alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2011232EN.01002501.xml

| 6.8.2011 | EN | Official Journal of the European Union | C 232/25 |
| --- | --- | --- | --- |

6.8.2011

EN

Official Journal of the European Union

C 232/25

---

Judgment of the General Court of 28 June 2011 — ATB Norte v OHIM — Bricocenter Italia (BRICO CENTER)

(Case T-476/09) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark BRICO CENTER - Earlier Community figurative marks ATB CENTROS DE BRICOLAGE Brico Centro and CENTROS DE BRICOLAGE BricoCentro - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

(2011/C 232/43)

Language of the case: Italian

Parties

Applicant: ATB Norte, SL (Burgos, Spain) (represented initially by P. López Ronda, G. Macias Bonilla, H. Curtis-Oliver and G. Marín Raigal, and subsequently by F. Brandolini Kujman, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: O. Montalto and G. Mannucci, Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Bricocenter Italia Srl (Rozzano, Italy) (represented by: G. Ghidini, M. Mergati and C. Signorini, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 24 September 2009 (Case R 1006/2008-4) relating to opposition proceedings between ATB Norte, SL and Bricocenter Italia Srl.

Operative part of the order

The Court:

| 1. | Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 24 September 2009 (Case R 1006/2008-4) inasmuch as it upheld the appeal of Bricocenter Italia Srl before the Board of Appeal regarding the services of ‘advertising’, ‘business management’ and ‘business administration’ covered by the Community trade mark application; |
| --- | --- |

1.

Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 24 September 2009 (Case R 1006/2008-4) inasmuch as it upheld the appeal of Bricocenter Italia Srl before the Board of Appeal regarding the services of ‘advertising’, ‘business management’ and ‘business administration’ covered by the Community trade mark application;

| 2. | Dismisses the remainder of the action; |
| --- | --- |

2.

Dismisses the remainder of the action;

| 3. | Orders ATB Norte, SL, Bricocenter Italia and OHIM each to bear their own costs incurred during the proceedings before the General Court. |
| --- | --- |

3.

Orders ATB Norte, SL, Bricocenter Italia and OHIM each to bear their own costs incurred during the proceedings before the General Court.

---

(1)  OJ C 24, 30.1.2010.

---
Roger HARRISON, et al., petitioners, v. Charlotte HUGGINS, et al.

No. 17-7881.

Supreme Court of the United States

March 26, 2018.

Petition for writ of certiorari to the Appellate Court of Illinois, Fourth District denied.
Valerie ABBOTT, et al., petitioners, v. William BELL, Mayor of the City of Birmingham, Alabama, et al.

No. 17-1103.

Supreme Court of the United States

May 14, 2018.

Motion of Committee for a Unified Independent Party, Inc., et al. for leave to file a brief as *amici curiae* granted. Petition for writ of certiorari to the Supreme Court of Alabama denied.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### National Institutes of Health

Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended.  The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         National Heart, Lung, and Blood Institute Special  Emphasis Panel, Mentored Patient-Oriented Research Career Development Award (K23).                    

*Date:*                         June 25, 2001.                    

*Time:*                         2 p.m. to 3 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         6701 Rockledge, Room 5106, Bethesda, MD 20892,  (Telephone Conference Call).                    

*Contact Person:*                         Diane M. Reid, MD, Review Branch, Room 7182,  Division of  Extramural Affairs, National Heart, Lung, and Blood Institute, National Institutes of Health,  Bethesda, MD 20892, (301) 435-0277.                    

This notice is being published less than 15 days  prior to the meeting due to the timing limitations imposed by the review and funding cycle.

(Catalogue of Federal Domestic Assistance Program Nos. 93.233, National Center for Sleep Disorders Research; 93.837, Heart and Vascular Diseases Research; 93.838, Lung Diseases Research; 93.839, Blood Diseases and Resources Research, National Institutes of Health, HHS)

Dated: June 18, 2001.

LaVerne Y. Stringfield,

Director, Office of Federal Advisory Committee Policy.

