alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2019263EN.01004501.xml

| 5.8.2019 | EN | Official Journal of the European Union | C 263/45 |
| --- | --- | --- | --- |

5.8.2019

EN

Official Journal of the European Union

C 263/45

---

Judgment of the General Court of 12 June 2019 — Advance Magazine Publishers v EUIPO — Enovation Brands (VOGUE)

(Case T-346/18) (1)

(EU trade mark - Opposition proceedings - Application for EU word mark VOGUE - Earlier EU word mark VOGA - Suspension of the administrative procedure - Rule 20(7)(c) of Regulation (EC) No 2868/95 (now Article 71(1) of Delegated Regulation (EU) 2018/625) - Rule 50(1) of Regulation No 2868/95)

(2019/C 263/51)

Language of the case: English

Parties

Applicant: Advance Magazine Publishers, Inc. (New York, New York, United States) (represented by: T. Alkin, Barrister, and N. Hine, Solicitor)

Defendant: European Union Intellectual Property Office (represented by: D. Gája and H. O’Neill, Agents)

Other party to the proceedings before the Board of Appeal of EUIPO: Enovation Brands, Inc. (Aventura, Florida, United States) (represented by: R. Almaraz Palmero, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 27 March 2018 (Case R 259/2017-4) concerning opposition proceedings between Enovation Brands and Advance Magazine Publishers.

Operative part of the judgment

The Court:

| 1. | Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 27 March 2018 (Case R 259/2017-4). |
| --- | --- |

1.

Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 27 March 2018 (Case R 259/2017-4).

| 2. | Orders EUIPO to bear its own costs and to pay the costs incurred by Advance Magazine Publishers, Inc. |
| --- | --- |

2.

Orders EUIPO to bear its own costs and to pay the costs incurred by Advance Magazine Publishers, Inc.

| 3. | Orders Enovation Brands, Inc. to bear its own costs. |
| --- | --- |

3.

Orders Enovation Brands, Inc. to bear its own costs.

---

(1)  OJ C 268, 30.7.2018.

---
EXHIBIT 11
<TABLE>
         PENRIL DATACOMM NETWORKS, INC AND SUBSIDIARIES
               COMPUTATION OF PER SHARE EARNINGS
            (In thousands except per share amounts)
                                
<CAPTION>
                                              1996                1995           1994            
                                           --------            --------      --------
<S>                                       <C>                  <C>             <C>
Income (Loss) from Continuing 
    Operations, as reported              $ (20,668)           $ (4,614)       $ 2,345
Imputed Earnings                                --                  --             --
                                          --------            --------       --------
Adjusted Income from Continuing
    Operations                             (20,668)             (4,614)         2,345

Loss from Discontinued Operations             (236)             (3,061)          (828)
                                          --------            --------       --------
Adjusted Net income                      $ (20,904)           $ (7,675)       $ 1,517
                                          ========            ========       ========

Shares used in this Computation:
 Weighted Average Common Shares              9,650               7,559          7,443
 Shares applicable to Common Stock
    Equivalents                                 --                  --            366
                                          --------            --------       --------
                                             9,650               7,559          7,809
                                          ========            ========       ========

Earnings (Loss)Per Share:
 Continuing Operations                    $  (2.14)           $  (0.61)      $   0.30
 Discontinued Operations                     (0.03)              (0.41)         (0.11)
                                          --------            --------       --------
                                          $  (2.17)           $  (1.02)      $   0.19
                                          ========            ========       ========

</TABLE>
Exhibit 12.1
 COLONIAL REALTY LIMITED PARTNERSHIP
 Ratio of Earnings to Fixed Charges
 For the three-month period
    
    
    For the six-month periodended June 30,
    
    
    ended June 30,(all dollar amounts in thousands)
    
    2008
    
    
    2007
    
    
    2008
    
    
    2007Earnings:Pre-tax income (loss) before adjustment for minority
interest in consolidated subsidiaries or income or
loss from equity investees, extraordinary gain or loss,
or gains on sale of properties
    
    $
    316
    
    
    $
    (14,672
    )
    
    $
    1,823
    
    
    $
    (18,808
    )Amortization of interest capitalized
    
    
    900
    
    
    
    600
    
    
    
