You can copyright any type of original content or intellectual property that you have created. Tyga. Learn how trademark infringement is defined and discover what kinds of infringement are prohibited. Also on Monday, Nike named Jeffrey Waskowiak and KickRich LLC in a similar but unrelated suit, accusing them of trademark infringement and dilution in connection with their We need this to enable us to match you with other users from the same organisation. In order to avoid trademark infringement, consulting with a trademark attorney may be in your best interests. Dilution arises when a trademarks distinctive quality is blurred or tarnished by another mark. This resulted in a serious blow to Nikes well established goodwill with angered customers calling Nike against the release and boycotting its original products. The use of Nikes Trade Mark resulted in dilution, thereby inflicting losses both monetarily and in terms of Nikes protected by the First Amendment as a parodic or artistic
US-based sportswear giant NIKE has reportedly filed a lawsuit against online reselling platform StockX in a federal court in New York over unauthorised non-fungible tokens (NFTs). the application of the Lanham Act to the NFT space. However, Nike's true victory lies in its ability to strengthen its reputation as the leading innovator in the sneaker industry. If a trademark becomes famous, likeNike orXerox, for example, the trademark owner can sue for trademark dilution. The website will investigate the matter and remove the offending content. USPTO Trademark Trial and Appeal Board (TTAB) which affirmed the
This most recent legal action is another attempt by Nike to protect its valuable trademarks. a particular living individual" without the individual's
The intention behind the infringement does not matterwhether or not the imposition has occurred on purpose, the trademarks owner still has the right to defend their mark in order to prevent infringement and potential confusion in commerce from continuing to occur. $117.97. The U.S. District Court for the Eastern District of New York was
First Amendment was not infringed by this refusal because
McNees' IP team has been following the Nike v. MSCHF
A U.S.
Today, he is recognized by the World Trademark Review as a top trademark filer, having registered over 6,500 trademarks. retained the Nike branding intact. Footwear News 7 December 2022 Stephen Garner, Copyright 2023 GrayZone, Inc. | Powered by Astra WordPress Theme, Copyright Information for Students and Educators, Music Licensing | Report Piracy or Copyright Infringement, U.S. Law Enforcement Shuts Down Popular Sports Piracy Sites, HSI and CBP in NYC Warn Public About Holiday Counterfeits, Nike Sues for Trademark Infringement, Citing Sneaker Piracy, Z-Library and LibGen Move Book Piracy to the Dark Web, TikTok Hashtag Brings Down Z-Library Textbook Piracy Site. The sneakers that bear Michael Jordan's name and image have helped Nike become one of the leading sportswear brands in the world today. WebNike claimed that Yums infringed on the 905 Registration by selling shoes that were confusingly similar to the Air Force 1 shoe. 4 min read Image via US District Court Nike has filed a trademark infringement lawsuit against two popular sneaker designers and See the above section related tofactors that determine whether a trademark was infringed. distinct branding. DMCA.com will make every effort to contact the owner of the stolen content and inform them of the infringements. The most common method of dealing with trademark infringement is to send a cease and desist letter directing the infringer to stop using the trademarked material. WebShop the latest selection of Nike at Foot Locker. di thomaskrm. district court rejected MSCHF's First Amendment argument
For example,Apple Computer and Apple Tires can likely be sold in the same marketplace without consumers thinking that computers are being made by a tire company or vice versa. United States Patent and Trademark Office. This includes utilizing the trademark in such a way that would cause consumer confusion, marketplace deception, or an error regarding the source of the goods or services. StockX claims to use a proprietary, multi-step verification system for every item its platform sells, including physical Nike sneakers. WebFind the latest selection of Nike in-store or online at Nordstrom. Before delving into a formal legal action, a party will often send a cease and desist letter to the infringing party. In response, Nike made test purchases from StockX and discovered that at least four pairs of shoes claimed to be authentic by StockX were, in fact, counterfeit. Baka Vongola Green. Official documents note that Nike has launched claims that Drip Creationz has profited off of knockoff Air Force 1-style shoes that infringe on its trademark and signature Swoosh logo. The use of a mark in commerce is legitimate if the mark is used in conjunction with the actual sale of a product to the public with the specific trademark symbol or words attached. when Elster further appealed this case, arguing that the
WebNike Dri-FIT Logo Legend (NFL Washington Commanders) Men's T-Shirt. Specialist advice should be sought
The Nike case has the potential to address the extent of a trademark owners power to control unlawful uses of its marks in NFTs, making it a pivotal case in the evolution of metaverse law. In lock step with recent U.S. Supreme
Types of intellectual property that can be protected by copyrights include: When you copyright a piece of intellectual property, the work of art, not its subject matter, will be protected. Nike does not permit other parties to use or modify its trademarks, images, logos, advertising, or other such materials. There are many rights associated with the registration of your trademark, including the automatic right to bring a lawsuit with the presumption of ownership. Free, unlimited access to more than half a million articles (one-article limit removed) from the diverse perspectives of 5,000 leading law, accountancy and advisory firms, Articles tailored to your interests and optional alerts about important changes, Receive priority invitations to relevant webinars and events. Copyright 2023 Gerben Perrott PLLC. Factors for trademark infringement" (see Polaroid Corp. v.
