alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2012355EN.01002703.xml

| 17.11.2012 | EN | Official Journal of the European Union | C 355/27 |
| --- | --- | --- | --- |

17.11.2012

EN

Official Journal of the European Union

C 355/27

---

Action brought on 8 August 2012 — Harper Hygienics v OHIM — Clinique Laboratories (CLEANIC natural beauty)

(Case T-363/12)

2012/C 355/59

Language in which the application was lodged: Polish

Parties

Parties

Applicant: Harper Hygienics S.A. (Warsaw, Poland) (represented by: R. Rumpel, legal adviser)

Applicant:

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

Defendant:

Other party to the proceedings before the Board of Appeal: Clinique Laboratories LLC (New York, United States)

Other party to the proceedings before the Board of Appeal:

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 25 May 2012 (Case R 1134/2001-2) refusing registration of ‘CLEANIC natural beauty’ as a Community trade mark for goods in Classes 3, 5 and 16; |
| --- | --- |

—

annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 25 May 2012 (Case R 1134/2001-2) refusing registration of ‘CLEANIC natural beauty’ as a Community trade mark for goods in Classes 3, 5 and 16;

| — | amend the contested decision by registration of the trade mark for all the goods and services applied for; |
| --- | --- |

—

amend the contested decision by registration of the trade mark for all the goods and services applied for;

| — | 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

Applicant for a Community trade mark: Harper Hygienics

Applicant for a Community trade mark:

Community trade mark concerned: figurative trade mark containing the word element ‘CLEANIC natural beauty’ for goods in Classes 3, 5 and 16

Community trade mark concerned:

Proprietor of the mark or sign cited in the opposition proceedings: Clinique Laboratories LLC

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

Mark or sign cited in opposition: Community trade marks No 54 429 for goods in Classes 3, 14, 25 and 42 and No 2 294 429 for goods in Classes 35 and 42, and national (Polish) mark No 51 732 for goods in Classes 3 and 5

Mark or sign cited in opposition:

Decision of the Opposition Division: opposition upheld

Decision of the Opposition Division:

Decision of the Board of Appeal: appeal dismissed

Decision of the Board of Appeal:

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009 (1) as regards establishment of the similarity of the trade marks and of the likelihood of confusion on the part of consumers, and infringement of Article 8(5) of that regulation

Pleas in law:

1

---

(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).

1

---
Exhibit 32.2


                           INTRAOP MEDICAL CORPORATION

                            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 Quarterly Report of Intraop Medical Corporation (the
"Company") on Form 10-QSB for the period ending June 30, 2006, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Howard
Solovei, Chief Financial 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:

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

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


                                               /s/   Howard Solovei
                                            ------------------------------------
                                                 Howard Solovei
                                                 Chief Financial Officer

                                                 Date:  August 4, 2006

A signed original of this written statement required by Section 906 has been
provided to Intraop Medical Corporation and will be retained by Intraop Medical
Corporation and furnished to the Securities and Exchange Commission or its staff
upon request.
#### Bertha A. SCHWIER and The State of Florida, Department of Revenue, Petitioners, v. Stanley A. BERNSTEIN, Respondent.

No. 99-1136.

District Court of Appeal of Florida, Fourth District.

May 26, 1999.

Sharon C. Greenberg and Diane H. Tutt of Diane H. Tutt, P.A., Plantation, for petitioners.

*532No response required for appellee.

PER CURIAM.

The Department of Revenue (DOR) and Bertha A. Schwier brought a child support proceeding under the Uniform Interstate Family Support Act. Ms. Schwier, the child’s mother, resides in Virginia. DOR and Ms. Schwier moved to allow her to appear by telephone conference call. The trial court denied the motion, and they now seek certiorari review. Respondent, the child’s father, objected to the motion. Section 88.3161(5), Florida Statutes (1997), authorizes the court to permit a party or witness residing in another state to testify by telephone; it does not require it to do so. *See also*Fla. Jud. Admin. R. 2.071(d). Because the petitioners have not shown that the trial court departed from the essential requirements of law in denying their motion, we deny the petition.

