alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2021088EN.01002901.xml

| 15.3.2021 | EN | Official Journal of the European Union | C 88/29 |
| --- | --- | --- | --- |

15.3.2021

EN

Official Journal of the European Union

C 88/29

---

Judgment of the General Court of 20 January 2021 — Palírna U Zeleného stromu v EUIPO — Bacardi (BLEND 42 VODKA)

(Case T-830/19) (1)

(EU trade mark - Opposition proceedings - Application for EU figurative mark BLEND 42 VODKA - Earlier EU word mark and international figurative mark 42 BELOW - Relative ground for refusal - Likelihood of confusion - Relevant public - Similarity of the goods and services - Similarity of the signs - Global assessment of the likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))

(2021/C 88/38)

Language of the case: English

Parties

Applicant: Palírna U Zeleného stromu a.s. (Ústí nad Labem, Czech Republic) (represented by: T. Chleboun, lawyer)

Defendant: European Union Intellectual Property Office (represented by: J. Ivanauskas and V. Ruzek, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO: Bacardi & Co. Ltd (Meyrin, Switzerland) (represented by: A. Parassina, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 5 September 2019 (Case R 2532/2018-2), relating to opposition proceedings between Bacardi & Co. and Palírna U Zeléného stromu.

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders Palírna U Zeleného stromu a.s. to pay the costs. |
| --- | --- |

2.

Orders Palírna U Zeleného stromu a.s. to pay the costs.

---

(1)  OJ C 54, 17.2.2020.

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

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE 10-QSB
OF NEW DIRECTIONS MANUFACTURING, INC. FOR THE 3 MONTH PERIOD ENDED SEPTEMBER 30,
1999 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH 10-QSB.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUN-30-2000
<PERIOD-START>                             JUL-01-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                          59,945
<SECURITIES>                                         0
<RECEIVABLES>                                  891,084
<ALLOWANCES>                                    50,000
<INVENTORY>                                    425,365
<CURRENT-ASSETS>                             1,353,032
<PP&E>                                         590,302
<DEPRECIATION>                                 170,371
<TOTAL-ASSETS>                               2,029,902
<CURRENT-LIABILITIES>                        1,334,128
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         5,052
<OTHER-SE>                                     528,844
<TOTAL-LIABILITY-AND-EQUITY>                 2,029,902
<SALES>                                      1,611,790
<TOTAL-REVENUES>                             1,611,790
<CGS>                                        1,499,149
<TOTAL-COSTS>                                1,499,149
<OTHER-EXPENSES>                               200,309
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              24,589
<INCOME-PRETAX>                              (111,909)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (111,909)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (111,909)
<EPS-BASIC>                                      (.02)
<EPS-DILUTED>                                    (.02)


</TABLE>
### T E X A S C O U R T O F A P P E A L S , T H I R D D I S T R I C T , A T A U S T I N
NO. 03-16-00352- CV
In re Jorge Q. Guillen

ORI GINAL P ROCEEDI NG F ROM TRAVIS CO UNTY
M E M O R A N D U M O P I N I O N
Relator J org e Q. Guillen has filed a pro se petition for writ of mandamus. See Tex. Gov’t Code § 22.221; see also Tex. R. App. P. 52.1. Ba sed on this rec ord, we deny the petition. See Tex. R. App. P. 52.8; see also W alker v. Pack

er , 827 S. W
. 2 d 8 3 3 , 8 3 7 (Tex.1992) (re lator has burden of providing court with sufficie nt rec ord to establish rig ht to mandamus relief ); Tex. R. App. P. 52.7(a) (1) (re lator must file wi t h p et i t i o n “a cer tified or sworn copy of ever y document that is materia l to the relator’ s claim for r elief a nd that was filed in a

ny underly ing pr ocee ding” ).

