alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2012227EN.01002402.xml

| 28.7.2012 | EN | Official Journal of the European Union | C 227/24 |
| --- | --- | --- | --- |

28.7.2012

EN

Official Journal of the European Union

C 227/24

---

Action brought on 24 May 2012 — National Trust for Scotland v OHIM — Comhairle na Eilean Siar (ST KILDA)

(Case T-222/12)

2012/C 227/41

Language in which the application was lodged: English

Parties

Parties

Applicant: National Trust for Scotland (Edinburgh, United Kingdom) (represented by: J. MacKenzie, Solicitor)

Applicant:

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

Defendant:

Other party to the proceedings before the Board of Appeal: Comhairle na Eilean Siar (Isle of Lewis, United Kingdom)

Other party to the proceedings before the Board of Appeal:

Form of order sought

Form of order sought

| — | that the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade marks and Designs) dated 26 March 2012, in case R 310/2011-4, should be annulled in its entirety and that the application be refused; |
| --- | --- |

—

that the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade marks and Designs) dated 26 March 2012, in case R 310/2011-4, should be annulled in its entirety and that the application be refused;

| — | that OHIM and any intervening parties in this Appeal shall bear their own costs and pay the Applicant’s costs of these proceedings and those of the Appeal procedure before the Board of Appeal. |
| --- | --- |

—

that OHIM and any intervening parties in this Appeal shall bear their own costs and pay the Applicant’s costs of these proceedings and those of the Appeal procedure before the Board of Appeal.

Pleas in law and main arguments

Pleas in law and main arguments

Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal

Applicant for a Community trade mark:

Community trade mark concerned: The word mark ST KILDA for goods and services in classes 9, 16, 35, 39, 41 and 43 — Community trade mark application No 8 283 871

Community trade mark concerned:

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

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

Mark or sign cited in opposition: Grounds laid down in Article 8(4) of Council Regulation No 207/2009, more particularly a non-registered trade mark protected in the UK, as well as third party observations under Article 40 of Council Regulation No 207/2009

Mark or sign cited in opposition:

Decision of the Opposition Division: Rejected the opposition

Decision of the Opposition Division:

Decision of the Board of Appeal: Dismissed the appeal

Decision of the Board of Appeal:

Pleas in law:

Pleas in law:

| — | Infringement of Article 7(1)(b) and (c) of Council Regulation No 207/2009; |
| --- | --- |

—

Infringement of Article 7(1)(b) and (c) of Council Regulation No 207/2009;

| — | Infringement of Article 8(4) of Council Regulation No 207/2009. |
| --- | --- |

—

Infringement of Article 8(4) of Council Regulation No 207/2009.

---
**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 this Quarterly Report of Bytewatch Technologies, Inc. (the “Company”) on Form 10-QSB for the period ending September 30, 2005, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Richard Plotnikoff, Chief Executive Officer and Chief Financial Officer of the Company, certifies to the best of his knowledge, pursuant to 18 U.S.C. Section 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. |
|----|
| 3. | The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Company. |
|----|-----------------------------------------------------------------------------------------------------------------------------------------------------|

 
| By: | */s/ Richard Plotnikoff* |  
 
Richard Plotnikoff

 
 
Chief Executive Officer

 
Chief Financial Officer

 
 

Dated: May 17, 2006

 

 

 

  |
|-----|--------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from Memry
Corporation's consolidated financial statements to its annual report on Form
10KSB for the year ended June 30, 1997. It is qualified in its entirety by
reference to such financial statements.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JUN-30-1997
<PERIOD-START>                             JUL-01-1996
<PERIOD-END>                               JUN-30-1997
<CASH>                                              25
<SECURITIES>                                         0
<RECEIVABLES>                                    2,419
<ALLOWANCES>                                         0
<INVENTORY>                                      1,664
<CURRENT-ASSETS>                                 5,413
<PP&E>                                           4,109
<DEPRECIATION>                                   1,344
<TOTAL-ASSETS>                                  11,152
<CURRENT-LIABILITIES>                            5,428
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           170
<OTHER-SE>                                       5,511
<TOTAL-LIABILITY-AND-EQUITY>                    11,152
<SALES>                                         11,290
<TOTAL-REVENUES>                                11,545
<CGS>                                            6,305
<TOTAL-COSTS>                                    6,517
<OTHER-EXPENSES>                                 5,023
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 275
<INCOME-PRETAX>                                  (260)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                              (260)
<DISCONTINUED>                                   (751)
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (1,011)
<EPS-PRIMARY>                                   (0.06)
<EPS-DILUTED>                                   (0.06)<F1>
<FN>
<F1>Common Stock equivalents have been excluded from the computation of the net
loss per common share because inclusion of such equivalents would be
anti-dilutive.
</FN>
        

