alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2022472EN.01001201.xml

| 12.12.2022 | EN | Official Journal of the European Union | C 472/12 |
| --- | --- | --- | --- |

12.12.2022

EN

Official Journal of the European Union

C 472/12

---

Judgment of the Court (Fifth Chamber) of 27 October 2022 (request for a preliminary ruling from the Korkein oikeus — Finland) — Soda-Club (CO2) SA, SodaStream International BV v MySoda Oy

(Case C-197/21) (1)

(Reference for a preliminary ruling - Trade-mark law - Regulation (EU) 2017/1001 - Article 15(2) - Directive (EU) 2015/2436 - Article 15(2) - Exhaustion of the rights conferred by the trade mark - Cylinders containing carbon dioxide - Placing on the market in a Member State by the trade mark proprietor - Activity of a reseller consisting in refilling and relabelling cylinders - Opposition brought by the trade mark proprietor - Legitimate reasons to oppose further commercialisation of the goods bearing the trade mark)

(2022/C 472/14)

Language of the case: Finnish

Referring court

Korkein oikeus

Parties to the main proceedings

Applicants: Soda-Club (CO2) SA, SodaStream International BV

Defendant: MySoda Oy

Operative part of the judgment

Article 15(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark and Article 15(2) of Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trade marks

must be interpreted as meaning that the proprietor of a trade mark who has put on the market, in a Member State, goods bearing that mark and intended to be re-used and refilled many times, is not entitled, under those provisions, to oppose further commercialisation of those goods, in that Member State, by a reseller who has refilled them and has replaced the label, on which the original mark appeared, by another labelling, while leaving the original mark on those goods, unless that new labelling creates a false impression in the minds of consumers that there is an economic connection between the reseller and the trade mark proprietor. That likelihood of confusion must be assessed globally in the light of the information appearing on the product and its new labelling and having regard to the distribution practices of the sector concerned and the level of knowledge that consumers have of those practices.

---

(1)  OJ C 242, 21.6.2021.

---
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</TABLE>
##### 



Chairman and CEO
 Novell




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##### 



Chairman and CEO




---



##### 



Chairman and CEO




---



##### 



Chairman and CEO
 ACCEPTANCE AND ACKNOWLEDGMENT
  .
  Novell Property :
 Disclosure and Assignment of Inventions:




---



##### 



Chairman and CEO
  Prior Inventions:
 No Conflicting Obligations:
 Employee At-Will:
 Continuation of Offer Letter Following Termination:
 Interpretation:
 Enforcement:




---



##### 



Chairman and CEO
  Definitions :
 (a) Novell Property
 (b) Inventions
 /s/ Ronald W. HovsepianSignatureRonald W. HovsepianPrinted NameMay 27, 2003Date




---



##### 



Chairman and CEO
 Exhibit A
 Severance Agreement




---



##### 



Chairman and CEO
 Exhibit B
 Prior Inventions
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<NAME> WILLIAMS HOLDINGS OF DELAWARE, INC.
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<EXTRAORDINARY>                                    (5)
<CHANGES>                                            0
<NET-INCOME>                                        29
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</TABLE>
EX-10.12





 Exhibit 10.12 

 
 



 
 January 1, 2020 

Dr. Chirinjeev Kathuria 
  

	Re:	 Amended and Restated Offer of Employment 



Dear Dr. Kathuria: 
 It is my pleasure to invite you to join
the team at UpHealth Services, Inc. (the “Company”). Subject to your acceptance of this offer by execution of this letter agreement, this offer will replace your Offer of Employment letter dated November 5, 2019 and the following key
terms will apply to your employment with the Company. 
 Your Position: You will be the Executive Chairman, with the customary duties of this
position. You will be reporting to the Board of Directors. 
 Your Start Date: Your first day of employment with the Company will be January 1st, 2020 and your employment shall continue until the formation of a holding company (“Holdings”), at which time the Company intends to become a wholly-owned subsidiary of Holdings and your
employment will continue upon the same terms with Holdings. 
 Your Salary: Your annualized salary will be $200,000.00 (“Base Salary”). You
will be eligible for periodic salary increases, but not decreases, as determined in the sole discretion of the Company’s Board of Directors. Your Base Salary will be reviewed annually. Your Base Salary will accrue until the completion of a
transaction that results in the Company, one of its affiliates or a successor entity becoming publicly traded or a subsidiary of a publicly traded company. 