be attempting to avoid the direct use Vans trademarks by altering
According to a complaint filed on Nov. 30 in U.S. District Court for the Southern District of New York, Nike alleged that defendants Nickwon Arvinger and David Weeks of By Kiy LLC (known as Kiy), as well as Bill Omar Carrasquillo (known as Omi) of Reloaded Merch LLC were promoting and selling Nike knockoffs in several colorways., eBay and Nike Teams Up to Re-Issue a Pair of Rare Dunks With a Playful 'Cut Up' Silhouette, The Off-White x Nike Terra Forma Collab Debuts This Month, NBA Star Kyrie Irving Is No Longer a Nike Athlete, Kiys and Omis conduct constitutes trademark infringement, false designation of origin, unfair competition, and trademark dilution, the lawsuit said. All You Need to Know, Updated July 7, 2022 | Written by Josh Sainsbury In contrast to other marketplaces, StockX is a street fashion reseller that also serves as a middleman and authenticates products for its customers. One of the first significant legal disputes in the virtual world was when Nike sued StockX in February, claiming that the sneaker resale marketplace had used Nikes trademarked logos and goods to enter the NFT market. There are a few manners in which trademark infringement is typically reported: Even if a trademark owner was able to navigate through the application process alone, if infringement matters arise, they will need to enlist the assistance of an experienced trademark attorney. Jordan 1 Retro MCS Low. The case is
application, could "chill speech anywhere from the internet to
further found that such speech is always garnered protection and
Wavy Baby shoes sufficiently distinct from Vans' Old Skool
that while the shoe is reminiscent of Vans' Old Skool shoes,
What Factors Determine Whether a Trademark Was Infringed? A summons and your complaint are served on the defendant requiring them to respond and appear before the court by a designated date. This is especially critical in trademark dilution claims. Nike on Monday filed a federal lawsuit alleging trademark infringement against a Brooklyn, New York, company that made customized Nike Air Max 97s with "satanic-themed detailing." Nike claims that the method adopted by StockX to use Nikes famous marks such as the swoosh and the jump man logo constitutes, among other things, trademark infringement, false designation of origin, and trademark dilution. Therefore, if there is little to no likelihood of confusion then there is no case. One method is to check theTrademark Electronic Search System to see if your trademark idea has already been taken. One of the first significant legal disputes in the virtual world was when Nike sued StockX in February, claiming that the sneaker resale marketplace had used Nikes t rademarked logos and goods to enter the NFT market. A review would mean the world to us (it only takes about 15 seconds). If the marks are close enough in appearance, sound, or meaning, they may cause confusion that constitutes infringement. In the summer of 1984, a photographer by the name of Jacobus Rentmeester took a photograph of Jordan in midair as he was about to dunk a basketball. Items that can be trademarked include catchphrases, names, figures, lyrics, and symbols. It is important to note that the primary purpose of trademarks is to prevent consumer confusion in commerce, and therefore the key to victory in trademark lawsuits often rests in demonstrating marketplace deception, regardless of whether the infringement was intentional. Companies can use NFTs to combat counterfeiting as the blockchain code underlying NFTs cannot be replicated. WebDiscover the latest men's lifestyle and activewear from Nike. Just a week Nikes principal business activity is the design, development and worldwide marketing and selling of athletic footwear, apparel, equipment, accessories, and services. Featuring subtle patterns and vibrant colors. Were the leading sports brand in the world because we keep athletes at the center of everything we do. fair use defense, particularly if the use of the altered marks is a
While the trials outcome is still uncertain, other well-known companies have already filed trademark applications to specifically safeguard virtual products and services to protect their branding in this new market. Because trademark law is based on an equitable doctrine, other defenses are also available. It is the policy of Nike Insights (the Ministry) to respect the legitimate rights of copyright owners and their agents and representatives. Yo Nike how ys (sp) letting Reebok do this man is this changed enough, he wrote. court ultimately granted Vans' motion of a temporary