</TABLE>
EXHIBIT 23

                   CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS


The Board of Directors
of FVNB Corp.:

     We consent to the incorporation by reference in Registration Statement No.
333-75029 on FormS-8 of FVNB Corp. filed on March 25, 1999, of our report dated
January 22, 1999, relating to the consolidated balance sheets of FVNB Corp. and
subsidiaries as of December 31, 1998 and 1997, and the related consolidated
statements of income and comprehensive income, shareholders equity and cash
flows for each of the years in the three-year period ended December 31, 1998,
which report is included in this December 31, 1998 annual report on Form 10-K of
FVNB Corp.


/s/ Arthur Andersen LLP

Houston, Texas
March 29, 1999
No. 47730.

#### Protest 79097-K of New York Mdse. Co., Inc. (New York).

Opinion by

Walker, J.

In accordance with stipulation of counsel and following *United States*v. *Heinrich Herrmann & Weiss*(26 C. C. P. A. 292, C. A. D. 30), the claim at only 50 percent ad valorem under paragraph 1506 was sustained.
<PAGE>

                                  EXHIBIT 32.b
                                  ------------

                            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 Quarterly Report of Morgan Beaumont, Inc. (the "Company")
on Form 10-QSB for the period ended June 30, 2005, as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Kenneth Craig, in
my capacity as Chief Financial 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:

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

                  The information contained in the Report fairly presents, in
                  all material respects, the financial condition and results of
                  operations of the Company.

                             /S/ THEODORE MISIEWICZ
Date: November 14, 2005      -------------------------------------------
                             Theodore Misiewicz, Chief Financial Officer
No. 96-83.

No. 96-84.

#### Simpson *v.*Kansas; and Jensen *v.*Kansas.

Sup. Ct. Kan. Certiorari denied. Reported below: 259 Kan. 781, 915 P. 2d 109.
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 Annual Report of Samaritan Pharmaceuticals, Inc. (the
"Company") on Form 10-KSB/A for the period ended December 31, 2003 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), each
of the undersigned, in the capacities and on the dates indicated below, hereby
certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, that to his 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 operation of the Company.

Date:    April 14, 2004     By: /s/Janet Greeson
                                --------------------------
                                   Janet Greeson,
                                   Chief Executive Officer


                            By: /s/ Eugene Boyle
                                ---------------------------
                                    Eugene Boyle,
                                    Chief Financial Officer

A signed original of this written statement required by Section 906, or other
document authentications, acknowledging, or otherwise adopting the signature
that appears in typed form within the electronic version of this written
statement required by Section 906, has been provided to Samaritan
Pharmaceuticals, Inc. and will be retained by Samaritan Pharmaceuticals, Inc.
and furnished to the Securities and Exchange Commission or its staff upon
request.
# C_2012295EN.01002801.xml

| 29.9.2012 | EN | Official Journal of the European Union | C 295/28 |
| --- | --- | --- | --- |

29.9.2012

EN

Official Journal of the European Union

C 295/28

---

Action brought on 30 July 2012 — Gandia Blasco v OHIM — Sachi Premium — Outdoor Furniture (Armchairs)

(Case T-339/12)

2012/C 295/50

Language in which the application was lodged: English

Parties

Parties

Applicant: Gandia Blasco, SA (Valencia, Spain) (represented by: I. Sempere Massa, 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: Sachi Premium — Outdoor Furniture, Lda (Estarreja, Portugal)

