alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**Judgment of the Court of First Instance (Seventh Chamber) of 23 September 2009 – France Télécom v OHIM (UNIQUE)**

**(Case T-396/07)**

Community trade mark – Application for the Community word mark UNIQUE – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009)

Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 20-23)

**Re:**

| | |
| --- | --- |
| | ACTION brought against the decision of the Second Board of Appeal of OHIM of 3 September 2007 (Case R 585/2007-2) concerning an application for registration of the word sign UNIQUE as a Community trade mark. |

**Information relating to the case**

| | |
| --- | --- |
| Applicant for the Community trade mark: | France Télécom |
| Community trade mark sought: | Word mark UNIQUE for goods and services in Classes 9, 35 and 38 – Application No 5312392 |
| Decision of the Examiner: | Partial refusal of registration |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

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

| | | |
| --- | --- | --- |
| 2. | | Orders France Télécom to pay the costs. |
State of North Carolina v. Terril Courtney Battle

No. COA16-355

Court of Appeals of North Carolina.

Filed: December 6, 2016

VACATE AND REMAND IN PART; NO ERROR IN PART.
# Official Journal C 393/2012

| | ISSN 1977-091X
  doi:10.3000/1977091X.C_2012.393.eng |
| --- | --- |
| Official Journal
  of the European Union | C 393 |
| | |
| English edition | Information and Notices | Volume 5519 December 2012 |

ISSN 1977-091X

doi:10.3000/1977091X.C_2012.393.eng

Official Journal

of the European Union

C 393

English edition

Information and Notices

Volume 5519 December 2012

---

| Notice No | Contents | page |
| --- | --- | --- |
| | IV   Notices |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | Council |
| 2012/C 393/01 | Council conclusions of 26 November 2012 on literacy | 1 |
| 2012/C 393/02 | Council conclusions of 26 November 2012 on education and training in Europe 2020 — the contribution of education and training to economic recovery, growth and jobs | 5 |
| 2012/C 393/03 | Council conclusions of 26 November 2012 on Cultural Governance | 8 |
| 2012/C 393/04 | Council conclusions of 26 November 2012 on the European strategy for a Better Internet for Children | 11 |
| 2012/C 393/05 | Conclusions of the Council and of the Representatives of the Governments of the Member States, meeting within the Council, of 27 November 2012 on the participation and social inclusion of young people with emphasis on those with a migrant background | 15 |
| 2012/C 393/06 | Conclusions of the Council and of the Representatives of the Governments of the Member States, meeting within the Council, of 27 November 2012 on strengthening the evidence-base for sport policy making | 20 |
| 2012/C 393/07 | Conclusions of the Council and of the Representatives of the Governments of the Member States, meeting within the Council, of 27 November 2012 on promoting health-enhancing physical activity (HEPA) | 22 |

Notice No

Contents

page

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

2012/C 393/01

Council conclusions of 26 November 2012 on literacy

1

2012/C 393/02

Council conclusions of 26 November 2012 on education and training in Europe 2020 — the contribution of education and training to economic recovery, growth and jobs

5

2012/C 393/03

Council conclusions of 26 November 2012 on Cultural Governance

8

2012/C 393/04

Council conclusions of 26 November 2012 on the European strategy for a Better Internet for Children

11

2012/C 393/05

Conclusions of the Council and of the Representatives of the Governments of the Member States, meeting within the Council, of 27 November 2012 on the participation and social inclusion of young people with emphasis on those with a migrant background

15

2012/C 393/06

Conclusions of the Council and of the Representatives of the Governments of the Member States, meeting within the Council, of 27 November 2012 on strengthening the evidence-base for sport policy making

20

2012/C 393/07

Conclusions of the Council and of the Representatives of the Governments of the Member States, meeting within the Council, of 27 November 2012 on promoting health-enhancing physical activity (HEPA)

