Does the Use of TM on Google Ads Program as Keyword Constitute Infringement – Delhi HC to Consider!

The question of whether or not a trademark’s use on the Google Ads Program as a keyword would constitute Trademark Infringement is all set to be duly considered by the Delhi High Court.

Justice Prathiba M. Singh will be making a formal judgment on the said question while dealing with a lawsuit filed by Upcurve Business Services Pvt. Ltd., which is a company specializing in the travel business. Upcurve operates a one-stop travel website by the name of ‘udchalo.com’ and has also won several awards.

The lawsuit involved the plaintiff’s (Upcurve) mark ‘udChalo,’ which is registered in Class 39, relating to both online and offline travel arrangements, booking of seats, including air ticketing, flight booking, tours and travels, and so on.

According to the plaintiff, the defendants in the lawsuit include Easy Trip Planners Pvt. Ltd. (EaseMyTrip.com) and HappyFares.in, both of which were accused of using the term ‘udChalo’ as a keyword on the Google Ads Program to attract online users to their respective websites.

After recording Easy Trip Planners’ recording, the Court had earlier passed an order restricting it from using the plaintiff’s trademark as a keyword. Since HappyFares.in wasn’t represented in the Delhi HC, the Court was forced to grant an ad-interim injunction to restrain it from using the plaintiff’s ‘udChalo’ mark as a keyword for promoting its own travel business. Consequently, the Court opined that the use of the mark ‘udChalo’ by HappyFares.in would constitute trademark infringement. The Court noted that since HappyFares.in was involved in the business of travel services, its use of the mark ‘udChalo’ as a keyword to promote its business would be a violation of the plaintiff’s exclusive Trademark Rights.

Concerning whether or not the matter in question would constitute trademark infringement in law and whether or not the use of a trademark as a keyword would constitute a violation of the Trademark Law, the Court has ordered that the same shall be treated as a part-heard.

Last year in November, the Delhi HC had noted that the search engine giant Google couldn’t exonerate itself from taking the liability of making sure that a keyword doesn’t constitute an infringement of a trademark.

Justice V. Kameswar Rao had also observed that permitting individuals who are not the rightful trademark owners to choose or use a keyword that is a Registered Trademark or use some parts of the trademark interspersed with generic words in the Ad-text or Ad-title may constitute trademark infringement or passing off.

Furthermore, the Court had noted that the use of registered trademarks as keywords amounts to ‘use’ in the course of trade in terms of the Indian Trade Marks Act of 1999. For more visit: https://www.trademarkmaldives.com

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Twitter Restrains Singapore-Based Tech Firm from Using Bird Logo as Trademark

A local Singapore-based tech firm, V V Technology, has recently been restrained by the American social networking and microblogging platform, Twitter, from using a bird logo as its trademark following a dispute with the social media giant over the trademark’s registration. The start-up had plans of displaying the bird logo in a mobile app on which it has been working since December 2018. The objective of the mobile app is to serve as a platform hosting an extensive range of services and products catering well to the users’ personal and lifestyle requirements, such as food delivery and online shopping. The app is yet to be launched.

On its official website, V V Technology has mentioned that it uses the latest technology, including blockchain and AI, to reinvent the workspace and is dedicated to creating a smart and comprehensive enterprise and work management suite. An online check conducted by a Singaporean newspaper showed that the firm worked with the students of the Singapore Management University on projects focusing on online business solutions in 2019. Furthermore, the firm obtained a travel agent license from the Singapore Tourism Board two years ago for being able to provide travel-related services and products on its mobile app.

On 10th September 2018, V V Technology filed a Trademark Application to register a logo of a bird in flight. Twitter opposed the Trademark Registration by arguing that the logo was way too similar to its bird mark, which is an already existing Registered Trademark, among other things.

The American social media giant eventually defeated V V Technology in the case, with Mr. Mark Lim, the principal assistant registrar of trademarks, giving a judgment in its favor.

In his ruling dated 11th March 2022, Mr. Lim found that the two marks in question, although to a low extent, are visually similar. Among several other aspects, both logos portray a bird in the side profile and don’t show any features, such as the eyes. He also stated that the two logos are conceptually identical as they represent the notion of ‘bird in flight.’