Benefits: You will (i) be entitled to participate in all employee benefit plans which any senior executive officer of the Company is entitled to
participate in on the same terms as all other senior executive officers; (ii) receive and participate in all profit sharing, equity incentive plans, performance bonus plans, incentive compensation, 401(k) plans and pension benefits and
executive retirement and supplemental benefits which are available to any other senior executive officer of the Company on the same terms as all other senior executive officers; and (iii) receive health insurance programs, executive medical and
dental benefits, life insurance, disability plans, accidental death and dismemberment benefits plus such other benefits which are available to the senior executives of the Company on the same terms as all other senior executive officers. 

Insurance; Indemnification: While employed by the Company and thereafter while you could have any liability, you will be named as an insured party in
any liability insurance policy (including any director and officer liability policy and errors and omissions policy) maintained by the Company for its directors and/or senior executive officers. 












 We look forward to working with you in supporting the success and growth of our company. 

Sincerely, 
  

			
	Title:	 	Founder and Vice Chairman
		
	Name:	 	Mariya Pylypiv
		
	Signed:	 	 /s/ Mariya Pylypiv


 Accepted and Agreed to on January 1, 2020. 

 

			
	By:	 	 /s/ Chirinjeev Kathuria



  
  Page
 2
 of 2
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 Particle Drilling Technologies, Inc.
(the “Company”) on Form 10-K for the period ending September 30, 2008
as filed with the Securities and Exchange Commission on the date hereof (the
“Report”), I, J. Chris Boswell, 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.




/s/
      J. Chris BoswellJ.
      Chris BoswellChief
      Financial Officer




Date:
December 15, 2008


A signed
original of this written statement required by Section 906 has been
provided to Particle Drilling Technologies, Inc. and will be retained by
Particle Drilling Technologies, Inc. and furnished to the Securities and
Exchange Commission or its staff upon request.
Exhibit 99.1

                     GE GLOBAL INSURANCE HOLDING CORPORATION
                          AND CONSOLIDATED SUBSIDIARIES


                            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  GE  Global  Insurance  Holding
Corporation (the "Company") on Form 10-Q for the period ending March 31, 2003 as
filed with the  Securities  and  Exchange  Commission  on the date  hereof  (the
"Report"),  I,  Ronald R.  Pressman,  Chief  Executive  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 to my knowledge:

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

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

Date:  May 2, 2003



/s/ Ronald R. Pressman
------------------------
Ronald R. Pressman
Chief Executive Officer


A signed  original of this  written  statement  required by Section 906 has been
provided to GE Global Insurance  Holding  Corporation and will be retained by GE
Global  Insurance  Holding  Corporation  and  furnished  to the  Securities  and
Exchange Commission or its staff upon request.


                                       14
EXHIBIT 23.1


                       CONSENT OF INDEPENDENT ACCOUNTANTS
                                    ---------


We  hereby  consent  to the  incorporation  by  reference  in this  Registration
Statement on Forms S-3 (File Nos.  333-09507 and  333-85693) and Forms S-8 (File
Nos.  33-61837,  333-14681  and  333-76809)  of our  report  dated June 8, 2000,
relating to the consolidated financial statements which appears in ION Networks,
Inc. and Subsidiaries' Annual Report on Form 10-KSB for the year ended March 31,
2000.





/s/PricewaterhouseCoopers LLP
PricewaterhouseCoopers LLP
New York, New York
June 28, 2000
United States Court of Appeals

For the Eighth Circuit

___________________________

No. 12-2196

___________________________

Stephan A. Fleming

lllllllllllllllllllll Plaintiff - Appellant

v.

Michael J. Astrue, Commissioner of the Social Security Administration

lllllllllllllllllllll Defendant - Appellee

____________

 Appeal from United States District Court 

for the District of Nebraska - Lincoln

____________

 Submitted: January 4, 2013

Filed: January 11, 2013

____________

Before BYE, GRUENDER, and BENTON, Circuit Judges.

____________

PER CURIAM.

Stephan A. Fleming appeals the district court’s order dismissing his appealfor

1

lack of jurisdiction. Upon de novo review, see Clarinda Home Health v. Shalala, 100

F.3d 526, 528 (8th Cir. 1996), we agree with the district court that there was no

The Honorable John M. Gerrard, United States District Judge for the District 1

of Nebraska.
constructive or de facto reopening of Fleming’s earlier application, and thus that

subject matter jurisdiction waslacking, see King v. Chater, 90 F.3d 323, 325 (8th Cir.