22

---

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

EN
---

---

# Exhibit 4.22

# ENGLISH SUMMARY OF THE
ASSET PURCHASE AGREEMENT(ORIGINAL LANGUAGE  HEBREW)

BY AND BETWEEN

# SHAGRIR (1985) LTD.

AND

# POINTER (EDEN TELECOM
GROUP) LTD.

Dated January 3, 2005

|Description: 
                          
                          
                          
Property: 
                          
                          
Consideration: 
Effective Date: 
                          
                          
                          
                          
                          
Condition of the Property: | Agreement  pursuant to which Pointer (Eden Telecom
Group)  Ltd.   ("Pointer")   shall   purchase  the
Property (as defined  below) from  Shagrir  (1985)
Ltd.
Property (including buildings and fixtures), at
Block 11663, Plot 88, Haifa, Israel (the
"Property").
NIS 1,694,000.
This agreement shall come into effect upon the
consummation of the transaction pursuant to which
Pointer shall purchase certain activities and
assets of Shagrir Towing Services Ltd. and its
subsidiary, Shagrir (1985) Ltd., that is,
February 28, 2005.
The Property shall be purchased by Pointer
"as-is".
|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



---

---
Ron David METCALF, Plaintiff, v. Susan Hyatt CALL, et al., Defendants.

No. COA17-418

Court of Appeals of North Carolina.

Filed: November 7, 2017

AFFIRMED.
<PAGE>   1
                                                                   Exhibit 10.51


Amendment No. 1 to Infoseek/XSoft Software Distribution and License Agreement.

This Amendment, effective the 16th day of December, 1996 is by and between
XSoft, A Unit of Xerox Corporation ("Xerox") and Infoseek Corporation
("Infoseek"), and hereby amends the Agreement ("Agreement") between the two
companies.

The parties hereto agree as follows:

1. Scope of Agreement

The purpose of this amendment is to:

Amend the License Grant from Xerox to Infoseek to enable Infoseek to reproduce
and Sub-license to SunSites the LICENSED SOFTWARE as defined in paragraph 1.02
and Attachment 1 of the Agreement, as amended, and the Noun Phrase Detector
included in Release 2.0 for evaluation purposes (both jointly referred to
herein as "LICENSED SOFTWARE/NPD"), as included in Infoseek's Intranet search
product, Infoseek Enterprise, and derivatives thereof.

2. Definition

A. "Sub-license" with respect to Intranet means the licensing of LICENSED
SOFTWARE to SunSites via an online limited use end-user software license. Such
sub-licensing may be accomplished through Infoseek's direct sales organization
or through third parties.

B. "Noun Phrase Detector" refers to a compact data module encoding grammatical
knowledge that enables the identification of noun phrases in tagged text for a
single language. It is used in conjunction with the runtime libraries and API
of the Lexicons.

C. "SunSITE"(TM) (Sun Software, Information and Technology Exchange) is a Sun
Microsystems sponsored program at leading universities around the world.

3. License Grant

Infoseek is hereby granted a non-exclusive, worldwide license to reproduce and
Sub-license to SunSITES, the LICENSED SOFTWARE/NPD as included in Infoseek's
Intranet search product, Infoseek Enterprise, and derivatives thereof.

4. Royalty

[ * ]

IN WITNESS WHEREOF, THE PARTIES have caused this Amendment One to be executed
by their duly authorized representatives, effective as of the date first
written above.


Infoseek Corporation                    Xerox Corporation

By /s/ Andrew E. Newton                 By /s/ Nathan Rubin
-------------------------------------   ------------------------------------
Title  Vice Pres. & Gen. Counsel        Title  Director Business Development
Date   December 18, 1996                Date   December 17, 1996



* Certain information on this page has been omitted and filed separately with
  the Commission. Confidential treatment has been requested with respect to the
  omitted portions.
# C_2008171EN.01004901.xml

| 5.7.2008 | EN | Official Journal of the European Union | C 171/49 |
| --- | --- | --- | --- |

5.7.2008

EN

Official Journal of the European Union

C 171/49

---

Order of the Court of First Instance of 6 May 2008 — Miguel Torres v OHIM — Bodegas Navarro López

(Case T-17/07) (1)

1

(2008/C 171/94)

Language of the case: Spanish

Language of the case: Spanish

The President of the Court of First Instance (Seventh Chamber) has ordered that the case be removed from the register.