In evaluating whether the consumers would get confused by the two logos in question, Mr. Lim said that the reputation and brand image of Twitter’s logo would reduce the possibility of confusion. However, he also found that the consumers may still get confused as they may perceive an economic link between the two logos. They may either believe that V V Technology’s logo is a new version of Twitter’s icon or that it is a modified logo that Twitter is using for its new set of digital services concerning its current business. He didn’t agree with V V Technology’s argument, which said that people who use mobile apps are digital natives. The tech firm had claimed that mobile app users were unlikely to get easily confused or deceived by the two logos. In his grounds of decision, Mr. Lim said that while some people may be more tech-savvy than others, a substantial proportion isn’t. He agreed with Twitter when it said that some services offered by both companies, including the ones related to the provision of info, are likely to be offered at low costs or for free. He added that an average customer is likely to pay a low or below-average degree of attention while procuring such services and is, therefore, more likely to get confused between the two logos.

When it comes to V V Technology’s mobile app, Mr. Lim said that there is no compelling reason concerning why an individual would pay due attention before installing a mobile app that is free of cost. He further stated that even if the wrong mobile app is installed, it is pretty simple to delete it and install the correct one. For more visit: https://www.trademarkmaldives.com

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Meta Ventures Into Crypto & Metaverse By Filing New Trademark Applications

Meta Platforms Inc., formerly known as Facebook and currently doing business as Meta, has recently filed eight Trademark Applications that would enable its infinity loop logo to be used for crypto tokens and virtual exchange. This move by Meta indicates its interest to push deeper into virtual products and crypto-related services, which shall eventually help build an ecosystem around the Metaverse.

As announced by the Metaverse and Trademark Attorney Mike Kondoudis, the trademark applications filed with the US Patent and Trademark Office (USPTO) cover crypto tokens, financial trading, currency trading, blockchain software, virtual currency wallets, virtual currency exchange, and digital, crypto, and virtual currencies.

These eight trademark applications, if approved, would grant Meta the exclusive right to use its infinity loop logo for any or all of the previously listed ventures.

While these trademark applications were submitted to the USPTO on 18th March 2022, Meta hasn’t yet made any official announcement in this context. The only information available in this regard includes the tweet from Mr. Kondoudis and a press release on ExpertClick (a platform that connects experts with the news media).

Meta has been paying due attention to the Metaverse ever since its name change. Furthermore, it has been putting in a significant effort to create a functional ecosystem around this network of 3D virtual worlds. Justifying the name change, Meta explained in a statement delivered that this move is an attempt for the company to own the Metaverse along with the ecosystem that is still being built.

Mr. Kondoudis describes these trademarks filings as a reflection of Meta’s strategy for making its way into the Metaverse. According to him, these filings also signify that Meta has some crucial plans in mind for the virtual world. He even believes that this move would interest anyone and everyone involved in the virtual industry and the ones belonging to the financial sector.

Regardless of the popularity of the Metaverse and the word ‘Meta’ at large, the company holds the right to be the sole owner of the logo.

Since this move shows Meta’s plan to build an ecosystem around the Metaverse, investors can start expecting the announcement of their tokens and virtual exchange. For more visit: https://www.trademarkmaldives.com

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New Trademark Filings By Amex Suggest A Possible Entry Into The Metaverse

The multinational corporation specializing in payment card services, American Express (Amex), has recently filed seven Trademark Applications linked to virtual services and some of its iconic designs and logos, hinting at a possible entry into the metaverse. This move suggests that the major credit company is looking forward to joining its financial peers Visa, J.P. Morgan, and Mastercard in exploring the Web3 applications of its Intellectual Property (IP) assets.

As per the Trademark Filings submitted with the US Patent and Trademark Office (USPTO), the world’s second-largest payments processor, Amex, may be preparing to offer virtual concierge services concerning credit card transactions in the metaverse and other virtual worlds. The trademark applications filed include proposed trademarks for using some of Amex’s branding and logos with virtual payment cards, performing banking services in the metaverse, and utilizing its cards in an NFT (Non-Fungible Token) marketplace.