[FR Doc. 01-15761  Filed 6-21-01; 8:45 am]

BILLING CODE 4140-01-M
AFFINITY LABS OF TEXAS, LLC, petitioner, v. Andrei IANCU, Director, United States Patent and Trademark Office.

No. 17-232.

Supreme Court of the United States

April 30, 2018.

Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.
Exhibit 10.3


 


AMENDMENT
NO.4 TO LETTER OF INTENT


 


mPhase
Technologies, Inc.


688
New Dorp Lane,


Staten
Island, New York 10306-4933


 


May
30, 2018


 


Scepter
Commodities, LLC


9841
Washingtonian Blvd., Suite 390


Gaithersburg,
MD 20878


 


Attention:
Anshu Bhatnagar


 


Re:      Amendment
No. 4 to Letter of Intent (“LOI”)


 


Dear
Anshu:


 


This
Amendment No.4 (the “Amendment”) to our LOI Intent dated December 29, 2017, as amended on February 15, 2018 and April
3, 2018 hereby amends the LOI as follows:


 


1.         The
date on or before which we, mPhase Technologies, Inc. (the “Company”) will complete its outstanding reports with the
Securities and Exchange Commission (the “SEC”) shall be June 15, 2018


 


2.
        All other terms shall remain intact.


 


THE
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK


SIGNATURE
PAGE TO FOLLOW


 


Please
indicate your acceptance of the terms outlined in this Amendment.


 


Please
indicate your acceptance of the terms outlined in this Amendment.


 


Sincerely,


 


	/s/
    Martin Smiley	 


Martin
Smiley


CFO
and General Counsel of mPhase Technologies, Inc.


on
behalf of the Sellers.


 


	 	 	ACCEPED AND AGREED TO
	 	 	 
	/s/ Ronald
    Durando 	 	/s/ Anshu
    Bhatnagar
	Ronald Durando 	 	Anshu Bhatnagar 
	President and CEO	 	Scepter Commodities LLC
	mPhase Technologies, Inc.
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HomeCFTC Headquarters
Three Lafayette Centre
1155 21st Street, NW
Washington, DC 20581
202.418.5000
Court of Appeals of the State of Georgia

Clerk's Office, Atlanta, November 27, 2017.

I certify that the above is a true extract from the minutes 

of the Court of Appeals of Georgia.

Witness my signature and the seal of said court hereto 

affixed the day and year last above written.

, Clerk.

Court of Appeals 

of the State of Georgia

ATLANTA, November 27, 2017

The Court of Appeals hereby passes the following order

A18I0061. ATLANTA WOMEN'S SPECIALISTS, LLC et al. v. KEITH TRABUE et al..

Upon consideration of the Application for Interlocutory Appeal, it is ordered that it be 

hereby GRANTED. The Appellant may file a Notice of Appeal within 10 days of the date of 

this order. The Clerk of State Court is directed to include a copy of this order in the record 

transmitted to the Court of Appeals.

LC NUMBERS:

14ev001821
# C_2009102EN.01003301.xml

| 1.5.2009 | EN | Official Journal of the European Union | C 102/33 |
| --- | --- | --- | --- |

1.5.2009

EN

Official Journal of the European Union

C 102/33

---

Action brought on 11 March 2009 — Tubesca v OHIM — Tubos del Mediterráneo (T TUMESA TUBOS DEL MEDITERRANEO S.A.)

(Case T-98/09)

2009/C 102/49

Language in which the application was lodged: French

Parties

Parties

Applicant: Tubesca (Ailly-sur-Noye, France) (represented by: F. Greffe, avocat)

Applicant:

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

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM: Tubos del Mediterráneo, SA (Sagunto, Spain)

Other party to the proceedings before the Board of Appeal of OHIM:

Form of order sought

Form of order sought

| — | Annulment of the decision delivered by the Fourth Board of Appeal of OHIM of 17 December 2008 in Case No R 518/2008-4. |
| --- | --- |

—

Annulment of the decision delivered by the Fourth Board of Appeal of OHIM of 17 December 2008 in Case No R 518/2008-4.