__________________________________________ Melissa Goodwin, Jus tice Be fore J ustices Pury ear , Goodwin, and F ield Filed: June 2, 2016
# Official Journal C 374/2014

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 374 |
| | |
| English edition | Information and Notices | Volume 5722 October 2014 |

ISSN 1977-091X

Official Journal

of the European Union

C 374

English edition

Information and Notices

Volume 5722 October 2014

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2014/C 374/1 | Non-opposition to a notified concentration (Case M.7392 — Advent International/Corialis) (
  1
  ) | 1 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2014/C 374/1

Non-opposition to a notified concentration (Case M.7392 — Advent International/Corialis) (
  1
  )

1

1

---

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2014/C 374/2 | Euro exchange rates | 2 |
| 2014/C 374/3 | New national side of euro coins intended for circulation | 3 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2014/C 374/2

Euro exchange rates

2

2014/C 374/3

New national side of euro coins intended for circulation

3

---

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
| | European Commission |
| 2014/C 374/4 | Notice of the impending expiry of certain anti-dumping measures | 4 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2014/C 374/5 | Prior notification of a concentration (Case M.7416 — RREEF/ECE/PalaisQuartier) (
  1
  ) | 5 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

2014/C 374/4

Notice of the impending expiry of certain anti-dumping measures

4

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2014/C 374/5

Prior notification of a concentration (Case M.7416 — RREEF/ECE/PalaisQuartier) (
  1
  )

1

5

---

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

---

(1)   Text with EEA relevance

1

| EN | |
| --- | --- |

EN
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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 on Form 10-K of IDX Systems
Corporation (the Company) for the year ended December 31, 2004 as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, James H. Crook, Jr., Chief Executive Officer of the
Company, and John A. Kane, Chief Financial Officer of the Company, each hereby certifies, pursuant to 18 U.S.C. Section 1350, 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: March 15, 2005 |  |  |  | /s/ JAMES H. CROOK, JR.
|                     |  |  |  |                         |  | James H. Crook, Jr. Chief Executive
Officer                                                       
|                     |  | 
|Date: March 15, 2005 |  |  |  | /s/ JOHN A. KANE       
|                     |  |  |  |                         |  | John A. Kane Sr. Vice President, Finance and
Administration, Chief Financial Officer and Treasurer
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 on Form 10-K of IDX Systems
Corporation (the Company) for the year ended December 31, 2003 as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, James H. Crook, Jr., Chief Executive Officer of the
Company, and John A. Kane, Chief Financial Officer of the Company, each hereby certifies, pursuant to 18 U.S.C. Section 1350, 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: March 15, 2004 |  | /s/ JAMES H. CROOK, JR.                    
|                      |  | James H. Crook, Jr. Chief Executive Officer



|                      |  |                                                                                                   
|--------------------- |  | --------------------------------------------------------------------------------------------------
|Dated: March 15, 2004 |  | /s/ JOHN A. KANE                                                                                  
|                      |  | John A. Kane Sr. Vice President, Finance and Administration, Chief Financial Officer and Treasurer
EXHIBIT 21.1SUBSIDIARIES OF THE REGISTRANT1) SanDisk Limited, a Japanese company 2) SanDisk Israel (Tefen) Ltd., an Israeli company 3) SanDisk Hong Kong Limited, a Hong Kong company 4) SanDisk (Cayman) Limited, a Cayman Islands company 5) SanDisk Secure Content Solutions, Inc., a Delaware corporation 6) SanDisk Equipment Ltd., a Japanese company 7) SanDisk Manufacturing, a Republic of Ireland company 8) SanDisk International Limited, a Republic of Ireland company 9) SanDisk India Device Design Centre, Ltd., an Indian company 10) SanDisk (Ireland) Limited, a Republic of Ireland company 11) SanDisk Taiwan Limited, a Taiwanese company 12) SanDisk Semiconductor (Shanghai) Co. Ltd., a Peoples Republic of China company 13) SanDisk 3D LLC, a Delaware company 14) SanDisk IL Ltd. (formerly msystems Ltd.), an Israeli company 15) M-Systems, Inc, a New York company 16) M-Systems Finance Inc., a Cayman Islands company 17) M-Systems (Cayman) Limited, a Cayman Islands company 18) P.P.S. von Koppen Pensioen B.V., a Netherlands company 19) M-Systems B.V., a Netherlands company 20) M-Systems Asia Ltd., a Taiwanese company 21) M. Systems Flash Disk Pioneers Espana S.L.U., a Spanish company 22) Microelectronica Espanola S.A.U., a Spanish company 23) SanDisk Bermuda Limited, a Republic of Bermuda company 24) SanDisk Bermuda Unlimited, a Republic of Bermuda company
#### Marcell Cooke, Appellant, v City of New York, Respondent.

