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[□=□]
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The court in which such bankruptcy , receivership , or proceeding for reorganization is pending shall have jurisdiction ( i ) to apportion between the indenture trustee and the indenture security holders , in accordance with the provisions of this paragraph , the funds and property held in such special account and the proceeds thereof , or ( ii ) in lieu of such apportionment , in whole or in part , to give to the provisions of this paragraph due consideration in determining the fairness of the distributions to be made to the indenture trustee and the indenture security holders with respect to their respective claims , in which event it shall not be necessary to liquidate or to appraise the value of any securities or other property held in such special account or as security for any such claim , or to make a specific allocation of such distributions as between the secured and unsecured portions of such claims , or otherwise to apply the provisions of this paragraph as a mathematical formula . The opponents appealed to the Appointed Person claiming : - ( i ) the Hearing Officer had failed to consider the matter from the perspective of the average consumer , ( ii ) he had sought to dissect the marks and failed to consider them as wholes ; ( iii ) he had given undue prominence to the visual aspects of the marks and failed to take account of the aural and conceptual similarities . I believe that ( ii ) is fulfilled in that we have the interfaces needed to support nesting of workflows . A civil action for a violation of this section may be brought only if the conduct involves 1 of the factors set forth in clause ( i ) , ( ii ) , ( iii ) , ( iv ) , or ( v ) of subsection ( a ) ( 5 ) ( B ) .