POLEN, FARMER and GROSS, JJ., concur.
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 Quarterly Report of Gavella Corp. (the "Company") on Form
10-QSB for the quarter ended June 30, 2004 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Harry J. Santoro,
President, Chief Executive Officer and Chief Financial 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:

        (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/ Harry J. Santoro
                              -------------------
                              Harry J. Santoro
                              President, Chief Executive Officer
                              and Chief Financial Officer


August 4, 2004
Before the Second Division,

February 16, 1940

No. 43238.

#### Protests 877589-G, etc., of H. Bendel & Co. et al. (New York).

Opinion by

Tilson, J.

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

112TH CONGRESS 

1ST SESSION S. 1988 

To amend the Federal Power Act to require the Federal Energy Regulatory 

Commission to consider private landownership and private use of land 

in issuing hydropower licenses, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 14, 2011 

Mr. BLUNT (for himself, Mrs. MCCASKILL, Mr. INHOFE, Mr. COBURN, and 

Mr. ENZI) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To amend the Federal Power Act to require the Federal 

Energy Regulatory Commission to consider private landownership and private use of land in issuing hydropower 

licenses, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Supporting Home 

5 Owner Rights Enforcement Act’’. 

6 SEC. 2. HYDROPOWER LICENSES. 

7 (a) Section 4(e) of the Federal Power Act (16 U.S.C. 

8 797(e)) is amended— 


tjames on DSK6SPTVN1PROD with BILLS
2 

•S 1988 IS

1 (1) by designated the first, second, and third 

2 sentences as paragraphs (1) through (3) respec3 tively; and 

4 (2) in paragraph (3) (as so designated), by in5 serting ‘‘private landownership by any nonlicensee 

6 and private use of land,’’ before ‘‘recreational oppor7 tunities’’. 

8 (b) Section 10 of the Federal Power Act (16 U.S.C. 

9 803) is amended— 

10 (1) in subsection (a)(1), by inserting ‘‘private 

11 landownership by any nonlicensee and private use of 

12 land,’’ after ‘‘water supply’’; and 

13 (2) by adding at the end the following: 

14 ‘‘(k) PRIVATE LANDOWNERSHIP.— 

15 ‘‘(1) IN GENERAL.—In developing any rec16 reational resource within the project boundary, the 

17 licensee shall consider private landownership by any 

18 nonlicensee as a means to encourage and facilitate— 

19 ‘‘(A) private investment; and 

20 ‘‘(B) increased tourism and recreational 

21 use. 

22 ‘‘(2) LICENSES.— 

23 ‘‘(A) FUTURE LICENSES.—The Commis24 sion shall include the text contained in paraVerDate Mar 15 2010 00:33 Dec 22, 2011 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1988.IS S1988

tjames on DSK6SPTVN1PROD with BILLS
3 

•S 1988 IS

1 graph (1) in any license issued after the date 

2 of enactment of this subsection. 

3 ‘‘(B) EXISTING LICENSES.—Any licensee 

4 may include the text contained in paragraph (1) 

5 in any license in effect as of the date of enact6 ment of this subsection.’’ 

Æ 


tjames on DSK6SPTVN1PROD with BILLS
[Federal Register Volume 73, Number 89 (Wednesday, May 7, 2008)]
[Notices]
[Pages 25774-25775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-10028]


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

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-63,222]


Brockway Mould, Inc., Brockport, PA; Notice of Termination of 
Investigation

    In accordance with Section 221 of the Trade Act of 1974, as 
amended, an investigation was initiated on April 21, 2008 in response 
to a worker petition filed by a company official on behalf of workers 
of Brockway Mould, Inc., Brockport, Pennsylvania.

[[Page 25775]]

    The petitioner has requested that the petition be withdrawn. 
Consequently, the investigation has been terminated.

    Signed in Washington, DC, this 29th day of April, 2008.
Richard Church,
Certifying Officer, Division of Trade Adjustment Assistance.
 [FR Doc. E8-10028 Filed 5-6-08; 8:45 am]
BILLING CODE 4510-FN-P
No. 96-354.

No. 96-5627.

#### In re Bardsley; and In re Hoyett.

Petitions for writs of mandamus denied.
No. 54374.

#### A. Schulman, Inc. *v.*United States,

protest 134177-K (Cleveland).

Opinion by

Cole, J.

