alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2015320EN.01003701.xml

| 28.9.2015 | EN | Official Journal of the European Union | C 320/37 |
| --- | --- | --- | --- |

28.9.2015

EN

Official Journal of the European Union

C 320/37

---

Action brought on 27 July 2015 — Monster Energy v OHIM — Mad Catz Interactive (MAD CATZ)

(Case T-429/15)

(2015/C 320/54)

Language in which the application was lodged: English

Parties

Parties

Applicant: Monster Energy Company (Corona, United States) (represented by: P. Brownlow, Solicitor)

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: Mad Catz Interactive, Inc. (San Diego, United States)

Other party to the proceedings before the Board of Appeal:

Details of the proceedings before OHIM

Details of the proceedings before OHIM

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

Applicant:

Trade mark at issue: Community figurative mark containing the word elements ‘MAD CATZ’ — Community trade mark application No 11 390 846

Trade mark at issue:

Procedure before OHIM: Opposition proceedings

Procedure before OHIM:

Contested decision: Decision of the Fourth Board of Appeal of OHIM of 21 May 2015 in Case R 2176/2014-4

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;

| — | annul the decision of the Opposition Division of 23 June 2014 in Opposition B 2 182 312; |
| --- | --- |

—

annul the decision of the Opposition Division of 23 June 2014 in Opposition B 2 182 312;

| — | reject the opposed mark for all goods in class 25; |
| --- | --- |

—

reject the opposed mark for all goods in class 25;

| — | order OHIM to pay its own costs and those of the applicant. |
| --- | --- |

—

order OHIM to pay its own costs and those of the applicant.

Pleas in law

Pleas in law

| — | Infringement of Article 8(1)(b) of Regulation No 207/2009; |
| --- | --- |

—

Infringement of Article 8(1)(b) of Regulation No 207/2009;

| — | Infringement of Article 8(5) of Regulation No 207/2009. |
| --- | --- |

—

Infringement of Article 8(5) of Regulation No 207/2009.

---
No. 52186.

protests 865101-G, etc. (New York).

#### H. A. Caesar & Co. *v.*United States,

Opinion by

Kincheloe, J.

It now appearing that the umbrella cloth covered by one of'the entries was imported prior to the Belgian Trade Agreement, and *267inasmuch as the protest also claimed the 40 percent rate of duty under paragraph 907, the protests were sustained as to all of the claims made, according to the dates of entry or withdrawal from warehouse.
No. 64710.

#### Moba Jewelry Corp. *v.*United States,

protest 59/30409 (New York).

Opinion by

Lawrence, J.

There being nothing before the court tending in any way to overcome the presumption of correctness attaching to the classification by the collector, the protest was overruled.
Exhibit 23.1



CONSENT OF INDEPENDENT AUDITORS



---



We consent to the inclusion in the Form 10KSB/A being filed under the
Securities Exchange Act of 1934 by Hartville Group, Inc. and subsidiaries of our report dated February 6, 2003, relating to our audits of the consolidated balance sheets of Hartville Group, Inc. and subsidiaries as of December 31, 2002 and 2001 and
the related Consolidated Statements of Income, Consolidated Changes in Stockholders Equity, and Consolidated Statements of Cash Flows for the years then ended.



Pollard-Kelley Auditing Services, Inc.



/s/ Terance L. Kelley

---

Terance L. Kelley for Pollard-Kelley Auditing Services, Inc.



Fairlawn, Ohio

January 6, 2004
**[IDT
      Letterhead]**






April
      28,
      2006




Mr.
      Bruce
      Layman


Amercian
      Telecom Services Corporation




6
      Concourse Parkway




Suite
      1525




Atlanta,
      GA 30328






RE:
            Assignment
                of November 25, 2003 Letter Agreement by and between IDT Puerto Rico
&
                Co. and American Telecom Services Corporation
                (“Agreement”).






Dear
      Mr.
      Layman:




We
      refer
      to the November 25, 2003 Letter Agreement by and between IDT Puerto Rico &
Co. and American Telecom Services Corporation (“Customer”). Pursuant to the
      terms of the Agreement, we hereby give you notice that IDT Puerto Rico & Co.
      hereby assigns, transfers, and conveys all of its rights, title, interest and
      obligations under, in and to the Agreement to its affiliate IDT Domestic Telecom
      Inc. This assignment shall be effective from the Is` of May, 2006
      onwards,




Should
      you have any questions regarding this notice of assignment, please do not
      hesitate to contact me.




Yours
      truly,




/s/Doug
      Mauro


Doug
      Mauro


On
      behalf
      of IDT Puerto Rico & Co.








El
        Paraiso Industrial Park #108 Ganges St.
 Ganges
        Plaza, Suite Al, San Juan, Puerto Rico 00926 • P 787 620-0440 • F 787
        620-0439
No. 66252.