Pleas in law and main arguments

Pleas in law and main arguments

Applicant for a Community trade mark: Tubos del Mediterráneo, SA

Applicant for a Community trade mark:

Community trade mark concerned: Figurative mark ‘T TUMESA TUBOS DEL MEDITERRANEO S.A.’ for goods and services in Classes 6, 35 and 42 — application No 4 085 098

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: National and international word and figurative marks ‘TUBESCA’ for goods in Classes 6, 19 and 20

Mark or sign cited in opposition:

Decision of the Opposition Division: Opposition partially upheld; partial refusal to register the mark applied for

Decision of the Opposition Division:

Decision of the Board of Appeal: Annulment of the decision of the Opposition Division and rejection of the opposition

Decision of the Board of Appeal:

Pleas in law: There is a likelihood of confusion between the opposing marks for consumers displaying average attention or end users, especially since the marks ‘TUBESCA’ are well known and highly distinctive.

Pleas in law:

---
<PAGE>
                                                                   EXHIBIT 10.28

August 23, 2001


Ms Cher Paige
18729 SE 45th Place
Issaquah, WA   98027

Dear Cher:

We are pleased to confirm your offer of employment with N2H2, Inc. as Vice
President of Marketing. You will be reporting directly to Phil Welt,
CEO/President and will serve as a member of our Senior Management Team. As an
exempt employee, you will be paid on a salaried basis with paydays occurring
semi-monthly. We hope you will be able to start work at N2H2 on September 4,
2001.

Your compensation will be structured in the following way:
Base Salary: $127, 400

Bonus: A bonus of 0-15% based on MBO's to be determined with Phil upon hire. The
target bonus for all employees is 9%, and managers are required to hit this
average percentage for all employees in their review group. Timing of this
annual bonus will be agreed to in writing by Phil and N2H2 before the execution
of this letter.

Stock Options: You will be granted 100,000 options, as part of your hiring
package. These options will be granted at the fair market value (average of high
and low) on the date of hire and will have a four-year vesting period (1/4 each
year). Further information will be made available to you regarding the option
grant in your new hire information.

Benefits: You will be eligible to participate in our group insurance effective
October 1, 2000. N2H2 offers the following benefits plans: Medical, dental,
vision, long term disability, commuter transit reduction, flexible spending
account programs and Employee stock purchase program. All premiums for these
benefits are fully paid for yourself and any dependents you choose to add. All
details are governed by specific insurance company or program policies.

Vacation: You will receive four weeks of vacation accrued throughout the year;
five sick days and two floating holidays each year.

Your employment at N2H2, Inc. is terminable-at-will at any time either you or
N2H2, Inc. desire to end the relationship, either before or after the standard
90-day introductory period. This letter is not a contract of employment for any
period of time. Execution of a formal Employment Contract and Non-Compete
Agreement may be required in the future as a condition of continued employment.

<PAGE>

We are convinced that your background and professional experience will
significantly enhance our ability to attain our goals. We are equally confident
that you will find us offering the kinds of challenges and responsibilities that
you will enjoy, along with an environment that will enhance your professional
growth. If you find the heretofore-described terms agreeable, please sign and
return an original copy of this letter by August 29, 2001. If you have
questions, please call Amanda Spraker (206.834.1770) or Phil Welt (206.834.1777)
directly. We look forward to working with you.

Sincerely,

/s/ Howard P. Welt

Howard P. Welt
CEO/President
N2H2, Incorporated

Offer Accepted By:


Cher Paige   /s/ Cher Paige         Date  8/23/01
             --------------               -------
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 Unilens Vision Inc. (the Company) on Form 10-Q for the period ending September 30, 2010, as filed with the Securities and Exchange Commission on
the date hereof (the Report), I, Michael J. Pecora, President and Chief Executive 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 results of
operations of the Company.

