Whether you are writing a song or inventing a new machine, it is important to understand the difference between a copyright and a patent under United States federal law. Continue reading for more and consult…
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When you invent or discover something new, patents offer protection to prevent competitors from stealing or profiting from your intellectual invention without authorization. However, this protection does not last forever. It’s important to be aware…
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Whether you are a professional chef, food blogger, or home cook, you may be interested in taking your career or hobby to the next level by publishing your own collection of recipes. We congratulate you…
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If you have been accused of copyright infringement, you may now have to deal with the headache of undergoing civil court proceedings. However, depending on the specifics of this allegation, you may have bigger troubles…
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Whether you run an online website or post on your personal social media accounts, you may be considered a digital content creator. With this, you should understand that all forms of digital media are protected…
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If your creative work is in the public domain, it generally means that it is in a state of belonging or being available to the public as a whole. Therefore, it is not protected by…
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If you have ever resold something or purchased a resale item, you may have unknowingly relied on something known as the first-sale doctrine. In short, this doctrine sets limits to the amount of control copyright…
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You may have a great idea for a television advertisement to market your business's product or service. But you may believe that utilizing a specific trending, popular, or otherwise fitting song to play in the…
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Especially in the early stages of launching your business, intellectual property is likely the most valuable asset you can possess and maintain as an entrepreneur. After all, your original ideas and creative works are what…
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Choosing the right trademark for your business is one of the most important branding decisions you will make. In short, a weak trademark may be difficult, or close to impossible, to register with the United…
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Contrary to what many might assume, being a social media manager for a brand entails more knowledge than just how to create viral online content. Rather, in this position, you must have a thorough understanding…
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Enacted in 1998, the Digital Millennium Act amended the United States Copyright Law to keep up with the rapidly growing digital age, and with it, the distribution of intellectual property materials through the Internet. In…
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As a consumer or business owner, you may use software every day, whether it be utilizing a cloud-sharing application, downloading desktop programs, mobile apps, and subscription tools, or otherwise. What you may not realize, though,…
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Many creators misappropriately cite the legal defense of fair use when attempting to protect their intellectual property rights. That is, they may fall under the false assumption of safety in freely using a formally registered…
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Artificial Intelligence (AI)-generated art is popping up just about everywhere now, from commercial marketing content to creative illustrations and everything in between. This is especially true thanks to AI systems like DALL-E and Midjourney, which…
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Behind the popularity of cryptocurrency came growing talks of something known as a non-fungible token (NFT). Essentially, an NFT is a unique digital asset that represents ownership of a specific item recorded on a blockchain,…
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Parodies have a special spot in the social world intended to entertain, promote commentary, and stir critiques amongst consumers. Despite its significant role in pop culture, it often involves borrowing or referencing someone else's original…
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Your domain name is more than just an address and a means of directing your online consumers to your products and services. Rather, it is arguably a major part of your brand's identity and overall…
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Digital content has rapidly become the backbone for most businesses. The creativity that translates into digital works can be endless, from digital photos, videos, and graphics, to the business's online website where this content lives,…
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As a standard rule of thumb, you should not propose or agree to a legally-binding licensing agreement without consulting a lawyer first. While you may think you know what you want from this license and…
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The latest fashion trends are always rapidly changing, and fashion designers are expected to keep up with their creativity. Since you work so hard to keep your designs and overall brand relevant in this ever-evolving…
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While you are not legally required to register your trademark with the United States Patent and Trademark Office (USPTO), there is no harm in doing so. In fact, it may offer you grander protections of…
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You may be so consumed with your business operations that you barely have time to scout out others and their potential infringement of your original mark. Plus, trademark infringement is not always as obvious as…
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Especially at small companies, employers tend to prefer contracting employees to assist in temporary business operations or isolated work projects. This is because, that way, they do not have to pay for the overhead of…
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You may initially think that "copyleft" is a made-up word or at least the antonym of a copyright. Well, this is not necessarily accurate. It is actually an interesting and important intellectual property concept that…
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It seems as though more and more people are becoming podcast hosts nowadays. The podcasting market is growing in popularity and success due to its versatility (i.e., there are podcasts on a wide variety of…
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Protecting intellectual property rights, especially trademarks, for pharmaceutical drugs is important for the consumers, otherwise known as patients, who rely on them to treat or manage their personal medical conditions. At the same time, it…
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Once you believe you have substantially established your business in the United States, your next goal may be to expand your brand recognition internationally. While you may know this is no easy feat, it may…
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Even though it may appear that way, your job does not end when the United States Patent and Trademark Office (USPTO) approves your trademark application. Undoubtedly, you must incorporate the use of your registered mark…