Many companies and firms across the globe have hinted at expanding into the metaverse following Facebook’s announcement last year in October concerning its rebranding to Meta. The social media giant at that time said that with Meta, it plans to create a virtual environment for connecting online social media experiences to the outside physical world.

While some well-known banks have been hesitant when it comes to cryptocurrency, many others have been engaging well with blockchain-based technologies.

Earlier this year in February, the American multinational financial and investment services bank, J.P. Morgan, entered the metaverse with the launch of a virtual lounge in Decentraland, a blockchain-based 3D virtual world. Even major sports apparel and footwear companies, including Nike and Adidas, have created virtual shops and crypto-related products, respectively, in the metaverse. Also, in December last year, the South Korean multinational electronics corporation, Samsung, launched a metaverse store.

Other major credit card companies such as Mastercard and Visa have slowly begun to accept the demand of their users for buying cryptocurrencies using fiat with their cards or else embraced the digital asset space. Mastercard first announced its plans last year in February to support cryptocurrencies, while the decentralized finance (DeFi) banking firm, Scallop, on 7th March joined a council formed by the big four credit card firms, including Discover, American Express, Mastercard, and Visa.

An Amex spokesperson said in a recent statement delivered that the company was following developments in the metaverse but had no plans to share the same during publication. For more visit: https://www.trademarkmaldives.com

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Red Bull Steps Into NFTs & the Metaverse With Trademark Application Filing

The metaverse, generally defined as a network of 3D virtual worlds focused on social connection, has captured the attention and interest of many household brands across the globe in the past few weeks and months.

The latest company making a big transition into the metaverse is the Austrian energy drinks brand, Red Bull. The company filed a Trademark Application on 3rd March 2022, indicating its plans to enter the virtual reality world, metaverse, and offer branded Non-Fungible Tokens (NFTs). The trademark application filed by Red Bull with the US Patent and Trademark Office (USPTO) is under the Trademark Registration number 97293326.

Michael Kondoudis, a licensed metaverse trademark attorney, recently took this news to Twitter by revealing that Red Bull has plans to offer multimedia with NFTs (including both virtual and cryptocurrencies), drinks, clothing, sports gear, and financial exchange services, among many other products in the virtual environment.

The trademark filing suggests a possible Red Bull zone in the metaverse, where fans could conveniently buy clothing, drinks, and equipment and engage well in widely recognized Red Bull-sponsored adrenaline-sports activities.

Fans entering the metaverse could also have access to Red Bull crypto for purchasing products and availing of services. As already seen elsewhere, NFT holders may be able to redeem NFTs for attending concerts and sports events virtually along with real-life events.

When it comes to sports, Red Bull is a major sponsor in conventional sports games, including Basketball, Soccer, F1, and NASCAR. Although conventional sports have risen in popularity, Red Bull has been synonymous with extreme sports as well ever since its inception, including cliff diving, BMX & skateboarding, mountain biking, and freestyle skiing, which form an integral part of Red Bull’s Extreme Sports annual calendar.

The metaverse could enable sports fans and admirers to engage well with athletes and be present at events. It could also allow them to stay virtually active at Red Bull’s more extreme sports events alongside cliff divers and freestyle skiers.

It is worth mentioning that businesses, firms, and celebrities have been growing their presence in the metaverse for quite some time now, with Red Bull being the latest example of following this quickly growing trend.

Increased levels of investment in the metaverse and NFTs imply that individuals no longer need to be present in person at events. Art, fashion, film, music, sports, and many other industries have taken a step closer to entering this virtual world.

Fast-food restaurant chain McDonald’s, the American lingerie, clothing, and beauty retailer Victoria’s Secret, energy drink manufacturer Monster Energy, and the American multinational retail corporation Walmart have all entered the metaverse. The New York Stock Exchange (NYSE) also couldn’t withstand the attraction of the metaverse.