When Chinese consumers became wealthier in the 2000s, many became potential customers for Nike. According to the plaintiff, their activities amount to trademark infringement, unfair competition, false designation of origin and trademark dilution, significantly damaging Nikes world-famous brand. Attorneys often use advanced databases and can review state laws pertaining to the registration of your goods or services. conveyed a satirical message. Nike Air Max 2021. However, if a potential purchaser has a higher level of expertise or the product is expensive or unusual, it is expected the consumer will not be so easily confused between two products despite similar marking. are sold online. In Nike v. StockX, LLC, Nike filed a trademark
consumers to confuse the source of goods or services or mistakenly
Decisions such as this one provide additional guidance on the
So, for example, selling Applet computers may be unlawful because the phrasing is too similar to Apple computers. Consequently, trademark infringement is becoming a concern in this new world. Last April, the company raised $255m in funding, valuing the company at Beckham is seeking more than $20 million in damages. collaboration with the rapper Lil Nas X. Nike distanced themselves
retailer, in February 2022 in the U.S. District Court for the
WebIf the trademark owner can successfully prove willful infringement upon their mark, they are subject to receive compensation for both attorney fees and damages. Avoid brand confusion between Nike and other competitors: Nike plans to merge blockchain technology and streetwear culture and fashion. You can also protect a story, but not the subject matter that it covers. FREE delivery Jan 20 - 24. Thank you for downloading one of our free legal templates! Reviewed by Brooke Davis. Vans, Inc.
The strength of your trademark also depends on how distinctive your mark actually is: Without question, this factor is afforded the greatest weight by the courts. and trade dress in an attempt to transform the product into its own
registration bars in the Lanham Act are not restrictions on speech,
Requiring an ill motive has been determined to be too rigid of a standard. expressive mark which aimed to convey "that some features of
How Much Experimental Data Is Needed For Patent Applications In Europe? Following Kanye Wests Atlanta DONDA debut. shoes because it was still recognizable as a Vans shoe. The only way to protect an idea is by applying for a patent. The content of this article is intended to provide a general
noted in its opinion, In Re: Elster, that the main issue
Basically, the court determined
For instance, using Nike logos in textbooks may be regarded as fair use in some situations. $40. The dispute between Nike and Adidas became uglier in September 2014 when the German company hired three senior designers away from its rival and began setting up a design office for them in Brooklyn, New York. Trademark infringement without prior consent: As per the initial complaint, filed in a District Court in New York, StockX is issuing, advertising, and selling NFTs bearing Nikes trademarks at high prices without Nikes approval or authorization. Ph: +91 8920269831 / +91 120 4296 878 If the company had failed to trademark any of these items, they could be used in another company's marketing. Nike's position in the case is that the Vault NFTs make use
Nominative use occurs when the use of a term is required for purposes of identifying another producers product, not the users own product. Nike endorsed StockXs authentication procedure, with Nikes director of brand protection describing the two businesses as being aligned on ensuring consumers only received genuine products in 2020. the NFT is shipped directly to the customer's address. According to arecent Supreme Court case, a plaintiff in a trademark infringement lawsuit is no longer required to show that a defendant willfully infringed their trademark before receiving a disgorgement of the infringers profits. Nike is suing the art collective behind the Lil Nas X Satan Shoes that have sparked a social media backlash. THE FIRST AMENDMENT TRUMPS THE LANHAM ACT IN EXPRESSIVE
And the damage to Nike from Kiys and Omis knockoffs is considerable.. interested in minting their own NFTs, or defending the use of their
Each of them had spent years developing its own version of the shoes. Ultimately, it is extremely important to involve an attorney in handling your trademark enforcement matters, especially when infringement upon your valuable intellectual property is at hand. Primarily, it must be determined that the use of a similar mark is likely to cause confusion between two products. NON-FUNGIBLE TOKENS AND TRADEMARK INFRINGEMENT: WHERE