In accordance with stipulation of counsel that the merchandise consists of a synthetic resin in chief value of vinyl chloride similar in all material respects to the substance passed upon in Abstract 53993, the claim of the plaintiff was sustained.
Exhibit 31.2  PRINCIPAL FINANCIAL OFFICER CERTIFICATION  I, Brett D. Mayer, certify that:  1. I have reviewed this quarterly report on Form 10-QSB of Bingham Canyon Corporation;  2. Based on my knowledge, this quarterly report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statement made, in light of the circumstances under which statements were made, not misleading with respect to the period covered by this quarterly report;  3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the small business issuer as of, and for, the periods presented in this report.  4. The small business issuer’s other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the small business issuer and have:  (a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the small business issuer, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;  (b) Evaluated the effectiveness of the small business issuer’s disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and  (c) Disclosed in this report any change in the small business issuer’s internal control over financial reporting that occurred during the small business issuer’s most recent fiscal quarter (the small business issuer’s fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the small business issuers’s internal control over financial reporting; and  5. The small business issuer’s other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the small business issuer’s auditors and the audit committee of small business issuer’s board of directors (or persons performing the equivalent function):  (a) All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the small business issuer’s ability to record, process, summarize and report financial information; and  (b) Any fraud, whether or not material, that involves management or other employees who have a significant role in the small business issuer’s internal control over financial reporting.  Date:  November 7, 2007By: /s/ Brett D. Mayer
Brett D. Mayer
Principal Financial Officer
Exhibit 32.1





CERTIFICATION
PURSUANT TO


18 U.S.C.
SECTION 1350,


AS
ADOPTED PURSUANT TO


SECTION
906 OF THE SARABANES-OXLEY ACT OF 2002





In
connection with the Quarterly report of Priviam, Inc. (the “Company”) on Form
10-Q for the period ended March 31, 2009 as filed with the Securities and
Exchange Commission on the date hereof (the “Report”), I, Louis Jack Musetti,
Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. 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 and 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/
      Louis
      Jack MusettiLouis
      Jack MusettiPresident
      and Chief Executive OfficerMay
      29, 2009
Exhibit 32.1   Bingham Canyon Corporation  CERTIFICATION OF PERIODIC REPORT Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 18 U.S.C. Section 1350  The undersigned executive officer of Bingham Canyon Corporation certifies pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 that:  a. the quarterly report on Form 10-Q of Bingham Canyon Corporation for the quarter ended March 31, 2009 fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and  b. the information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of Bingham Canyon Corporation.   Date: May 11, 2009/s/ Brett D. Mayer
Brett D. Mayer
Principal Executive Officer
Principal Financial Officer
(Reap. Dec. 9121)

#### Samuel Shapiro & Co., Inc., a/c Brush Aboe, Inc. *v.*United States

Entry No. 4458, etc.

(Decided April 9, 1958)

*John D. Rode*for the plaintiff.

*George Cochran Doub,*Assistant Attorney General, for the defendant.

Oliver, Chief Judge:

The appeals for reappraisement enumerated in schedule “A,” hereto attached and made a part hereof, relate to certain machinery exported from England and entered at the port of Baltimore, Md.

*785Stipulated facts upon which these cases are before me establish that the proper basis for appraisement of the merchandise in question is cost of production, as defined in section 402 (f) of the Tariff Act of 1930, and that such statutory value thereof is “the invoiced F. O. B. seaport price plus 5 per cent,” and I so hold.

Judgment will be rendered accordingly.
# C_2014175EN.01003801.xml

| 10.6.2014 | EN | Official Journal of the European Union | C 175/38 |
| --- | --- | --- | --- |

10.6.2014

EN

Official Journal of the European Union

C 175/38

---

Judgment of the General Court of 9 April 2014 — Elite Licensing v OHIM — Aguas De Mondariz Fuente del Val (elite BY MONDARIZ)

(Case T-386/12) (1)

1

((Community trade mark - Opposition proceedings - Application for a Community figurative mark elite BY MONDARIZ - Earlier Community and international figurative marks ELITE - Language of appeal proceedings - Time-limits - Admissibility of an appeal to the Board of Appeal - Rule 48(2), Rule 49(1) and Rule 96(1) of Regulation (EC) No 2868/95 - No likelihood of confusion - No similarity between the signs - Article 8(1)(b) of Regulation (EC) No 207/2009 - Damage to reputation - Article 8(5) of Regulation No 207/2009))