#### I. B. Cohen & Sons Corp. et al. *v.*United States,

protests 60/14175, etc. (New York).

Opinion by

Johnson, J.

It was stipulated that the principles herein are similar in all material respects 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 of merchandise reported by the inspector as manifested, not found, were not in fact received by the importers. In accordance with stipulation of counsel and following the decision cited, it was held that duty is not assessable upon the quantities of merchandise, which were reported by the inspector as manifested, not found. The protests were sustained to this extent.
**Exhibit 31.1**CERTIFICATIONI, John S. Davis, certify that:1. I have reviewed this quarterly report on Form 10-Q of EnergySouth, Inc. (the “Registrant”);2. Based on my knowledge, this quarterly report does not contain any untrue statement of a materialfact or omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this quarterly report;3. Based on my knowledge, the financial statements, and other financial information included inthis quarterly report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the Registrant as of, and for, the periods presented in this quarterlyreport;4. The Registrant’s other certifying officers and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) and have:(a) Designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure that materialinformation relating to the Registrant, including its consolidated subsidiaries, ismade known to us by others within those entities, particularly during the period inwhich this quarterly report is being prepared;(b) Evaluated the effectiveness of the Registrant’s disclosure controls and proceduresand presented in this quarterly report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisquarterly report based on such evaluation; and(c) Disclosed in this quarterly report any change in the Registrant’s internal controlover financial reporting that occurred during the Registrant’s most recent fiscalquarter that has materially affected, or is reasonably likely to materially affect,the Registrant’s internal control over financial reporting;5. The Registrant’s other certifying officers and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the Registrant’s auditors and the auditcommittee of the Registrant’s board of directors:(a) All significant deficiencies in the design or operation of internal control overfinancial reporting which are reasonably likely to adversely affect the Registrant’sability to record, process, summarize and report financial information; and(b) Any fraud, whether or not material, that involves management or other employeeswho have a significant role in the Registrant’s internal control over financialreporting.        Date: August 9, 2005 /s/ John S. Davis   John S. Davis   President and Chief Executive Officer  
28
Exhibit 99.2  -  Report of Management as to compliance with minimum
		 servicing standards for the year ended December 31, 2005


						Irwin Home Equity
						12577 Alcosta Blvd
						Suite 500
						San Ramon, CA 94583-4427
						925.277.2001
						925.277.0481 Fax


					        [IRWIN HOME EQUITY logo]




		Management's Assertion Concerning Compliance
		   with USAP Minimum Servicing Standards




As of and for the year ended December 31, 2005, Irwin Home Equity Corporation
(the "Company") a majority owned subsidiary of Irwin Union Bank and Trust
Company has complied in all material respects with the minimum servicing
standards as set forth in the Mortgage Bankers Association of America's Uniform
Single Attestation Program for Mortgage Bankers ("USAP").

As of and for this same period the Company had in effect a fidelity bond and
errors and omissions policy in the amounts of $35,000,000 and $20,000,000
respectively.



/S/Jocelyn Martin Leano      3/1/06
Jocelyn Martin-Leano
Interim President



/S/Dan Kuster                3/1/06
Dan Kuster
Vice President, Finance
Exhibit 13.2



---



SECTION 906 CERTIFICATION OF CHIEF FINANCIAL OFFICER

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 Royal & Sun Alliance Insurance Group plc (the Company) on Form 20-F for the period ended December 31, 2005 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, George Culmer, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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.

Date: June 6, 2006



/s/ George CulmerGeorge CulmerChief Financial Officer




---
**Exhibit 31.1**

 

CERTIFICATE OF CHIEF FINANCIAL EXECUTIVE OFFICER - Rule 13a-14 (17CFR 240.13a-14)

 

I,Ann A. Jones, certify that:

 

1.I have reviewed this annual report asamended on Form 10-KSB of QRS Music Technologies, Inc.;

 

2.Based on my knowledge, this annual reportdoes not contain any untrue statement of a material fact or omit to state amaterial fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading withrespect to the period covered by this annualreport;

 

3.Based on my knowledge, the financial statements, and other financialinformation included in this annual report,fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periodspresented in this annual report;

 

4.The registrant’s othercertifying officers and I are responsible for establishing and maintainingdisclosure controls and procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the registrant and have:

 

a)designed such disclosurecontrols and procedures to ensure that material information relating to theregistrant, including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the period in which this annual report is being prepared;

 

b)evaluated the effectiveness ofthe registrant’s disclosure controls and procedures as of a date within90 days prior to the filing date of this annual report (the “Evaluation Date”);and

 

c)presented in this annual reportour conclusions about the effectiveness of the disclosure controls andprocedures based on our evaluationas of the Evaluation Date;

 