Other party to the proceedings before the Board of Appeal:

da

Form of order sought

Form of order sought

| — | Annul the decision of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade marks and Designs) of 25 May 2012 (R 970/2011-3) Declare the contested Community Design No 1512633-0001 invalid; and |
| --- | --- |

—

Annul the decision of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade marks and Designs) of 25 May 2012 (R 970/2011-3) Declare the contested Community Design No 1512633-0001 invalid; and

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

—

Order OHIM to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

Registered Community design in respect of which a declaration of invalidity has been sought: A design for ‘armchairs, loungers’ — registered Community design No 1512633-0001

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

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

Proprietor of the Community design:

Applicant for the declaration of invalidity of the Community design: The applicant

Applicant for the declaration of invalidity of the Community design:

Grounds for the application for a declaration of invalidity: The applicant requested the invalidation of the RCD based on Articles 4 to 9 of Council Regulation No 6/2002; Community design registration No 52113-0001, for ‘armchairs’

Grounds for the application for a declaration of invalidity:

Decision of the Cancellation Division: Rejected the application for a 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 4 to 9 of Council Regulation No 6/2002

Pleas in law:

---
No. 44274.

#### Protest 22505-K of Ossola Bros., Inc. (New York).

Opinion by

Cline, J.

The record shows that attached to each basket was a paper label having the word “Italy” printed thereon, and that the baskets were the immediate containers of the origanum. On the authority of *Asiam*v. *United States*(25 C. C. P. A. 68, T. D. 49065) the protest was sustained. *American Hatters*v. *United States*(1 Cust. Ct. 111, C. D. 31) and Abstracts 40549, 41128, and 42581 cited.
EXHIBIT 21.1  Subsidiaries of Universal Compression Holdings, Inc.  Beijing
  Universal Compression Technical Services Company Ltd.
  
  ChinaCompression
  Services de Mexico, S.A. de C.V.
  
  MexicoCompressor
  Systems International, Inc.
  
  DelawareEnergy
  Dynamics de Venezuela, C.A.
  
  VenezuelaEnterra
  Compression Investment Company
  
  DelawareOceanic
  Compression Services, Pty. Ltd.
  
  AustraliaProbalance
  Engenharia Ltda.
  
  BrazilPT
  Universal Compression Indonesia
  
  IndonesiaUC
  Canadian Partnership Holdings Company
  
  Nova
  ScotiaUC
  Canadian Partnership Minority Holdings Company
  
  Nova
  ScotiaUCO
  Compression 2005 LLC
  
  DelawareUCO
  Compression Holding, L.L.C.
  
  DelawareUniversal
  Compression (Australia) Pty Ltd.
  
  AustraliaUniversal
  Compression (Ontario), Ltd.
  
  British
  Virgin IslandsUniversal
  Compression (Thailand), Ltd.
  
  ThailandUniversal
  Compression Argentina, SA
  
  ArgentinaUniversal
  Compression Bolivia LTDA
  
  BoliviaUniversal
  Compression B.V.
  
  The
  NetherlandsUniversal
  Compression Canada, Limited Partnership
  
  Nova
  ScotiaUniversal
  Compression Canadian Holdings, Inc.
  
  DelawareUniversal
  Compression de Mexico, S.A. de C.V.
  
  MexicoUniversal
  Compression de Venezuela Unicom, C.A.
  
  VenezuelaUniversal
  Compression del Peru, S.R.L.
  
  PeruUniversal
  Compression Finance Company, Ltd.
  
  BarbadosUniversal
  Compression Holdings Canada Company
  
  Nova
  ScotiaUniversal
  Compression International Holdings, S.L.U.
  
  SpainUniversal
  Compression International, Inc.
  
  DelawareUniversal
  Compression International, Ltd.
  
  Cayman
  IslandUniversal
  Compression LTDA
  
  BrazilUniversal
  Compression of Colombia, Ltd.
  
  Cayman
  IslandUniversal
  Compression Services de Venezuela, C.A.
  
  VenezuelaUniversal
  Compression Services, LLC
  
  DelawareUniversal
  Compression, Inc.
  