The number of NFT-based trademark applications filed in the United States climbed 421 times in 2021, which accounts for a significant gain when compared to just 03 in 2020. All in all, we can say that the opportunities in the metaverse are endless. For more visit: https://www.trademarkmaldives.com

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Arbutus Sues Moderna Alleging Patent Infringement Over COVID-19 Vaccine

Arbutus Biopharma Corporation, a publicly-traded Canada-based biopharmaceutical company, has recently filed a lawsuit against Moderna Inc., an American biotechnology and pharmaceutical company, alleging Patent Infringement. Arbutus is now seeking damages for infringement upon its US patents related to Moderna’s COVID-19 vaccine.

In early trading, shares of Arbutus rose 11% while those of Moderna fell 2.5% after the lawsuit on which a federal appeals court rejected Moderna’s challenge to Arbutus’ patents last year in December.

Arbutus’ recent statement says that it developed the so-called Lipid Nanoparticles (LNP) enclosing the genetic materials called the messenger RNA or mRNA – the patents concerning which were licensed to Genevant Sciences Corporation, a joint venture between Arbutus and Roivant Sciences Ltd.

A Moderna spokesperson denied these allegations in a recent emailed statement delivered and said that Moderna shall vigorously defend itself in Court against Genevant’s claims.

The sales of Moderna’s COVID-19 vaccine that is based on mRNA technology and has been cleared for use in over 70 countries worldwide have been on the rise. Last year, the vaccine collected $17.7 billion in sales and is expected to bring in up to $19 billion this year.

Roivant and Genevant have stated that they did not seek to interfere with the distribution or sale of Moderna’s COVID-19 vaccine, but the litigation now could take at least two years.

Jefferies analyst Dennis Ding has stated that the patent infringement lawsuit in question could take lesser time than two years to resolve only if the parties involved reach a settlement agreement. Ding expects the companies involved to fight out the matter in court, which could take a couple of years. However, he also believes that a positive outcome in the form of a licensing agreement or royalty could come into action.

As far as Moderna is concerned, it is also involved in a months-long patent dispute with the United States National Institutes of Health (NIH) over its COVID-19 vaccine.

In December last year, Moderna said that it had decided not to pursue its US Patent Application for the vaccine at the moment to have more time in place for discussions with the NIH. For more visit: https://www.trademarkmaldives.com

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OCM Globe Sues Grocery Brands Alleging Trademark Infringement

OCM Globe Inc. has recently filed a lawsuit against grocery brands Apollo Food International, Inc and A&C Best Food Trading in the Central District of California, alleging Trademark Infringement and unfair competition.

The lawsuit filed mentions that OCM is a California-based corporation doing the business of merchandising grocery products as a part of which it purchases products from suppliers and sells them to grocery stores, supermarkets, and retailers in the United States. It further specifies that OCM is the exclusive licensee and distributor of six grocery brand products such as Genki Forest and many others represented by Japanese and Chinese characters.

The lawsuit filed by OCM claims that Apollo Food International and A&C Best Food Trading are both New York-based corporations specializing in making, using, importing, and selling specific food products. According to OCM, among the defendants’ products, some products bear marks similar to its products, which are likely to deceive or confuse the customers.

According to the lawsuit, OCM had sent a cease-and-desist letter to Apollo Food International last year on 2nd February, demanding the corporation to cease its infringing activities. Similarly, it had sent a cease-and-desist letter to A&C Best Food Trading on 9th July 2021, demanding the corporation to cease its infringing activities as well immediately. The lawsuit further alleges that neither Apollo Food International nor A&C Best Food Trading has responded to their respective cease-and-desist letters.

OCM has stated that although the defendants have been put on notice, they are continuing to infringe upon its trademarks blatantly and intentionally, thereby causing OCM to suffer major harm, including significant loss of goodwill and revenue.

Besides OCM’s Trademark Rights being infringed upon, the lawsuit also claims that some beverage products provided by the defendants don’t comply well with the United States Department of Agriculture’s certification requirements, in particular concerning the ingredients used and product sourcing. OCM strongly believes that the defendants either failed to comply well with the mandatory certification requirements or put forward fake certification for some beverage products.