5.The registrant’s othercertifying officers and I have disclosed, based on our most recent evaluation, to the registrant’s auditors and the audit committee of registrant’s board of directors (orpersons performing the equivalent functions):

 

a)all significant deficiencies inthe design or operation of internal controlswhich could adversely affect theregistrant’s ability to record,process, summarize and report financial dataand have identified for the registrant’s auditors any material weaknesses ininternal controls; and

 

1

----

 

b)any fraud, whether or notmaterial, that involves management or other employees who have a significantrole in the registrant’s internalcontrols; and

 

6. The registrant’s other certifying officers and Ihave indicated in this annual report whether or not there were significantchanges in internal controls or in other factors that could significantlyaffect internal controls subsequent to the date of our most recent evaluation,including any corrective actions with regard to significant deficiencies andmaterial weaknesses.

 

 
| Date:  October 12, 2005 |                     |
|------------------------------|--------------------------|
|                         |                     |
|                         |                     |
|                         | /s/  Ann A. Jones        |   |
|                         | Ann  A. Jones            |
|                         | Chief  Financial Officer |

 

2

----
No. 48401.

#### Petitions 6141-R, etc., of Borregaard Co., Inc. (Portland, Maine, and New York).

Opinion by

Oliver, P. J.

These importations were made during a period when certain test cases were being prepared to determine the value of similar merchandise. The final decision, largely in favor of the importer, found the proper basis for assessing duty was the export value. Due to fluctuation during the period of litigation, when some of the entries were liquidated the result indicated a higher value than that actually claimed by the appraiser, which resulted in a slight penalty, as in this case. At the trial the sales manager for the petitioner testified to these facts. On the record presented the court was thoroughly satisfied that there was no intention to defraud the revenue or to conceal or misrepresent the facts. The petitions were therefore granted.
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

MARY DOE : CIVIL ACTION

:

 v. :

:

MATCH.COM, INC., et al. : NO. 04-938

ORDER

AND NOW, this ___ day of October, it is hereby ORDERED that:

1. The parties shall notify the court regarding whether they have reached

settlement on or before Friday, October 8, 2004.

2. If the parties reach settlement, the parties must come to court to put the

agreement on the record.

BY THE COURT:

________________________

JAMES T. GILES C.J.

copies by FAX on

to

Case 2:04-cv-00938-JG Document 18 Filed 10/06/2004 Page 1 of 1

MARY DOE v. MATCH.COM, INC. et al Doc. 18

Dockets.Justia.com
On October 8, 2008, the Court notified Plaintiffs that no proceeding in this 1

action had been docketed for a period of over one year and ordered them to file a written

application within thirty days to avoid administrative dismissal of the action. On November 5,

2008, new counsel entered their appearance for Plaintiffs and notified the Court that Plaintiffs

intended to proceed with this action. Based on the representations of Plaintiffs’ new counsel that

they intended to prosecute this matter, the Court granted Plaintiffs’ application pursuant to Local

Rule 41.1(a).

However, on November 18, 2008, Plaintiffs’ new counsel withdrew from the

action. Because the sole ground for the Court’s decision to grant Plaintiffs’ application was the

representation that Plaintiffs had secured new counsel and intended to prosecute this matter, the

Court issued an Order dated December 17, 2008 directing Plaintiffs to show cause why this

action should not be dismissed pursuant to Local Rule 41.1(a). The December 17, 2008 Order

warned Plaintiffs that if they failed to show good cause, the action would be dismissed with

prejudice. To date, Plaintiffs have not responded to the December 17, 2008 Order. Accordingly,

the Court will dismiss the action. 

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

JOHN J. KORESKO, V, et al.

v.

JEFF BLEIWEIS, et al.

: CIVIL ACTION 

:

: NO. 04-769

:

:

ORDER

AND NOW, this 6th day of January, 2009, it is ORDERED that this action is

DISMISSED with prejudice pursuant to Local Rule of Civil Procedure 41.1(a). 

1

BY THE COURT:

 S/ BRUCE W. KAUFFMAN 

BRUCE W. KAUFFMAN, J.
No. 61744.

#### Distenfeld & Lokman et al. *v.*United States,

protests 307315-K, etc. (New York).

Opinion by

Mollison, J.

The protests were dismissed for lack of prosecution.
No. 61732.

#### Harville Corporation *v.*United States,

protest 307340-K (New York).

Opinion by

Wilson, J.