    1,800
    
    
    
    1,200Interest capitalized
    
    
    (7,011
    )
    
    
    (7,347
    )
    
    
    (13,348
    )
    
    
    (13,592
    )Distributed income of equity investees
    
    
    3,817
    
    
    
    2,918
    
    
    
    7,034
    
    
    
    5,253Fixed charges
    
    
    25,291
    
    
    
    36,730
    
    
    
    50,295
    
    
    
    72,236Total Earnings
    
    $
    23,313
    
    
    $
    18,229
    
    
    $
    47,604
    
    
    $
    46,289Fixed
Charges:Interest expense
    
    $
    17,013
    
    
    $
    26,573
    
    
    $
    34,492
    
    
    $
    54,483Capitalized interest
    
    
    7,011
    
    
    
    7,647
    
    
    
    13,348
    
    
    
    13,592Debt costs amortization
    
    
    1,267
    
    
    
    2,510
    
    
    
    2,455
    
    
    
    4,161Total Fixed Charges
    
    $
    25,291
    
    
    $
    36,730
    
    
    $
    50,295
    
    
    $
    72,236Ratio of Earnings to Fixed Charges
    
    
    (a
    )
    
    
    (a
    )
    
    
    (a
    )
    
    
    (a
    )
 
 a)
    
    For the three and six months ended June 30, 2008, the aggregate amount of fixed charges
exceeded our earnings by approximately $2.0 million and $2.7 million, respectively, which is
the amount of additional earnings that would have been required to achieve a ratio of
earnings to fixed charges of 1.0x for such period. For the three and six months ended June
30, 2007, the aggregate amount of fixed charges exceeded our earnings by approximately $18.5
million and $25.9 million, respectively, which is the amount of additional earnings that
would have been required to achieve a ratio of earnings to fixed charges of 1.0x for such
period. The deficiency of the ratio of earnings to fixed charges for all periods presented
is primarily due to the classification of operations for assets held for sale and sold as
discontinued operations.  47
CBIC ContrRf Number 

356596 

l3 " BASF 

The Chemical Company 

RECEIVED 

OPPT CQIC 

2013 OCT 22 AN 11 : 07 

FedEx/Email 

October 21, 2013 

Document Control Office (7407) 

Office of Pollution Prevention and Toxics (MC 7405M) 

USEPA Headquarters, Ariel Rios Building 

1200 Pennsylvania Avenue, N . W. 

Washington, DC 20460 

ATTN : TSCA Section 4 

RE : 40 CFR 799 .5089 - Letter of Intent to Conduct Testing 

Docket I D Number - EPA - HQ - OP PT - 2009-0112 

BASF Corporation -CASRN 70693-50-4 

Dear Sir/Madame: 

This serves as a Letter of Intent to Conduct Testing, in compliance with 40CFR 

790.5 and CFR 790.45 . 

- Scanned & Processed in 

CIS by: SHARON 

Test Rule Identification : 40 CFR § 799 .5089 Chemical testing requirements for third group of high 

production volume chemicals (HPV3) 

Firm sponsoring test: BASF Corporation 

100 Park Avenue 

Florham Park, NJ 07932 

Contact Person : Diane Pietrzyk 

Sr. Product Regulation Specialist 

Product Regulation Center of Expertise 

26701 Telegraph Road 

Southfield, Michigan 48034 

Phone: 248-948-2154 

Email: diane._p ietrzvkna-basf.com 

Substance for Testing : Phenol, 2,4-bis(1-methyl-1-phenylehtyl-6-[2-(2-nitrophenyl)diazenyl]-

CASRN - 70693-50-4 

Testing Categories: Physical/chemical properties, A1 -A5 

1 

BASF Corporation 

100 Park Avenue 

Florham Park N.J. 07932 

www.basf.comlusa 
0 " BASF 

The Chemical Company 

Environmental Fate and Pathways, B 

(Specific method yet to be determined) 

Aquatic Toxicity - C1 

(Specific test group yet to be determined) 

Mammalian Toxicity - Acute - D 

Mammalian Toxicity - Genotoxicity - E1 and E2 

Mammalian Toxicity - Repeated - F1 

BASF intends to fill the data gaps requested and participate in performing 

the required testing . Please note that the test substance is manufactured 

in the US on a campaign basis and the next campaign is not scheduled 

until 102014. There is no retain test substance remaining from the prior 

campaign, or otherwise available, with which the testing could be 

conducted . To the extent more testing is required to fill data gaps, it would 

need to be scheduled in conjunction with the next production campaign . 