[943 NYS2d 512]—

Order, Supreme Court, New York County (Geoffrey D. Wright, J.), entered February 8, 2011, which granted defendant’s motion for summary judgment dismissing the complaint, and denied plaintiffs cross motion to compel discovery, unanimously modified, on the law, to deny defendant’s motion, without prejudice to renewal upon completion of discovery, and to grant so much of plaintiffs cross motion as sought records relating to the maintenance, inspection and repair of the access plate and post-accident records, and otherwise affirmed, without costs. Appeal from order, same court and Justice, entered May 31, 2011, which, upon reargument, adhered to its original determination, unanimously dismissed, without costs, as academic.

*538Plaintiff alleges that, on June 6, 2008, she suffered injuries in a trip and fall, caused by a hole created by the height differential between a metal access plate and the surrounding roadway, at a Manhattan crosswalk. On July 29, 2008, plaintiff served a notice of claim on the City of New York, which, inter alia, described defendant’s negligence as consisting of “their failure to maintain and repair [the] access plate and adjacent roadway which created a dangerous and hazardous condition . . . and/or in the negligent repair.” The foregoing language sufficiently apprised defendant that plaintiff was alleging affirmative negligence and that defendant created and caused the condition, and enabled defendant to investigate the claim *(see*General Municipal Law § 50-e [2]; *Brown v City of New York,*95 NY2d 389, 393 [2000]). Plaintiff’s “cause and create” and “affirmative negligence” theories were amplified in her complaint and bill of particulars and did not present new theories of liability *(see Jackson v New York City Tr. Auth.,*30 AD3d 289, 291-292 [2006]).

In light of the outstanding discovery noted above, the grant of summary judgment dismissal was premature *(see*CPLR 3212 [f]). Additionally, as defendant refused to admit ownership of the access plate, plaintiff is entitled to records of post-accident repairs of the access plate and immediately surrounding roadway, in order to enable her to ascertain defendant’s ownership and/or control *(see Fernandez v Higdon El. Co.,*220 AD2d 293 [1995]). Concur — Mazzarelli, J.P., Saxe, Moskowitz, Renwick and Freedman, JJ.
#### The People of the State of New York, Respondent, v Scott Leroy Clark, Appellant.

— Casey, J.

Appeal from a judgment of the County Court of Chemung County (Monroe, J.), rendered March 30, 1984, upon a verdict convicting defendant of the crime of criminal sale of marihuana in the third degree.

Defendant claims on this appeal that the trial court abused its discretion in ruling on his *Sandoval*motion. That motion was made orally by defendant subsequent to the jury selection and prior to opening statements. The record reveals that defendant had been convicted of two illegal sales of alcoholic beverages in 1972, and that in the same year defendant was arrested in California on three separate occasions. The court ruled that questioning of these events on cross-examination would be impermissible if defendant testified on his own behalf. A 1973 conviction of obstruction of governmental administration was also ruled inadmissible and the prosecution agreed not to cross-examine concerning it. The prosecution further agreed not to cross-examine concerning a 1974 conviction of criminal possession of a controlled substance because of the similarity of that conviction to the crime charged, and agreed not to cross-examine about defendant’s arrest for the crime of menacing in 1983. The court also ruled a 1978 conviction of disorderly conduct inadmissible.

By further ruling, the trial court permitted a 1975 conviction of possession of a forged instrument, 1975 convictions of burglary in the third degree and petit larceny, and a 1983 conviction of resisting arrest to be utilized on cross-examination if defendant elected to testify. Defendant did so testify on his own behalf, so our review is limited to the prejudicial effect that the prosecutor’s permitted cross-examination about the unrelated crimes might have had on the minds of the jury.