A signed original of this written statement has been provided to the Company and will be retained by the Company
and furnished to the SEC or its staff upon request.



|                                 
|---------------------------------
|Date: January 12, 2011           
|                                 
|/s/ Michael J. Pecora            
|Michael J. Pecora                
|President/Chief Executive Officer
# C_2011269EN.01001702.xml

| 10.9.2011 | EN | Official Journal of the European Union | C 269/17 |
| --- | --- | --- | --- |

10.9.2011

EN

Official Journal of the European Union

C 269/17

---

Judgment of the Court (Sixth Chamber) of 21 July 2011 — Freistaat Sachsen, Land Sachsen-Anhalt v European Commission

(Case C-459/10 P) (1)

1

(Appeal - State aid - Aid for a training project concerning certain jobs in the new DHL centre at Leipzig-Halle airport - Action for annulment against the decision declaring part of the aid incompatible with the common market - Examination of the need for the aid - Failure to take into account the incentive effects of the aid and its positive external effects on the choice of the site)

2011/C 269/28

Language of the case: German

Parties

Parties

Appellants: Freistaat Sachsen, Land Sachsen-Anhalt (represented by: A. Rosenfeld, Rechtsanwalt)

Appellants:

Other party to the proceedings: European Commission (represented by: B. Martenczuk, agent)

Other party to the proceedings:

Re:

Re:

Appeal brought against the judgment of the General Court (Eighth Chamber) of 8 July 2010 in Case T-396/08 Freistaat Sachsen and Land Sachsen-Anhalt v Commission, by which the General Court dismissed the action seeking partial annulment of Decision 2008/878/EC of 2 July 2008 regarding the State aid which Germany intends to grant to DHL (OJ 2008 L 312, p. 31) — Aid for training — Decision declaring part of the aid incompatible with the common market — Incorrect examination of the need for the aid — Disregard of the positive external effects of the aid and of its incentive effects on the choice of the site

Freistaat Sachsen and Land Sachsen-Anhalt

Commission

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Dismissses the appeal; |
| --- | --- |

1.

Dismissses the appeal;

| 2. | Orders Freistaat Sachsen and Land Sachsen-Anhalt to pay the costs. |
| --- | --- |

2.

Orders Freistaat Sachsen and Land Sachsen-Anhalt to pay the costs.

---

(1)  OJ C 317, 20.11.2010.

1

---
# C_2011103EN.01001101.xml

| 2.4.2011 | EN | Official Journal of the European Union | C 103/11 |
| --- | --- | --- | --- |

2.4.2011

EN

Official Journal of the European Union

C 103/11

---

Judgment of the Court (Sixth Chamber) of 3 February 2011 — European Commission v French Republic

(Case C-395/10) (1)

1

(Failure of a Member State to fulfil obligations - Directive 2007/2/EC - Environment policy - Infrastructure for Spatial Information - Exchange and update of data in electronic format - Failure to adopt national measures transposing the directive)

2011/C 103/17

Language of the case: French

Parties

Parties

Applicant: European Commission (represented by: A. Alcover San Pedro and V. Peere, Agents)

Applicant:

Defendant: French Republic (represented by: G. de Bergues and S. Menez, Agents)

Defendant:

Re:

Re:

Failure of a Member State to fulfil obligations — Failure to take within the prescribed period the measures necessary to comply with Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE) (OJ 2007 L 108, p. 1)

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Declares that, by failing to adopt, within the prescribed period, all the laws, regulations and administrative provisions necessary to comply with Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE), the French Republic has failed to fulfil its obligations under that directive; |
| --- | --- |

1.

Declares that, by failing to adopt, within the prescribed period, all the laws, regulations and administrative provisions necessary to comply with Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE), the French Republic has failed to fulfil its obligations under that directive;

| 2. | Orders the French Republic to pay the costs. |
| --- | --- |

2.

Orders the French Republic to pay the costs.

---

(1)  OJ C 274 of 9.10.2010.

1

---