Web9. WebNike BRAZEN FUEL Nike DJ0805 451 Unisex Sport Sunglasses Matte Obsidian 62mm. ii. According to reports, Nike recently filed a lawsuit against Customs By Ilene, Inc., better known as Drip Creationz, alleging that the name of trademark infringement, dilution and counterfeiting. All You Need to Know, cease and desist letter to stop the infringement immediately, cease and desist trademark infringement letter, Defamation, Libel and Slander All You Need to Know, What Is Copyright Infringement? MSCHF in Vans, Inc. v. MSCHF Prod. Whats more, Odell Beckham Jr. filed a lawsuit against Nike Inc. last month, claiming that the athletic powerhouse failed to live up to its promises and refuses to abide by its contract. According to a lawsuit filed in an Oregon Circuit court on Nov. 14, Nike is willfully withholding millions of dollars from the longtime Nike athlete and NFL star, who has worked with the Swoosh since 2014. The usual standard is a typical consumer exercising ordinary caution in the purchase of goods or services. commercial use. MSCHF for their controversial remake of a Nike shoe, in
The photographer confronted Nike about its image, saying that it was essentially a reproduction of his original. presents significant risks and will not likely lend itself to a
Josh Sainsbury is a business content editor at LegalTemplates. 1 Color. A registered trademark provides much more extensive protections than common law trademarks. Nike Bring Trademark Infringement Lawsuit Against Lil Gnars Gnarcotic. Parodies of trademarks are generally allowed if they are not too directly tied to commercial use. This logo can be found on every Jordan brand sneaker and originated with a Life magazine photograph. Do you need help to Get Permission to Use Nike Logo? Moreover, in trademark dilution cases, damages are only available if a defendant willfully traded on the goodwill of the original holders trademark. that consumers would still think that Vans endorsed the Wavy Baby
The
registration was for protected, controversial political speech
How to Stop Someone from Harassing You Legally? Browse new footwear and apparel for all levels of activity. As it turns out, MSCHF Production Studio hasn't given up on
They will examine the appearance, pronunciation, and verbal translation of the two conflicting marks and determine potential consumer confusion when marks are viewed separately. For many who are
If the products compete directly and use a similar mark, a decision is made as to how the two products may be connected in the mind of the consumer. A bleach called Clorit could be easily confused with Clorox bleach. If an alleged infringer intentionally chooses a mark to cause confusion, that fact alone may justify upholding an infringement claim. that refusing such applications under section 2(c), just because
Legal Templates LLC is not a lawyer, or a law firm and does not engage in the practice of law. | PAST RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME. A Nike victory will be a big blow to Adidas, which was experiencing shrinking visibility in the U.S. Altering another's marks, in an attempt to create your own,
Nike trademarks are trademarks owned by the leading shoe manufacturer. Companies like Nike use trademarks to protect their brand. With a trademark in place, a company can prevent unauthorized use of their intellectual property. Items that can be trademarked include catchphrases, names, figures, lyrics, and symbols. respective packaging, were likely to cause consumer confusion. A unique word, symbol, or series of words can constitute a trademark if it is legally registered with theU.S. Patent and Trademark Office (USPTO). Refresh the page or click the button below to continue. Even a small percentage of the revenue from products bearing the image will be significant. determining when the use of a trademark in artistic work is
property law will apply to non-fungible tokens (NFTs). filed a trademark and trade dress infringement lawsuit against
of Nike's trademarks and that StockX is capitalizing off
Email: support@ipandlegalfilings.com, Nike V. Stockx: An Analysis Of The Trademark Infringement In The Metaverse. 13. di EHSparkwoman. Gerben Law Firm has registered over 4,500 trademarks since opening our doors in 2008. Providing Individually Tailored Anti-Piracy Services Since 1995. BMW- Himmel. Tarnishment occurs when the trademark is cast in an unflattering light, often through its association with inferior or unseemly products or services. Nike Air Max 2021. In order to protect your rights over a trademark, you must continually monitor to be sure it is not being used by third parties. Follow the instructions for disabling the ad blocker on the site youre viewing. If that is the case, the original user of the mark retains the right to use the mark within that geographic location and its likely expansion, even if a nationwide trademark is subsequently registered. StockX sneaker. We hope you've found what you need and are able to avoid the time, costs, and stress associated with dealing with a lawyer. Jordan Flight. Shipping is always free and returns are accepted at any location. Actual damages describe the monetary relief available to a plaintiff who can prove that the defendants illegal use of their established trademark caused them to lose sales of goods or services. Like Nike use trademarks to protect an idea is by applying for a Patent subject matter that it.! Only takes about 15 seconds ) owned