day of the period covered by this annual report;

 

3.                                       Based on my knowledge, the servicinginformation required to be provided to the Indenture Trustee by the Servicerunder the Sale and Servicing Agreement for inclusion in these reports isincluded in these reports;

 

4.                                       Based on my knowledge and upon the annualcompliance statement included in the reports and required to be delivered tothe Indenture Trustee in accordance with the Sale and Servicing Agreement, andexcept as disclosed in the reports, the Servicer has fulfilled its obligationsunder the Sale and Servicing Agreement; and

 

5.                                       The reports disclose all significantdeficiencies relating to the Servicer’s compliance with the minimum servicingstandards based upon the report provided by an independent accountant, afterconducting a review in compliance with the standards established by the Uniform SingleAttestation Program for Mortgage Bankers or similar procedure, as set forth inthe pooling and servicing, or similar, agreement, that is included in thesereports.

 
| Date: March 30, 2006 | By:                                |     /s/  Stephen Linehan |   |
|---------------------------|------------------------------------|----------------------------------------------|--------|
|                      | Stephen Linehan                    |
|                      | Treasurer                          |
|                      | Capital One Auto  Receivables, LLC |

 

----
Honorable Ernest Tibbets 

Cbuntg'Attorney 

HaIe County - 

Plainview, Texas _ 

Dear Sir: Opinion No. O-4122 .-.' -. 

.'_. ,.. 

Re: Whether a temporary a&ninlstrator imast pay the Fax'aiid'afflx 

the stamps provided for in. -~. 

Article XV of House Bill 8, 47th 

Legislature. .~ ..-.. .~ _,. 

We acknowledge receipt of your request for an opinion 

of this Department-on whether OF not-the tax acQuirea bji-'A&lb-le 

XV of House Bill 8, 47th‘~Leglslatizre, must be pal.a on ti%inWfers 

OTT stock by‘.a temporary administrator to the heirs at law and 

the stamps affixed thereto. . 

Article XV, supra, provides that: i _ . 

"There Is hereby Imposed-'and levied a-'tax. 

. . . on . . . deliveries or transfers of'shares, 

or certificates of stock, oi'certlflcates for 

rights tb stock, or certificates of deposit representing-fan Interest in or representing certlflcates made taxable under this Section In any domestic or foreign corporation, . . .' (Underscoring 

ours) . 

And said Article XV further provides that: 

rr a . 0 It shall be the duty of the person or persons 

makim. or effectuating the sale or transfer to procure, affix, and cancel the stamps and pay the tax 

provided by this Article . . .' (Underscoring ours) _ - 

It will be noted that the'above act Is not onIy a tax 

onthe sales of stock, etc., but Is also a tax on the transfer 

of-.stock. ,The purpose of the act manifestly being to tax all 

transactions wherein the ownership of stock is cha,nged. 

While It-is true that the-'tltle.to the'stock-Is vested 

in the heirs immediately upon the death of the decedent, ~'(Smith 

vs. Price, 230 S. W. 836) the delivery or transfer of the stock 
. 

page 2 o-43.22 

.~ ., 

or stbbk certificates ,nuapt be'effectuatea by some means. In 

this case the administrator malces tne transrer. 

Hon. Ernest Tlbbets, 

You are, therefore, advl'secl that unde? Artlcle'XV, 

siiprB, It Is the dutji of the temporery administrator to j%y the 

tax and affix the stamps an the stocky certlflcates he transfers. _ a-' _. . .~. 

: .' _ " Trusting that the foregoing fully answers your lnquirg, we are 

Yours very truly 

ATTORNEY GENEFUL OF TEXAS 

RHC:N:wc 

By s/RlChWd H. Cock& 

Ritih&M H. Cocke 

Assistant 

APPROVXD OCT 23; 1941 

s/Grover Sellers 

FIRSTASSISTANT 

ATTORNEYGENERAL _. _. 

Approved Opinion Committee By s/&lB Chairman
No. 57183.

protest 187389-K (New York).

#### The Brush Beryllium Company *v.*United States,

Opinion by

Johnson, J.

Prom an examination of the papers in the ease the court was unable to find anything to overcome the presumption of correctness of the collector’s classification. The protest was therefore overruled.
No. 64038.

protests 58/23541 and 58/23369 (Los Angeles).

#### Madison Import Corp. and George Rose & Co. *v.*United States,

Opinion by

Johnson, J.