---

(1)  OJ C 82, 14.4.2007.

1

---
**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 Triangle Petroleum Corporation (the
      "Company") on Form 10-QSB for the period ending October 31, 2006, as filed
      with
      the Securities and Exchange Commission on the date hereof (the "Report"), I,
      Mark Gustafson, Principal Executive Officer of the Company, certify, pursuant
      to
      18 U.S.C. 1350, as adopted pursuant to 906 of the Sarbanes-Oxley Act of 2002,
      to
      my knowledge 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.





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





/s/
                MARK GUSTAFSONMark
              GustafsonPresident (Principal Executive
              Officer)December 15, 2006
Exhibit 32.1



AMPLIPHI
BIOSCIENCES CORPORATION



CERTIFICATION OF PRINCIPAL EXECUTIVE
OFFICER

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 AmpliPhi Biosciences
Corporation (the “Company”) on Form 10-K for the year ended December 31, 2013 as filed with the Securities and
Exchange Commission (the “Report”), I, Philip J. Young, President and Chief Executive Officer of the Company, hereby
certify as of the date hereof, solely for purposes of Title 18, Chapter 63, Section 1350 of the United States Code, that
to the best of my knowledge:



| | (1) | the Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, 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 at the dates and for the periods indicated.
| | --- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



A signed original of this written statement required by Section 906,
or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic
version of this written statement required by Section 906, has been provided to the Company and will be retained by the Company
and furnished to the Securities and Exchange Commission or its staff upon request.



This Certification has not been, and shall not be deemed, “filed”
with the Securities and Exchange Commission.



Date:  September 12, 2014



| | /s/ Philip J. Young                  
| | -------------------------------------
| | Philip J. Young                      
| | President and Chief Executive Officer
# C_2008092EN.01004903.xml

| 12.4.2008 | EN | Official Journal of the European Union | C 92/49 |
| --- | --- | --- | --- |

12.4.2008

EN

Official Journal of the European Union

C 92/49

---

Action brought on 21 December 2007 — Yannoussis v Commission

(Case F-143/07)

(2008/C 92/101)

Language of the case: French

Parties

Applicant: Georgios Yannoussis (Brussels, Belgium) (represented by: A. Pappas, lawyer)

Applicant:

Defendant: Commission of the European Communities

Defendant:

Re:

Annulment of the decision of the appointing authority of 21 December 2006 rejecting the applicant's candidature for the vacant position of Head of the Representation of the Commission in Greece.

Form of order sought

| — | Annul the decision of the appointing authority of 21 December 2006; |
| --- | --- |

—

Annul the decision of the appointing authority of 21 December 2006;

| — | Order the Commission to pay the costs. |
| --- | --- |

—

Order the Commission to pay the costs.

---
## NO. 12-08-00434-CR IN THE COUR T OF APP EALS TWELFTH COURT OF APP EALS D ISTR ICT

TYLER, TEXA S

BRAN DO N L EJU AN STR ON G, § APP EAL FRO

M T HE 2 41 ST APPELLANT V. § JUDICIAL DISTRI CT COURT OF TH E ST ATE OF TEX

AS, APP ELL EE § SMI TH CO UN TY

, T EXAS
MEMORA NDUM OPIN ION PER CU RIAM Appellant, pr o c e e d in g p r o s e in th is ap p e a l, h a s f il e d a mo ti o n to d is mi s s th e ap p e a l. No de c isi on ha vin g b e e n de liv e re d by thi s c ou rt , th e mot ion is g ra nte d, a nd the app e a l is dis mis se d in

acc ordanc e with Texa s Rule of Appellate Procedur e 42.2. Opinion delivere d Dec ember 31, 2008. P an el consi s t ed of

W ort hen, C. J. , G r i

f f i t h, J. , and H oyl e, J.