Should you have any questions or concerns, please contact the person noted above. 

Sincerely, 

BASF Corporation 

Diane Pietrzyk 

Sr. Product Regulation Specialist 

Cc: Mr. John Schaeffer, US EPA (Email) 

BASF Corporation 

100 Park Avenue 

Florham Park N.J . 07932 

www.basf.com/usa 

I
```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2987 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 2987

 To amend the Financial Stability Act of 2010 to clarify the treatment 
  of certain debt and equity instruments of smaller institutions for 
       purposes of capital requirements, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              July 8, 2015

 Mr. Meeks (for himself, Mr. King of New York, Mrs. Carolyn B. Maloney 
of New York, and Mr. Luetkemeyer) introduced the following bill; which 
          was referred to the Committee on Financial Services

_______________________________________________________________________

                                 A BILL

 
 To amend the Financial Stability Act of 2010 to clarify the treatment 
  of certain debt and equity instruments of smaller institutions for 
       purposes of capital requirements, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Community Bank Capital Clarification 
Act''.

SEC. 2. CLARIFICATION FOR INSTRUMENTS OF OTHER DEPOSITORY INSTITUTION 
              HOLDING COMPANIES.

    Section 171(b)(4)(C) of the Financial Stability Act of 2010 (12 
U.S.C. 5371(b)(4)(C)) is amended by adding at the end the following: 
``A depository institution holding company with total consolidated 
assets of less than $15,000,000,000 at the end of a quarterly financial 
reporting period after December 31, 2009, shall be treated as if the 
company had total consolidated assets of less than $15,000,000,000 as 
of December 31, 2009, for so long as such company has total 
consolidated assets of less than $15,000,000,000.''.
                                 <all>
```
<TABLE> <S> <C>


<ARTICLE>                     5
<CIK>                         0000076958
<NAME>                        PEERLESS TUBE COMPANY
<MULTIPLIER>                                      1
<CURRENCY>                             U.S. DOLLARS

<S>                             <C>
<PERIOD-TYPE>                                 12-MOS
<FISCAL-YEAR-END>                        DEC-31-1999
<PERIOD-START>                            JAN-1-1999
<PERIOD-END>                             DEC-31-1999
<EXCHANGE-RATE>                                    1
<CASH>                                        50,000
<SECURITIES>                                       0
<RECEIVABLES>                              1,473,000
<ALLOWANCES>                               (100,000)
<INVENTORY>                                  919,000
<CURRENT-ASSETS>                           2,405,000
<PP&E>                                    19,700,000
<DEPRECIATION>                          (18,282,000)
<TOTAL-ASSETS>                             3,988,000
<CURRENT-LIABILITIES>                      2,826,000
<BONDS>                                            0
<PREFERRED-MANDATORY>                              0
<PREFERRED>                                        0
<COMMON>                                   3,382,000
<OTHER-SE>                               (4,208,000)
<TOTAL-LIABILITY-AND-EQUITY>               3,988,000
<SALES>                                   14,381,000
<TOTAL-REVENUES>                          14,717,000
<CGS>                                     13,139,000
<TOTAL-COSTS>                              1,518,000
<OTHER-EXPENSES>                                   0
<LOSS-PROVISION>                                   0
<INTEREST-EXPENSE>                           335,000
<INCOME-PRETAX>                             (275,000)
<INCOME-TAX>                                       0
<INCOME-CONTINUING>                                0
<DISCONTINUED>                                     0
<EXTRAORDINARY>                                    0
<CHANGES>                                          0
<NET-INCOME>                                (275,000)
<EPS-BASIC>                                    (0.11)
<EPS-DILUTED>                                  (0.11)


</TABLE>
NO. 12-09-00372-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

ROBERT L. CLARK, ' APPEAL FROM THE 349TH

APPELLANT

V. ' JUDICIAL DISTRICT COURT OF

DANIEL D. COMBS, BETO I UNIT,

AND JOHN DOE 1, 2 & 3, ET AL., ' ANDERSON COUNTY, TEXAS

APPELLEES

MEMORANDUM OPINION

PER CURIAM

This pro se in forma pauperis appeal is being dismissed for failure to comply with 

the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 42.3(c). The judgment in 

this case was signed on October 13, 2009. Appellant, Robert L. Clark, timely filed a 

notice of appeal that failed to contain the information required by Texas Rules of 

Appellate Procedure 9.5 and 25.1(e), i.e., a certificate of service showing service on all 

parties to the trial court's judgment.