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Netflix recently announced that it plans to invest $1 billion to transform the 292-acre former Fort Monmouth Army base into a film and television production industry. This year alone, several notable movies have been filmed…
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You may be proud of the trademark you worked so hard to register with the United States Patent and Trademark Office (USPTO). But due to extenuating circumstances, you may one day find that transferring ownership…
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Biotechnology is an interdisciplinary field that combines several scientific disciplines (i.e., biology, chemistry, engineering, and computer science) to solve problems and create useful products for major fields. Examples of critical biotechnology products are vaccines in…
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You may be talented enough to develop a great idea and turn it into an original work on your own. But when you join forces with equally skillful individuals, there is no telling how great…
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The World Intellectual Property Organization (WIPO) is a specialized agency of the United Nations. Originally established by the WIPO Convention in 1967, it now has 193 member states, with the United States being one of…
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A trademark protects your mark from a third party's unauthorized use, subsequently allowing your products and services to stand out in the marketplace. However, such protection is not granted automatically, but rather, must be earned…
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In 1886, 10 European countries met in Bern, Switzerland, to create the Berne Convention. This convention essentially sets out to protect the rights of creators of original works, so long as they are part of…
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Continue reading to learn whether you have legitimate grounds to initiate a trademark opposition case and how an experienced New Jersey trademark lawyer at The Ingber Law Firm can serve as your representative during this…
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In the context of United States Copyright Law, orphan work refers to a piece of original work that is protected by copyright, but the owner is difficult or impossible to identify or locate. This could…
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Your business model may be more set up to provide your customers with intangible services rather than offering them tangible products. And so, you may be more interested in a service mark, i.e., a brand…
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You may get all your tangible business assets that you care about and that are vital to your operations and overall success insured (i.e., real estate building, specialized equipment, company vehicles, company electronics, sales inventory,…
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You may notice that many popular companies, like McDonald's, Coca-Cola, and Nike, usually feature their names with a ® symbol directly next to them. Well, the official name for this is a registered trademark symbol.…
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An employer may temporarily contract a freelancer to fulfill a certain short-term need or execute a specific project for which they do not have the budget to bring on a full-time staff member. Using their…
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It is no easy feat to encapsulate your business's core meaning, values, and identity with a short string of words. So once you finally think of a phrase or slogan that makes your business stand…
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You may learn through word of mouth or effective promotions that there is an upcoming in-person or online auction for intellectual property. This may particularly pique your interest if you are a business owner looking…
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You may initially register your creative work with the United States Copyright Office to gain economic rights over it. That is, being that creating this original work may be your livelihood, you may have wanted…
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It may take you anywhere between 12 to 18 months to get your initial trademark application approved. After this relatively extensive process, you may never want to look back. However, you may be expected to…
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You may know firsthand how creating an original work was all-consuming, on top of seeking proper protection rights over it through the United States Copyright Office and/or Patent and Trademark Office. So, you may not…
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Writing, recording, playing, and singing music may be much more than your hobby or interest; it may be your livelihood. As such, you may want to do everything in your power to protect your original…
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Building, launching, and maintaining a website may have been one of the bigger investments you made for your business. But it may have been a well-spent investment, as your remarkable online presence has likely distinguished…
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Your trademark is likely one of your most valuable business assets as it works to establish your brand's identity in the competitive marketplace. So there should be no question as to why you would want…
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In today's digital world, it is almost inevitable that your business has pieces of original digital content in its arsenal. For one, your business may have a website that advertises its provided products and services.…
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In today's age of modern technology, establishing an online presence and identity may effectively make or break a business. This reason alone is why selecting and registering a domain name, acting as your business website's…
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Generally speaking, a licensing agreement is a legal agreement between you, the owner and licensor of a certain intellectual property, and a third party, as the licensee, who is interested in using it legally. Specifically,…
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Generally speaking, the United States Copyright Law grants monopoly protection for original works of authorship. But if you are seeking a copyright for your original work or wishing to use an already copyrighted work, you…
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As a creator or owner of an original work, your registered piece of intellectual property (IP) is arguably your most valuable asset. In an effort to expand its recognition, you may be strongly considering licensing…
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Registering your trademark with the United States Patent and Trademark Office (USPTO) is important because it gives you exclusive rights to use a mark that allows your potential customers to identify and become aware of…
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If you find yourself in a domain name dispute in Essex County or the surrounding New Jersey communities, your primary legal option will be to seek arbitration in accordance with the Uniform Domain Name Dispute-Resolution…
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A copyright gives you, the author or creator of an original piece of work, a set of exclusive rights. Such rights include reproducing, distributing, publicly performing, and publicly displaying your work. Obviously, the last thing…