The protest was dismissed for lack of prosecution.
Gwendolyn Keyes Fleming 

Regional Administrator 

US EPA, Region 4 0,,"-- 1\_T. .. ~- A <·1~·~'"'' D~rl~~~t 0~-,.~~ 0t:U11 L"' UlHl 1\.llaHta 1. ·vuvt at '-.-lvlllvl 

61 Forsyth Street, SW 

Atlanta, Georgia 30303 

May 16, 2011 

Subject: State Implementation Plan Revisions to Significant Deterioration and New 

Source Review Provisions 

Dear Ms. Fleming: 

On July 15, 2010, the Environmental Management Commission approved amendments to 15A NCAC 02D 

.0530, Prevention of Significant Deterioration, and 02D .0531, Sources in Nonattainment Areas, to incorporate 

by reference descriptions of nonattainment areas and remove obsolete language related to previously stayed 

federal provisions. The amendments were the subject of public hearings held April 27 and 29, 20 I 0, were 

approved by the state Rules Review Commission August 19, 2010, and became effective September 1, 2010. 

Enclosed is the hearing record for these public hearings and a copy of the rules for which approval is 

requested. Note that the rules for which approval is requested, and which became effective September I, 

2010, differ from the rules in Chapter II of the hearing record as a result of technical changes required by 

the State Rules Review Commission. The hard copies of the rules and hearing record are identical to the .pdf 

files recorded on the CD. Please proceed to approve the aforementioned rule amendments as part of the 

federally-approved State Implementation Plan. 

If you need additional information or have any questions, please contact Ms. Joelle Burleson of my staff at 

(919)733-1474 

Enclosures 

SCH/jb 

c: Beverly Banister 

Dick Schutt 

Lynorae Benjamin 

N acosta Ward 

Hearing Record File 

An 

Sincerely, 

Sheila C. Holman 

N~rthCarolina 

)Vaturallu
IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

LLOYD FREED, et al. )

)

) CIVIL ACTION

v. )

) No. 04-1233

UNIVERSAL HEALTH SERVICES ) 

LISELOTTE KLEIN, et al. )

)

) CIVIL ACTION

v. )

)

UNIVERSAL HEALTH SERVICES ) NO. 04-1340 

ORDER

AND NOW, this __ day of July, 2004, upon consideration of

Plaintiff National Asbestos Workers’ Pension Fund’s Motion to

Consolidate and Motion for Appointment as Lead Plaintiff and for

Approval of Lead Counsel (Doc. # 3), and all related submissions,

IT IS HEREBY ORDERED as follows: 

1) The National Asbestos Workers’ Pension Fund’s Motion to

Consolidate is GRANTED as uncontested, and the case bearing

Civil Action Number 04-1340 shall be consolidated into the

case bearing Civil Action Number 04-1233 for all purposes,

pursuant to Rule 42(a) of the Federal Rules of Civil

Procedure. All submissions in the consolidated case shall be

made under the case bearing Civil Action Number 04-1233. 

2) The National Asbestos Workers’ Pension Fund’s Motion for

Case 2:04-cv-01233-JP Document 9 Filed 08/02/04 Page 1 of 3
Appointment as Lead Plaintiff is GRANTED as uncontested,

without prejudice to reconsider the issue upon a Motion for

Class Certification. 

3) The National Asbestos Workers’ Pension Fund’s Motion for

Approval of Lead Counsel is GRANTED. Darren J. Robbins, Esq.

and Laura Andracchio of the law firm of Lerach Coughlin Stoia

& Robbins LLP shall be appointed as lead counsel, and Deborah

R. Gross, Esq. of the Law Offices of Bernard M. Gross, P.C.

shall be appointed as liaison counsel. The National Asbestos

Workers’ Pension Fund shall file with this Court, under seal,

a full and complete fee agreement between The National

Asbestos Workers’ Pension Fund and Lead Counsel. In addition,

The National Asbestos Workers’ Pension Fund shall file with

the Court, under seal, documentation describing the work

arrangement between Lead Counsel Lerach Coughlin Stoia &

Robbins LLP and Liaison Counsel Deborah R. Gross. In

addition, The National Asbestos Workers’ Pension Fund shall

file with this Court, under seal, certification that

arrangements have been made for all counsel to submit monthly

billings to lead counsel for review. All such submissions

shall be made within 10 days of the date of this Order. 

Case 2:04-cv-01233-JP Document 9 Filed 08/02/04 Page 2 of 3
4) The National Asbestos Workers’ Pension Fund shall file a

Class Action Complaint in the consolidated action within 30 

days of the date of this Order. 

BY THE COURT:

__________________

John R. Padova, J.

Case 2:04-cv-01233-JP Document 9 Filed 08/02/04 Page 3 of 3
---

EXHIBIT 13.1

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

In connection with the Annual Report of Dorato Resources Inc.
(the Company) on Form 20-F for the year ended January 31, 2012, as filed with
the Securities and Exchange Commission on the date hereof (the Report), I,
Rowland Perkins, Interim President and Chief Executive Officer of the Company,
certify, pursuant to 18 U.S.C. §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.

Dated: June 13, 2012

| | /s/
      Rowland Perkins                    
| | ---------------------------------------------
| | Rowland Perkins                              
| | Interim President and Chief Executive Officer

---