1996). The district court is affirmed.

______________________________

-2-
#### STATE of Florida, Appellant, v. Phillip D. CAZIER, Appellee.

No. 72-201.

District Court of Appeal of Florida, Second District.

April 4, 1972.

Appeal dismissed.
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</TABLE>
COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: In re Joyce Columbus

Appellate case number: 01-21-00272-CV

Trial court case number: 035118

Trial court: 12th District Court of Grimes County

This original proceeding was abated to permit the successor judge to reconsider the order 

relator is challenging. A supplemental clerk’s record was filed containing the successor judge’s 

ruling.

Accordingly, the abatement is lifted and the case is reinstated on the active docket.

It is so ORDERED.

Judge’s signature: ____/s/ Peter Kelly_________

 Acting individually  Acting for the Court

Date: __October 27, 2022____
<PAGE>   1

                                                                   EXHIBIT 10.42


April 8, 1998


Dolf  Berle
14589 Aspen Court
Addison  TX 75244

Dear Dolf,

On behalf of Diedrich Coffee (Company), it is with great pleasure that we offer
you the position of Vice President of Franchise Development. In your role, you
will guide Diedrich Coffee's growth in franchise area development.

Your cash compensation in this position will consist of $155,000 per annum,
earned and paid ratably on a bi-weekly basis, and an annual incentive of up to
25% versus your base salary, based on the Company's performance and your
performance versus specific objectives set for your areas of responsibility.

In addition to your cash compensation, as defined above, you will be eligible
for stock options under the Company's 1996 Stock Incentive Plan. Your initial
grant for 50,000 stock options will vest 50% annually for two years. During the
subsequent five years, you will be granted an additional 10,000 stock options
annually. Your option price for the initial grant of 50,000 shares is set at
$6.25, the common stock price at close of business on March 23, 1998. The
subsequent annual grants will be priced at the common stock price on the date of
issue.

As part of your employment, the Company will provide for accelerated vesting of
your stock options in the event of a change of control.

Your medical and dental plan (HMO) is a company sponsored plan for you, the
employee, and will be effective on the first day of the month after your start
date. Your vacation allowance will be earned at three weeks annually.

If Diedrich Coffee terminates your employment for any reason other than fraud or
other illegal acts, you will be eligible for a severance privilege equivalent to
six months of you annual salary. This sum will be paid in six equal
installments.

Dolf, I am very excited at the opportunity to work with you. I am confident that
you will make a difference at Diedrich Coffee.

Sincerely,

/s/ Timothy Ryan
----------------------------------
Timothy Ryan
President
Chief Executive Officer
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 05-2200 

IN RE: JAMES E. REID,

Debtor,

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

JAMES E. REID,

Debtor - Appellant,

versus

KNARF INVESTMENTS,

Defendant - Appellee,

and

ELLEN W. COSBY,

Trustee.

Appeal from the United States District Court for the District of

Maryland, at Baltimore. Benson Everett Legg, Chief District Judge.

(CA-04-2899-BEL; BK-01-50422-SD)

Submitted: April 27, 2006 Decided: May 1, 2006

Before NIEMEYER and MOTZ, Circuit Judges, and HAMILTON, Senior

Circuit Judge.
- 2 -

Affirmed by unpublished per curiam opinion.

James E. Reid, Appellant Pro Se. Richard L. Costella, MILES &

STOCKBRIDGE, P.C., Baltimore, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
- 3 -

PER CURIAM:

James E. Reid appeals from the district court’s order

affirming the bankruptcy court’s orders dismissing his Chapter 13

bankruptcy petition and entering a consent order lifting the

automatic stay. Our review of the record and the opinions below

discloses no reversible error. Accordingly, we affirm for the

reasons stated by the district court. See Reid v. Knarf

Investments, Nos. CA-04-2899-BEL; BK-01-50422-SD (D. Md. filed

Sept. 28, 2005 & entered Sept. 29, 2005). We deny Reid’s motions

for stay pending appeal and to vacate the district court’s order

and dispense with oral argument because the facts and legal

contentions are adequately presented in the materials before the

court and argument would not aid the decisional process.

AFFIRMED
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</TABLE>
-82 -80 -78 -76 -74 -72

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### NOAA HYSPLIT MODEL 

## Backward trajectory ending at 2300 UTC 30 May 07

EDAS Meteorological DataSource★at 39.06 N 76.88 WMeters AGL