In the circumstances, we find the discretion of the trial court to have been carefully and properly exercised, especially since the jury was cautioned that the convictions were to be considered only on the issue of defendant’s credibility. Contrary to defendant’s contention, we do not find the 1975 convictions so remote as to require their suppression.

Upon conviction, defendant received an indeterminate prison sentence of 2 to 4 years. Additionally, the trial court *891imposed a mandatory surcharge of $75 under Penal Law § 60.35. The imposition of this surcharge was mandatory and constitutional *(People v Dodson,*96 AD2d 1116, 1118). The judgment of conviction should be affirmed.

Judgment affirmed. Kane, J. P., Main, Casey, Mikoll and Yesawich, Jr., JJ., concur.
### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED NO VEMBER 21, 2014

NO. 03

- 13

- 00451

- CV

Andrea R. Biller, Appellant

v.

NNN 1 & 2 Met Center 1, LLC; NNN 1 & 2 Met Center 2, LLC; NNN 1 & 2 Met Center 3, LLC; N NN 1 & 2 Met Center 4, LLC; NNN 1 & 2 Met Center 5, LLC; NNN 1 & 2 Met Center 7, LLC; NNN 1 & 2 Met Center 10, LLC; NNN 1 & 2 Met Center 11, LLC; NNN 1 & 2 Met Center 12, LLC; NNN 1 & 2 Met Center 13, LLC; NNN 1 & 2 Met Center 17, LLC; NNN 1 & 2 Met Ce nter 18, LLC; NNN 1 & 2 Met Center 19, LLC; NNN 1 & 2 Met Center 20, LLC; NNN 1 & 2 Met Center 21, LLC; NNN 1 & 2 Met Center 22, LLC; NNN 1 & 2 Met Center 23, LLC; and Lexington Insurance Company, Appellees

APPEAL FROM THE 250TH DISTRICT COURT OF TRAV IS COUNTY

BEFORE CHIEF JUSTICE JONES, JUSTICES PEMBERTON A ND FIELD

DISMISSED ON APPELLANT’S MOTION

-- OPINION BY CHIEF JUSTICE JONES

This is an appeal from the interlocutory order signed by the tr i a l court on June 13, 2013

.

Andrea R. Biller has filed a motion to dismiss the appeal, and having considered the motion, the

Court agrees that the motion should be granted. Therefore, the Court grants the motion and

dismisses the appeal

. Each party shall bear their own costs relating to this appeal, both in this

Court and in the court below.
**Exhibit 23.1**

******CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM 

We hereby consent to the incorporation byreference in the Registration Statements on Form S-8 (No. 333-40893, No. 333-80003, No. 333-122834 and No. 333-122835) of OYO Geospace Corporation of our report dated December 7, 2006 relating to the financial statements, financial statementschedule, management’s assessment of the effectiveness of internal control over financial reporting and the effectiveness of internal control over financial reporting, which appears in this Form 10-K. 

/s/ PricewaterhouseCoopers LLP 

Houston, Texas 

December 7, 2006
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1017 Introduced in Senate (IS)]

105th CONGRESS
  1st Session
                                S. 1017

 To amend title 38, United States Code, to establish a presumption of 
  total disability for certain individuals for purposes of nonservice-
                     connected disability pension.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 15, 1997

Mr. Specter (by request) introduced the following bill; which was read 
        twice and referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL

 
 To amend title 38, United States Code, to establish a presumption of 
  total disability for certain individuals for purposes of nonservice-
                     connected disability pension.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That that portion of 
subsection (a) of section 1502 of title 38, United States Code, 
preceding paragraph (1) is amended to read as follows:
    ``(a) For purposes of this chapter, a person shall be considered to 
be permanently and totally disabled if such person is 65 years of age 
or older and is a patient in a nursing home or, regardless of age, is 
unemployable as a result of a disability reasonably certain to continue 
throughout the life of the disabled person, or is suffering from--''.
                                 <all>
```