OCM brings five causes of action in its lawsuit filed, including:

  • Trademark Infringement Under the Lanham Act
  • False Designation of Origin & Unfair Competition
  • Trademark Infringement Under Common Law
  • Violation of the Business & Professions Code of California
  • Unfair Competition Under Common Law

The corporation is now looking forward to seeking damages, not a penny less than $500,000, injunctive relief, an accounting of profits realized by defendants in question, exemplary and punitive damages, disgorgement of all unjust enrichment, and attorneys’ costs and fees. For more visit: https://www.trademarkmaldives.com

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Fast Food Giant McDonald’s Files Trademark Applications in Metaverse

According to a recent report, the world’s largest fast-food restaurant chain, McDonald’s, has filed Trademark Applications for virtual restaurants in the metaverse. The American multinational fast food corporation has filed ten trademark applications with the US Patent and Trademark Office (USPTO) for the McDonald’s brand and McCafe earlier this month. The report mentions that McDonald’s, which owns more than 39,000 outlets in about 100 countries globally, has claimed that it will be able to deliver food in person and online using these trademarks.

The report states that the trademarks filed are for virtual food and beverage products. It also describes them as operating a virtual restaurant online with a home delivery feature.

As per the report, other brand offshoots like entertainment and events, which use the McDonald’s and McCafe names, have been trademarked and include online actual and virtual concerts.

Trademark lawyer Josh Gerben tweeted with the descriptions of the trademarks in question that if a person is hanging out in the metaverse and feels hungry, he doesn’t have to put down his headset; all he has to do is walk into a McDonald’s outlet and place his order, which shall arrive at his door a little while later.

According to the experts, it will now take somewhere around eight months before the USPTO approves the said trademark applications.

Gerben believes that every other widely recognized brand or business would be seen making similar trademark filings within the next twelve months. He further stated that any brand or business that wants to be the next blockbuster could never afford to ignore any new technology in the market.

The American multinational technology conglomerate Facebook, now recognized and doing business as Meta, has already opened up its metaverse world called Horizon Worlds. Even Microsoft has some plans to open up a metaverse version of its Teams app pretty soon.

The report has mentioned that smaller companies can also put their foot forward in this direction by buying their own space in ready-made metaverse platforms like Mirandus, Decentraland, and Sandbox. Many companies and firms are doing so to stake their claim that too without figuring out how to use this new technology for extracting the maximum benefits. For more visit: https://www.trademarkmaldives.com

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Nike Sues StockX Alleging Trademark Infringement in Digital Token Launch

The US-based multinational corporation, Nike, has recently filed a Trademark Infringement lawsuit over unauthorized Non-Fungible Tokens (NFTs) against StockX in a federal court in New York.

StockX is an online reselling platform based in Detroit. It is engaged in reselling handbags, sneakers, and other goods. Last year in April, StockX raised $255m in funding, resulting in the company valuing at $3.8bn.

Headquartered near Beaverton, Oregon, in the Portland metropolitan area, Nike is engaged in the designing, development, manufacturing, and global sales and marketing of sports apparel, footwear, equipment, accessories, and other services.

The sportswear giant has alleged that StockX has begun selling new virtual products by using Nike’s trademarks without obtaining its permission. According to Nike, StockX has sold even more than 500 Nike-branded Vault NFTs so far.

In this matter, Nike has filed a 50-page lawsuit against StockX alleging trademark infringement with the US District Court for the Southern District of New York.

In its complaint filed, Nike has asserted that StockX is ‘minting’ NFTs that prominently use trademarks owned by Nike without its authorization or approval. The sportswear giant has further mentioned that StockX is even involved in marketing those NFTs by using Nike’s goodwill and selling them at heavily inflated prices to unsuspecting customers who believe or are most likely to believe that such ‘investible digital assets’ (as referred to by StockX) are authorized by Nike when in reality they are not.

As per Nike, it has never approved or authorized Nike-branded Vault NFTs sold and marketed by StockX. The sportswear giant strongly believes that such unsanctioned products are very much likely to mislead the customers, create a fake association between such products and Nike, and dilute Nike’s widely-recognized trademarks. It mentioned that the unapproved and unauthorized branding of Vault NFTs with Nike trademarks would jeopardize the capacity of Nike’s widely-known Registered Trademarks to identify its own set of digital goods in the metaverse and beyond and even affect its overall reputation through an association with inferior digital products.