2014/C 175/50

Language of the case: Spanish

Parties

Parties

Applicant: Elite Licensing Company SA (Fribourg, Switzerland) (represented by: J. Albrecht, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, acting as Agent)

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Aguas De Mondariz Fuente del Val, SL (Mondariz, Spain) (represented by: T. Andrade Boué, lawyer)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court:

Re:

Re:

Action brought against the decision of the Fifth Board of Appeal of OHIM of 6 June 2012 (Case R 9/2011-5), relating to invalidity proceedings between Elite Licensing Company SA and Aguas de Mondariz Fuente del Val, SL.

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Annuls the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 6 June 2012 (Case R 9/2011-5), relating to invalidity proceedings between Elite Licensing Company SA and Aguas de Mondariz Fuente del Val, SL; |
| --- | --- |

1.

Annuls the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 6 June 2012 (Case R 9/2011-5), relating to invalidity proceedings between Elite Licensing Company SA and Aguas de Mondariz Fuente del Val, SL;

| 2. | Orders OHIM to pay, in addition to its own costs, the costs incurred by Elite Licensing Company; |
| --- | --- |

2.

Orders OHIM to pay, in addition to its own costs, the costs incurred by Elite Licensing Company;

| 3. | Orders Aguas de Mondariz Fuente del Val to pay its own costs. |
| --- | --- |

3.

Orders Aguas de Mondariz Fuente del Val to pay its own costs.

---

(1)  OJ C 355, 17.11.2012.

1

---
EXHIBIT 21.1

SUBSIDIARIES OF THE REGISTRANT



|                                     |  |                                                             
|------------------------------------ |  | ------------------------------------------------------------
|NAME                                 |  | STATE OR OTHER JURISDICTION OF INCORPORATION OR ORGANIZATION
|1.      ClassroomDirect.com, LLC     |  | Delaware                                                    
|                                     | 
|2.      Childcraft Education Corp.   |  | New York                                                    
|                                     | 
|3.      Bird-in-Hand Woodworks, Inc. |  | New Jersey                                                  
|                                     | 
|4.      Frey Scientific, Inc.        |  | Delaware                                                    
|                                     | 
|5.      Sportime, LLC                |  | Delaware                                                    
|                                     | 
|6.      Sax Arts & Crafts, Inc.      |  | Delaware                                                    
|                                     | 
|7.      Global Video, LLC            |  | Wisconsin                                                   
|                                     | 
|8.      New School, Inc.             |  | Delaware                                                    
|                                     | 
|9.      Premier Agendas, Inc.        |  | Washington                                                  
|                                     | 
|10.    Premier School Agendas, Ltd.  |  | Canada                                                      
|                                     | 
|11.    Amalgamated Widgets, Inc.     |  | Wisconsin                                                   
|                                     | 
|12.    Select Agendas, Corp.         |  | Canada                                                      
|                                     | 
|13.    Califone International, Inc.  |  | Delaware                                                    
|                                     | 
|14.    Delta Education, LLC          |  | Delaware
EXHIBIT 32

I, Peter T. Kissinger, the Chairman of the Board; President; and Chief Executive
Officer of Bioanalytical Systems, Inc., certify that (i) the Annual Report on
Form 10-K for the year ended September 30, 2005, (the "Report") fully complies
with the requirements of Section 13(a) or 15(d) 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
Bioanalytical Systems, Inc. as of the dates and for the periods set forth
therein.

| | /s/  Peter T. Kissinger
Peter T. Kissinger
Chairman of the Board
President and Chief Executive Officer
January 12, 2006
| | -----------------------------------------------------------------------------------------------------------------------

I, Michael R. Cox, Vice President, Finance, Chief Financial Officer and
Treasurer of Bioanalytical Systems, Inc., certify that (i) the Annual Report on
Form 10-K for the year ended September 30, 2005, (the "Report") fully complies
with the requirements of Section 13(a) or 15(d) 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
Bioanalytical Systems, Inc. as of the dates and for the periods set forth
therein.

| | /s/  Michael R. Cox
Michael R. Cox
Vice President, Finance, Chief Financial
Officer and Treasurer
January 12, 2006
| | ------------------------------------------------------------------------------------------------------------------