(DO N OT PUBLISH)
**EXHIBIT
      32.2**





**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 Triangle Petroleum Corporation (the
      "Company") on Form 10-Q for the period ending July 31, 2007, as filed with
      the
      Securities and Exchange Commission on the date hereof (the "Report"), I, Shaun
      Toker, 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, to my
      knowledge 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.





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





/s/
      Shaun Toker


Shaun
      Toker


Chief
      Financial Officer


September
      14, 2007
Jeremy BRUNS and Jenny Bruns v. Rhonda BRYANT, Dalton Bryant, Sr., Dalton Bryant, Jr., Pat McCrory, as Governor of North Carolina, Frank Perry, as Secretary of the North Carolina Department of Public Safety, Anthony Tata, as Secretary of the North Carolina Department of Transportation, Veronica McClain, USAA, and State of North Carolina

No. 282P16-3

Supreme Court of North Carolina.

June 8, 2017

Jenny Bruns, for Bruns, Jeremy, et al.

Joseph Finarelli, Special Deputy Attorney General, Thomas M. Woodward, Special Deputy Attorney General, for State of North Carolina, et al.

John I. Malone, Jr., Attorney at Law, Brandon D. Zeller, Attorney at Law, Greensboro, for USAA.

Philip H. Cheatwood, Attorney at Law, Fayetteville, for Bryant, Dalton (Jr.)

Jeremy Bruns.

***ORDER***

Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by the Plaintiffs on the 6th of April 2017 in this matter pursuant to G.S. 7A-30, and the motion to dismiss the appeal for lack of substantial constitutional question filed by the Defendant (Dalton Bryant, Jr.), the following *871order was entered and is hereby certified to the North Carolina Court of Appeals: the motion to dismiss the appeal is

"Dismissed as Moot and the Notice of Appeal is Dismissed ex mero motu by order of the Court in conference, this the 8th of June 2017."

Upon consideration of the petition filed on the 6th of April 2017 by Plaintiffs in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 8th of June 2017."
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

SS/Research

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

ISIDRO ORTIZ-ROSALES,

 Petitioner,

 v.

ERIC H. HOLDER Jr., Attorney General,

 Respondent.

No. 07-75105

Agency No. A078-025-026

MEMORANDUM *

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted March 16, 2010** 

Before: SCHROEDER, PREGERSON, and RAWLINSON, Circuit Judges. 

Isidro Ortiz-Rosales, a native and citizen of Mexico, petitions for review of

the Board of Immigration Appeals’ order dismissing his appeal from an

immigration judge’s decision denying his request for voluntary departure. Our

FILED

MAR 26 2010

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
SS/Research 2 07-75105

jurisdiction is governed by 8 U.S.C. § 1252. We dismiss in part and deny in part

the petition for review. 

We lack jurisdiction to review the agency’s discretionary denial of voluntary

departure. See 8 U.S.C. §§ 1229c(f), 1252(a)(2)(B)(I). Ortiz-Rosales’ due process

claim regarding the denial of voluntary departure is not colorable. See

Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir. 2005).

In his opening brief, Ortiz-Rosales fails to address, and therefore has waived

any challenge to, the agency’s denial of his application for cancellation of removal. 

See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996) (issues not

specifically raised and argued in a party’s opening brief are waived). 