  TexasUniwhale
  de Columbia E.U.
  
  Cayman
  IslandUniwhale
  Ltd.
  
  Cayman
  IslandQuimex
  S.A.
  
  SwitzerlandExcel
  Energy Services
  
  Nigeria
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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 09-10436

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

GUADALUPE MARTINEZ,

Defendant-Appellant

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 5:09-CR-29-1

Before GARZA, DENNIS, and ELROD, Circuit Judges.

PER CURIAM:*

The Federal Public Defender appointed to represent Guadalupe Martinez

has moved for leave to withdraw and has filed a brief in accordance with Anders

v. California, 386 U.S. 738 (1967). Martinez has filed a response. Our

independent review of the record, counsel’s brief, and Martinez’s response

discloses no nonfrivolous issue for appeal. Accordingly, counsel’s motion for

leave to withdraw is GRANTED, counsel is excused from further responsibilities

herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.

United States Court of Appeals

Fifth Circuit

F I L E D

February 12, 2010

Charles R. Fulbruge III

Clerk

Case: 09-10436 Document: 00511027300 Page: 1 Date Filed: 02/12/2010
Exhibit 32.2

   Certification of CEO and CFO Furnished 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 Samaritan Pharmaceuticals, Inc. (the
"Company") on Form 10-K/A for the year ended December 31, 2005, as filed with
the Securities and Exchange Commission on the date hereof, I, Eugene Boyle,
Chief Financial Officer of the Company, certify for the purposes of section 1350
of chapter 63 of title 18 of the United States Code that, to the best of my
knowledge,

          (i) the Annual Report of the Company on Form 10-K/A for the year ended
          December 31, 2005 (the "Report"), fully complies with the requirements
          of section 13(a) of the Securities Exchange Act of 1934, and

          (ii) the information contained in the Report fairly presents, in all
          material respects, the financial condition and results of operations
          of the Company.


                                             Date:      November 2, 2006

                                               By:  /s/ Eugene Boyle
                                                        ------------
                                            Title:      Chief Financial Officer,
                                                        Chief Operations Officer



A signed  original of this  written  statement  required by Section 906 has been
provided to the Company and will be retained by the Company and furnished to the
Securities and Exchange Commission or its staff upon request.
EXHIBIT 32.1

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

The undersigned, the Chief Executive Officer of DCI USA, Inc. (the "Company"),
does hereby certify under the standards set forth and solely for the purposes of
18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, that the Quarterly Report on Form 10-QSB of the Company for the quarter
ended June 30, 2006 fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934 and information contained in that
Form 10-QSB fairly presents, in all material respects, the financial condition
and results of operations of the Company.


Dated: August 11, 2006                  /s/ Jonathan Ilan Ofir
                                        ------------------------------
                                        Jonathan Ilan Ofir,
                                        Chief Executive Officer

A signed original of this written statement required by Section 906 has been
provided to the Company and will be retained by the Company and furnished to the
Securities and Exchange Commission or its staff upon request.
No. 74-5845.

#### Hessbrook *v.*United States.

C. A. 5th Cir. Certiorari denied.
```

[Federal Register Volume 76, Number 96 (Wednesday, May 18, 2011)]
[Rules and Regulations]
[Page 28641]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: C1-2011-9404]

[[Page 28641]]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2010-1027; Airspace Docket No. 10-AGL-15]

Amendment of Class E Airspace; Indianapolis Executive Airport, IN

Correction

    In rule document 2011-9404 appearing on pages 22013-22014 in the 
issue of Wednesday, April 20, 2011, make the following corrections:

Sec.  71.1  [Corrected]

0
1. On page 22014, in the second column, on the 4th line from the bottom 
of the page, ``86[deg]102'7'' W'' should read ``86[deg]10'27'' W''.
0
2. On the same page, in the third column, on the 4th line from the top 
of the page, ``86[deg]092'0'' W'' should read ``86[deg]09'20'' W''.

[FR Doc. C1-2011-9404 Filed 5-17-11; 8:45 am]
BILLING CODE 1505-01-D
```