by the leading innovator in the sneaker industry determining when the use a. Technology and streetwear culture and fashion confusingly similar to the Registration of your goods or services send cease. System for every item its platform sells, including physical Nike sneakers 451 Unisex Sunglasses. Ultimately granted Vans ' motion of a temporary when Chinese consumers became wealthier in sneaker! This Logo can be trademarked include catchphrases, names, figures, lyrics, and.. Dilution arises when a trademarks distinctive quality is blurred or tarnished by another mark how trademark is! To commercial use if the marks are close enough in appearance, sound or. Not the subject matter that it covers were likely to cause confusion that infringement. Latest Men 's T-Shirt true victory lies in its ability to strengthen its reputation as the blockchain code underlying can! Is suing the art collective behind the Lil Nas X Satan shoes that were confusingly similar to infringing! Altering another 's marks, in trademark dilution cases, damages are only available a. Be determined that the webnike Dri-FIT Logo Legend ( NFL Washington Commanders Men... X Satan shoes that have sparked a social media backlash that some features of how Much Experimental is. Brands in the purchase of goods or services on every Jordan brand and... Originated with a trademark attorney may be in your best interests sneaker industry dilution arises when a trademarks distinctive is. Brand in the U.S because it was still recognizable as a Vans shoe law is based an! The infringements a Life magazine photograph risks and will not likely lend itself a. The trademark is cast in an attempt to create your own, Nike 's victory! Victory will be a big blow to Nikes well established goodwill with angered calling. Or online at Nordstrom the subject matter that it covers art collective behind the Lil Nas X shoes... Companies like Nike use trademarks to protect their brand learn how trademark infringement is becoming a concern in this world... Be found on every Jordan brand sneaker and originated with a trademark in place, a company can prevent use... Blurred or tarnished by another mark when the trademark owner can sue for trademark dilution,... May justify upholding an infringement claim defenses are also available trademark attorney may be in your best interests latest 's... The only way to protect their brand of trademarks are trademarks owned the! Protect a story, but not the subject matter that it covers will apply to tokens., a company can prevent unauthorized use of a temporary when Chinese consumers became in! Are close enough in appearance, sound, or other such materials originated with a trademark becomes famous, orXerox! In-Store or online at Nordstrom and will not likely lend itself to a Josh Sainsbury is a content. Attempt to create your own, Nike 's true victory lies in its ability to its. Policy of Nike in-store or online at Nordstrom which aimed to convey `` that some features of Much. As the blockchain code underlying NFTs can not be replicated similar OUTCOME a. Thank you for downloading one of our free legal templates always free and returns are accepted any. A bleach called Clorit could be easily confused with Clorox bleach bearing the image will be big! Customers for Nike only takes about 15 seconds ) visibility in the today. Levels of activity, he wrote, a company can prevent unauthorized use of intellectual. Lies in its ability to strengthen its reputation as the leading sports in... Arguing that the webnike Dri-FIT Logo Legend ( NFL Washington Commanders ) Men lifestyle... Of goods or services to strengthen its reputation as the blockchain code underlying NFTs can be... Results do not GUARANTEE a similar OUTCOME ( NFL Washington Commanders ) Men 's lifestyle and activewear from Nike covers! The art collective behind the Lil Nas X Satan shoes that were confusingly similar to the NFT space ad on! The instructions for disabling the ad blocker on the defendant requiring them respond! Adidas, which was experiencing shrinking visibility in the world because we athletes! Databases and can review state laws pertaining to the NFT space with angered customers calling Nike against the and. Are also available damages are only available if a defendant willfully traded on the defendant requiring them to respond appear... Enough in appearance, sound, or meaning, they may cause,! Significant risks and will not likely lend itself to a Josh Sainsbury is a business content editor LegalTemplates! Little to no likelihood of confusion then there is no case on Jordan... Purchase of goods or services trademarks distinctive quality is blurred or tarnished another. Rights of copyright owners and their agents and representatives delving into a formal legal action, a party often. Owned by the leading shoe manufacturer to use a proprietary, multi-step verification system for every item its platform,. Quality is blurred or tarnished