Nike has written in its lawsuit that despite recognizing firsthand the enormous value of its brands, StockX chose to compete in the NFT market by not taking the time to create or establish its Intellectual Property Rights (IPRs), but instead by conspicuously freeriding, that too almost exclusively, on the back of Nike’s widely-known trademarks and their associated goodwill.

Nike also mentioned that use of its trademarks by StockX to enter the digital collectible market prevents the sportswear giant of its exclusive right to use its registered trademarks within the medium.

In this case, StockX has replied by saying it has never stated or implied that the NFTs are tied, associated with, sponsored by, or officially connected to a third-party brand. StockX is confident that its customers understand the difference between its Vault NFTs and the third-party products to which they correspond.

Katy Cockrel, the Vice President of Communications at StockX, has said that StockX customers have been trading a wide range of products on the StockX website, thereby trusting the platform to verify their authenticity and shipping products back and forth in each trade.

As part of its lawsuit, Nike has requested damages and that the court in its judgment would stop StockX from selling NFTs possessing Nike’s trademarks.

Nike filed this lawsuit against StockX after purchasing RTFKT Studios (an apparel and footwear startup based on NFTs) for an undisclosed sum in December.

RTFKT Studios specializes in creating virtual sneaker designs, memes, and many other collectible exclusives inspired by video games.

According to several reports, the sportswear giant has plans to launch various virtual products later this month. For more visit: https://www.trademarkmaldives.com

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Meta Becomes a Member of the Crypto Open Patent Alliance (COPA)

Meta Platforms Inc., formerly known as Facebook and presently doing business as Meta, has recently joined the Crypto Open Patent Alliance (COPA). The company, at present, is the latest and biggest crypto technology patent holder to join COPA, thereby expanding the pool of Intellectual Property (IP) assets that could be significantly used to safeguard the industry from litigation.

The move comes on the heels of Meta winding down its crypto project, the Diem Association. As per various recent reports, Diem is selling its technology (IP assets) to Silvergate Bank (Based in San Diego) for $200 million to pay back the investors.

COPA is a consortium of crypto and technology companies led by Block, which is Jack Dorsey’s payments company and was formerly known as Square Inc. It was established two years ago in September as an organization that encourages and supports blockchain-related innovation and growth by reducing the likelihood of Patent Litigation. According to Dorsey, the creation of an alliance by requiring the members to share their owned patents with COPA’s collective patent library is a crucial step in helping the crypto community safeguard itself against patent aggressors and trolls.

Not long after its establishment, in 2021, COPA filed a lawsuit against the Australian computer scientist widely known for his debated claim to be the inventor of Bitcoin, Craig Wright. His legal team had sent a cease-and-desist letter to COPA in an attempt to copyright the Bitcoin white paper – an issue that has bedeviled the crypto community for years.

By becoming a member of COPA, Meta has pledged not to enforce any of its core cryptocurrency patents other than for defensive reasons. According to the General Manager of COPA, Max Sills, the previously mentioned statement includes any technology that allows the creation, transmission, storage, mining, security, integrity, or settlement of cryptocurrencies. It also implies that the patents owned by Meta would be freely available for anyone to utilize.

COPA includes over two dozen other major technology and crypto firms, such as Kraken (a US-based cryptocurrency exchange and bank), Uniswap (a cryptocurrency exchange that uses a decentralized network protocol), MicroStrategy (an American company providing mobile software, business intelligence, and cloud-based services), Coinbase (an American company operating a cryptocurrency exchange platform), to name a few.

Many companies and firms count themselves as members of COPA; however, according to Sills, Meta is the largest company to date based on the number of patents it owns. With Meta joining COPA, the organization has said in a recent statement delivered that it is closer to accomplishing its ultimate objective of advancing cryptocurrency innovation through partnerships among big financial organizations, tech giants, and crypto companies. Sills believes that this move is undoubtedly one step further to advancing COPA’s mission, i.e., to remove all the legal barriers so that cryptocurrency can become the backbone for transferring value anywhere globally.

The head of Meta’s licensing and transactions group, Shayne O’Reilly, will be seen representing Meta on COPA’s board of directors, making Meta the 6th voting member of COPA’s board. For more visit: https://www.trademarkmaldives.com

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