PETITION FOR REVIEW DISMISSED in part; DENIED in part.
Exhibit 4.1


 




	
  

  	
  Transfer
  Restricted - See Reverse Side Hereof State of Delaware Specimen Iron Mountain
  REIT, Inc. Common stock No. **o** **** Shares President Secretary $0.01

  






 















	
  

  	
  THE COMPANY WILL FURNISH WITHOUT CHARGE TO EACH STOCKHOLDER WHO
  SO REQUESTS THE POWERS, DESIGNATIONS, PREFERENCES AND RELATIVE,
  PARTICIPATING, OPTIONAL OR OTHER SPECIAL RIGHTS OF EACH CLASS OF STOCK OR
  SERIES THEREOF AND THE QUALIFICATIONS, LIMITATIONS OR RESTRICTIONS OF SUCH
  PREFERENCES AND/OR RIGHTS. SUCH REQUEST MAY BE MADE TO THE OFFICE OF THE
  SECRETARY OF THE COMPANY OR TO THE TRANSFER AGENT. THE SHARES REPRESENTED BY
  THIS CERTIFICATE ARE SUBJECT TO THE RESTRICTIONS ON TRANSFERABILITY AND
  OWNERSHIP THAT ARE SPECIFIED IN THE CERTIFICATE OF INCORPORATION OF THE
  COMPANY. THE COMPANY WILL FURNISH A COPY OF THE APPLICABLE RESTRICTIONS ON
  TRANSFERABILITY AND OWNERSHIP TO THE HOLDER OF THE SHARES REPRESENTED BY THIS
  CERTIFICATE ON REQUEST AND WITHOUT CHARGE.
United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

__________

No. 07-3613

___________

United States of America, *

*

Appellee, *

* Appeals from the United States

v. * District Court for the 

* Northern District of Iowa.

Zhang Jian Long, also known as *

Jianlong Zhang, * [UNPUBLISHED]

*

Appellant. *

___________

No. 07-3614

___________

United States of America, *

*

Appellee, *

*

v. *

*

Dongyan Huang, also known as *

Huang Dongyan, *

*

Appellant. *

___________

Submitted: September 22, 2008

Filed: October 7, 2008

___________
1

The Honorable Linda R. Reade, United States District Judge for the Northern

District of Iowa.

-2-

Before MURPHY, ARNOLD, and BENTON, Circuit Judges.

___________

PER CURIAM.

Zhang Jian Long and Dongyan Huang appeal from their convictions, after

pleading guilty, for violating, respectively, 18 U.S.C. § 2320(a) and 31 U.S.C. § 5324.

They maintain that the district court1

 erred in denying Mr. Zhang's motion to suppress

his pretrial statements and failed in its constitutional and statutory duty to provide

them with an adequate interpreter at various hearings relating to their case.

As the government points out, however, the defendants in their written plea

agreements waived their right to appeal, with certain exceptions. The defendants

assert that their appeal should be allowed because the sentence is "unconstitutionally

defective," one of the exceptions to their appeal waivers. The infirmity in the

defendants' argument is that they point to no defect in the sentence: They maintain

only that there was a constitutional defect in the proceedings that led up to the

sentencing. The appeal is therefore barred unless the plea agreements and

corresponding waivers were not knowing and voluntary, or a miscarriage of justice

would occur if the waivers were enforced. See United States v. Andis, 333 F.3d 886,

889-92 (8th Cir. 2003) (en banc).

The defendants do not maintain that they did not understand the appeal waiver

or any other part of their plea agreements, which they initialed at the beginning of

each paragraph and signed at the bottom. And after a careful review of the record, we

conclude that the district court conducted the proceedings with a conscientious 
-3-

regard for defendants' rights and that therefore the enforcement of the waiver could

not result in a miscarriage of justice.

Accordingly, we dismiss the defendants' appeals.

______________________________
Montier Lopez JACKSON v. John HERRING, Superintendent, Lanesboro Correctional Institution

No. 148P17-2

Supreme Court of North Carolina.

August 16, 2017

Montier Jackson, for Jackson, Montier Lopez.

Joseph L. Hyde, Assistant Attorney General, for State of North Carolina.

***ORDER***

Upon consideration of the application filed by Petitioner on the 16th of August 2017 in this matter for Writ of Habeas Corpus, the following order was entered and is hereby certified to the Superior Court, Mecklenburg County:

"Denied by order of the Court in conference, this the 16th of August 2017."

Jackson, J.recused