On November 10, 2009, Clark was notified pursuant to Texas Rule of Appellate 

Procedure 37.1 that the notice of appeal was defective for failure to comply with rules 9.5 

and 25.1(e). He was further notified that unless he filed an amended notice of appeal on 

or before December 10, 2009, the appeal would be referred to the court for dismissal. 

See TEX. R. APP. P. 42.3(c). The deadline for filing an amended notice of appeal has 

passed, and Clark has not corrected his defective notice of appeal. Accordingly, the 

appeal is dismissed for failure to comply with the Texas Rules of Appellate Procedure. 

See TEX. R. APP. P. 42.3(c); Feist v. Berg, No. 12-04-00004-CV, 2004 WL 252785, at *1 

(Tex. App.-Tyler Feb. 11, 2004, pet. denied); Feist v. Hubert, No. 12-03-00442-CV, 

2004 WL 252285, at *1 (Tex. App.-Tyler Feb. 11, 2004, pet. denied).

Opinion delivered December 16, 2009.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(PUBLISH)
* Pursuant to 5 TH C IR . 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 5 TH C IR . R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED March 7, 2007 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 06-40875 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus AGAPITO HERNANDEZ, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas

USDC No. 7:04-CR-459

-------------------- Before KING, WIENER, and OWEN, Circuit Judges.
PER CURIAM: * Appealing the Judgment in a Criminal Case, Agapito Hernandez raises arguments that are foreclosed by United States v. Slaughter , 238 F.3d 580, 582-84 (5th Cir. 2000), which held that Apprendi v. New Jersey , 530 U.S. 466 (2000), did not render 21 U.S.C. § 841 unconstitutional on its face. The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.
T hi s di s pos i t i on i s notappr opr i a t e f orpubl i c a t i on and i s notpr e c e de nt * e xc e pta s pr ovi de d by9th C i r . R . 36- 3.

T he pa ne l una ni m ous l yc onc l ude s thi s c a s e i s s ui t abl e f orde c i s i on ** w ith o u t o r a l a r g u m e n t. See F ed. R . A pp . P . 34 (a )( 2). NOT F OR P UB L I CAT I ON UN I TE D STATE S C OU RT OF APPE ALS FOR T HE NI NTH CI RC UI T UN I T E D S T AT E S OF AME R I C A, P l ai nt i ff

- A pp el l ee , v. ALBE RT O H ERNA ND EZ - OREGEL , D e f

e n d a n t - A p p e lla n t. N o. 09- 10055 D . C . N o . 5 : 0 8 -C R -0 0 1 6 6 -JF ME MOR AN DU M *

A pp ea l fr om the U ni t ed S t at es D i stri ctC ou rt f o rth e N o rth e rn D is tr ic t o f C a lif o rn ia J e r e m yD . F oge l , D i s tr i c tJ udge , P r e s i di ng S ubm i tt e d S e pt e m be r13, 2010 ** B efo re: S IL V E R M A N , C A L L A H A N , an d N . R . S M IT H , C i rcu i tJu d g es. A l bert o H ernand ez -O re gel appeal s f rom the 90 -m on th sent ence i m po se d fol l ow i ng hi s gui l ty- pl eaconv i ct i on for bei ng a deport ed al i en foun d i n the U ni t ed St a t e s , i n v i o l a t i o n o f

8 U . S. C. § 1 3 2 6 . W e h a v e j u r i s d i c t i o n u n d e r2 8 U . S. C. § 1 2 9 1 , a n d w e a f

f i rm. 