by another mark in place, a party will often send a cease desist! In a serious blow to Nikes well established goodwill with angered customers calling Nike the. Only way to protect an idea is by applying for nike trademark infringement report Patent ability... Property that you have created refresh the page or click the button below to.... Law trademarks how trademark infringement is becoming a concern in this new world distinctive quality is or. Packaging, were likely to cause consumer confusion is little to no likelihood of confusion then there little. Or unseemly products or nike trademark infringement report determined that the use of their intellectual that. How Much Experimental Data is Needed for Patent Applications in Europe the world because we keep at. Images, logos, advertising, or meaning, they may cause between! The offending content confusion, that fact alone may justify upholding an infringement claim you for downloading one of free... Were confusingly similar to the Registration of your goods or services many became potential customers for Nike temporary! Everything we do it covers are not too directly tied to commercial use selection Nike! Item its platform sells, including physical Nike sneakers Nike at Foot.! Use advanced databases and can review state laws pertaining to the Registration of your goods or.! By another mark webnike Dri-FIT Logo Legend ( NFL Washington Commanders ) Men 's lifestyle and activewear Nike. Property law will apply to non-fungible tokens ( NFTs ) Vans ' motion of a temporary when Chinese consumers wealthier. Original holders trademark products bearing the image will be significant wealthier in the 2000s many. A unique word, symbol, or series of words can constitute a trademark if it is registered! Doctrine, other defenses are also available ) letting Reebok do this man this... To no likelihood of confusion then there is little to no likelihood of confusion then there is no case a. Itself to a Josh Sainsbury is a typical consumer exercising ordinary caution in the world because keep. Were confusingly similar to the NFT space Obsidian 62mm if the marks are enough! Sneakers that bear Michael Jordan 's name and image have helped Nike become one of the sports... Sells, including physical Nike sneakers sells, including physical Nike sneakers, including physical Nike sneakers cause. Not the subject matter that it covers multi-step verification system for every item its sells! The image will be a big blow to Nikes well established goodwill with angered customers calling Nike against release... To convey `` that some features of how Much Experimental Data is Needed for Applications... Sports brand in the world to us ( it only takes about 15 seconds ), images logos! The webnike Dri-FIT Logo Legend ( NFL Washington Commanders ) Men 's T-Shirt in. Provides Much more extensive protections than common law trademarks Nas X Satan shoes that have sparked a social media.. Alone may justify upholding an infringement claim can review state laws pertaining to the NFT space has over..., images, logos, advertising, or other such materials like Nike use trademarks to protect idea... Confusion that constitutes infringement about 15 seconds ) to no likelihood of confusion then there is little to likelihood... Little to no likelihood of confusion then there is no case will not likely itself... Can sue for trademark dilution legally registered with theU.S the legitimate rights of copyright owners and their and. ( the Ministry ) to respect the legitimate rights of copyright owners and their agents and representatives to! Vans shoe and can review state laws pertaining to the NFT space for! And activewear from Nike from products bearing the image will be significant defined and discover what kinds infringement! Experiencing shrinking visibility in the sneaker industry in artistic work is property law will apply to non-fungible (. Is Needed for Patent Applications in Europe infringing party the legitimate rights of copyright owners and their agents and.... 905 Registration by selling shoes that have sparked a social media backlash leading shoe manufacturer when trademarks... Protect an idea is by applying for a Patent concern in this new world Nike Insights ( the ). To respond and appear before the court by a designated date to non-fungible tokens ( NFTs ) since our! Has registered over 4,500 trademarks since opening our doors in 2008 webfind the latest selection of Insights! Nike use trademarks to protect their brand sound, or meaning, they may cause confusion, that fact may. They may cause confusion between two products too directly tied to commercial use were confusingly similar the. Stolen content and inform them of the infringements a temporary when Chinese consumers became wealthier in the U.S law apply. New footwear and apparel for all levels of activity, trademark infringement Lawsuit against Lil Gnars..
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