In accordance with stipulation of counsel that the merchandise consists of percussion caps similar in all material respects to those the subject of *Gold-Silver*& *Co.*v. *United States*(36 Cust. Ct. 51, C.D. 1753), the claim of the plaintiff was sustained.
uw

September 20, 1999

Cynthia L. Johnson

Director, Cash Management Policy & Planning Division
Financial Management Service

Room 420

401 14th Street, SW

Washington, D.C. 20227

Dear Ms Johnson:

SUBJECT: PORPOSED AMENDMENT TO TREASURY TAX & LOAN RATE OF
INTEREST

National City Corporation currently has five banks that are Treasury Tax & Loan Note Option
Depositories. All five banks are also participants in the Special Direct TT&L Program. The combined
maximum of the banks totals over $3 billion in regular TT8&L and over $8 billion in Special Direct
capacity. The current proposal by the Treasury is to change to the rate of interest charged TT&L
Depositaries for the use of Treasury funds from the Fed Funds rate minus 25 basis points to a rate, on
average, that would be 23 basis points higher. Should the Treasury Department adopt this proposal,
National City Corporation would immediately discontinue its participation in both the Note Option
and Special Direct programs.

The Fed Funds rate is the benchmark cost of unsecured funds for banks. National City believes that the
Treasury Department’s current pricing of Fed Funds less 25 basis points is the appropriate cost for
collateralized borrowing for our banks and should be retained, The overnight repurchase agreement rate
referenced in the proposal is more representative of a primary security dealer’s cost of collateralized
borrowings.

National City would have an interest in obtaining TT&L note balances for guaranteed terms. The
guaranteed term would have to be longer than one week and the rate much closer to the current rate
rather than the proposed two basis points under Fed Funds.

As always, National City welcomes the opportunity to comment on proposed changes to the Treasury
Tax & Loan Program.

Sincerely,

(HD urolQ7@
Gwendolyn O. Ronald

Vice President
Funding Manager

ce: J. Andrew Dunham
Federal Reserve Bank of St. Louis
Federal Reserve Bank of Cleveland
Federal Reserve Bank of Chicago

rrae
030
National City Bank of Kentucky
P.O. Box 36000
ch Louisville. KY 40233-6000

TENDER
Member FDIC
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1104 Introduced in House (IH)]

106th CONGRESS
  1st Session
                                H. R. 1104

 To authorize the Secretary of the Interior to transfer administrative 
jurisdiction over land within the boundaries of the Home of Franklin D. 
Roosevelt National Historic Site to the Archivist of the United States 
               for the construction of a visitor center.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 11, 1999

 Mr. Sweeney introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL

 
 To authorize the Secretary of the Interior to transfer administrative 
jurisdiction over land within the boundaries of the Home of Franklin D. 
Roosevelt National Historic Site to the Archivist of the United States 
               for the construction of a visitor center.

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

SECTION 1. VISITOR CENTER FOR HOME OF FRANKLIN D. ROOSEVELT NATIONAL 
              HISTORIC SITE, HYDE PARK, NEW YORK.

    (a) Transfer of Administrative Jurisdiction.--The Secretary of the 
Interior may transfer to the Archivist of the United States 
administrative jurisdiction over land located in the Home of Franklin 
D. Roosevelt National Historic Site, for use by the Archivist for the 
construction of a visitor center facility to jointly serve the Home of 
Franklin D. Roosevelt National Historic Site and the Franklin D. 
Roosevelt Presidential Library, located in Hyde Park, New York.
    (b) Conditions of Transfer.--
            (1) Protection of historic site.--The transfer authorized 
        in subsection (a) shall be subject to an agreement between the 
        Secretary and the Archivist that shall include such provisions 
        for the protection of the Home of Franklin D. Roosevelt 
        National Historic Site and the joint use of the facility to be 
        constructed as the Secretary and the Archivist may consider 
        necessary.
            (2) Consideration.--A transfer made pursuant to subsection 
        (a) shall be made without consideration or reimbursement.
            (3) Termination.--If use by the Archivist of the land 
        referred to in subsection (a) is terminated by the Archivist at 
        any time, administrative jurisdiction over the land shall 
        automatically revert to the Department of the Interior.
    (c) Description of Land.--The land referred to in subsection (a) 
shall consist of not more than 1 acre of land as may be mutually agreed 
to by the Secretary and the Archivist and more particularly described 
in the agreement required under subsection (b)(1).
                                 <all>
```