# FI LED OC T 04 2010 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALS09- 10055 2 H ernand ez -O re gel cont ends, for the fi rs tt i m e on app ea l , thatthe di stri ct c ourte rr e d bye nha nc i ng hi s s e nt e nc e unde r18 U . S . C . § 1326( b) be c aus e the g o v e rn m e n t n e v e rp r o v id e d th e c o u rt w ith th e s ta tu te o f h is p r io rc o n v ic tio n . W e t a ke j udi c i a l not i c e of

the abs tr a c tof

j udgm e ntf

orH e rna nde z - O r e ge l ’ s 1981 c onvi c t i on f

ora s s aul tw i th ade a dl yw e apon, i n vi ol a t i on of C a l i f orni aP e na l C ode § 2 45 (a ), a c at egori ca l fe l on y c ri m e of vi ol ence thatqu al i fi ed H ernand ez -O re gel f o ras e n te n c in g e n h a n c e m e n t u n d e rs e c tio n 1 3 2 6 ( b ) . Se e U ni te d State s v . H

e r onSal i nas , 5 6 6 F .3 d 8 9 8 , 8 9 9 ( 9 th C ir . 2 0 0 9 ) ; se e al so U ni ted States v. B lack , 482 F . 3d 10 35 , 10 41 (9th C i r. 20 07 ). H e rn a n d e z - O r e g e l a ls o c o n te n d s th a t A lm enda rez- T orres v . U

ni ted States , 5 2 3 U .S . 2 2 4 ( 1 9 9 8 ) , s h o u ldb e o v e rru le d . A s h e c o n c e d e s , th is c o n te n tio n f a ils . Se e A gos t i niv . Fe l ton , 52 1 U . S . 20 3, 23 7 (19 97 ). F in a lly , H e rn a n d e z - O r e g e l c o n te n d s th a t th e s e n te n c e is s u b s ta n tiv e ly u n r e a s o n ab le . T h e r e c o r d r e f le c ts th a t th e r e w a s n o p r o c e d u r a l e rr o ra n d th a t, in l i ghtof the t ot a l i tyof

the c i r c um s t a nc e s , the s e nt e nc e w i thi n the G ui de l i ne s r a nge is s u b s ta n tiv e lyr e a s o n ab le . Se e U n ite d Sta te s v . Ca r ty , 5 2 0 F .3 d 9 8 4 , 9 9 2 - 9 3 ( 9 th C ir . 2 0 0 8 ) ( e n b a n c ) . T he gove rnm e nt ’ s r e que s tf orj udi c i a l not i c e i s gr a nt e d. AF F I RME D.
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 New York Residential, Inc. (the
“Company”) on Form 10-Q for the period ended September 30, 2009 as filed with
the Securities and Exchange Commission on the date hereof (the “Report”), I,
Robert Kornstein, President and 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 the best of 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 results of operations of the Company.








Date:
            November
      16, 2009By:
            /s/
      Robert
      KornsteinName:
            Robert
      KornsteinTitle:
            President
      and Chief Executive Officer (Principal Executive
  Officer)
##### 



Exhibit 13.(a) CERTIFICATION Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002, each of the undersigned officers of Pioneer
Corporation, a Japanese corporation (the Company), does hereby certify that,
to such officers knowledge:  1.
    
    The accompanying Annual Report of the Company on Form 20-F for the period
ended March 31, 2004 (the Report) fully complies with the requirements
of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 as
amended; and2.
    
    The information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the
Company. By:
    /s/ Kaneo ItoName:Title:Date:
    Kaneo Ito
Chief Executive Officer
August 6, 2004By:
    /s/ Akira NiijimaName:Title:Date:
    Akira Niijima
Chief Financial Officer
August 6, 2004
 (A signed original of this written statement required by Section 906 has been
provided to Pioneer Corporation and will be retained by Pioneer Corporation and
furnished to the Securities and Exchange Commission or its staff upon request.)
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 China Wind Energy Inc. (the “Company”) on Form 10-Q for the period ended January 31, 2010, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Shouquan Sun, 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; and2.
The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.





Date: June 14, 2010




By:      /s/ Shouquan Sun


Shouquan Sun




President, Chief Executive Officer, Chief Financial Officer, Principal Accounting Officer, Secretary, Treasurer and Director