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Essentially, if you formally register your trademark with the United States Patent and Trademark Office (USPTO), you may be granted serious protection against the unauthorized use of your mark. But with this, you must understand…
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The Lanham Act of 1946 is the primary federal trademark statute that works to protect registered trademarks nationally. With this, it sets the standard for principal registers for such trademarks. Essentially, a principal register may…
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It is imperative that the United States Copyright Law continually be amended to reflect the ever-evolving changes to the intellectual property realm that come with electronic and technological advances. This is why it is apparent…
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As a new business owner with products or services just entering the market, you may want to turn to other, more established third parties to push for extra revenues and royalties. But at the same…
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The first computer software was developed in 1948, accredited to Tom Kilburn and his colleagues at the University of Manchester. However, the true rise in computer software usage came with the rise of personal computers…
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Generally speaking, a freelancer is a self-employed individual who is not necessarily committed to a particular employer for the long term. Rather, an employer may temporarily contract them to produce a certain project, or any…
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On the one hand, a trademark is a symbol, word, or phrase used to identify a particular brand or company as the source of specific products or services. In turn, trademark rights arise out of…
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As the creator of an original concept in New York or New Jersey, you may have heard of and possibly looked into a copyright. But a lesser-known yet equally effective form of legal protection is…
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As a business owner, you may know all too well how much of your brand's identity is wrapped up in your business's name. So because of how much you may appreciate the value of your…
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Simply put, as soon as you turn your idea of a literary work into something of a tangible form, you should immediately look into the ways of legally protecting it. You may be surprised at…
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After working tirelessly on its application, you may feel confident that your mark will soon be officially registered with the United States Patent and Trademark Office (USPTO). But you may experience an unexpected bump in…
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By now, you may have noticed how the typographic symbol "®" sits as a superscript or subscript at the end of most well-known, recognizable brand names, symbols, taglines, etc. Well, the "®" lets you and…
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Since you likely worked so hard to obtain ownership rights over your trademark in the first place, it may be difficult for you to imagine a scenario where you would willingly surrender them. However, transferring…
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You may already know that if you want something specific trademarked for your business, you must file a petition with the United States Patent and Trademark Office (USPTO). But before you go through the hassle…
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A trademark may be a word, phrase, letter(s), number(s), pictorial scene, smell, sound, color, packaging, product configuration, or anything else capable of legally representing a company and its products and services. Whatever it may be,…
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If your trademark application is denied by the USPTO, you typically have a limited amount of time to respond to, amend, or appeal the decision issued by the office. Receiving a denial can be upsetting,…
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Before you use or produce a literary, dramatic, musical, artistic, or choreographic work for personal or business purposes, you must execute your due diligence in ensuring that a copyright does not already protect such work.…
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It may take you anywhere between 12 to 18 months to complete the trademark application process, starting from when you initially file your application to the date your trademark is finally registered. You may be…
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Say, for instance, that you come across a creative work you believe can possibly benefit the promotion of your business's product or service. Upon further investigation, you may be unable to identify its copyright protection…
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Let's say you create original works for a living, whether these works are graphic designs, written articles, musical jingles, or otherwise. You may take great pride in your creations, and understandably so. But you must…
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You may have big dreams of making your business's products, services, and overall brand name well-known throughout the United States. But you may also want your reach to extend beyond the country's borders. Well, you…
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In 2022, Governor Phil Murphy announced that the overall film production spending in the state of New Jersey went well over $650 million. This was a significant jump from the previous year, which saw approximately…
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Generally speaking, the public domain is a collection of creative works not bound to or protected by intellectual property laws; namely, copyright laws. This is to say that such creative works may be referenced, used,…
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Many international agreements work to offer exclusive copyright protections to authors and creators. Most notably, the Berne Convention for the Protection of Literary and Artistic Works has arguably transformed copyright laws and principles on a…
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An intellectual property auction differs from a traditional auction in that it focuses solely on intangible assets, such as trademarks and copyrights. In other words, it is a comprehensive, streamlined approach to buying and selling…
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Inviting others to work on a certain project may be beneficial because you can combine your independently great ideas to make a single outstanding result. With group projects such as these, you may want to…
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You may have worked hard to earn ownership rights over your intellectual property. So you may now want to protect it at all costs. This may entail buying into an insurance coverage plan. While you…
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The pharmaceutical industry is a notable, significant contributor to the United States economy. Of note, it accounts for nearly 50 percent of the world's pharmaceutical sales revenue and approximately 22 percent of the world's pharmaceutical…
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Whenever you work with another business party, and allow them a certain degree of access to your creative work, some sort of contract(s) must be drawn up. Namely, you must strongly consider setting in stone…
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You may have spent the past 12 to 18 months applying to register your trademark. You may be relieved to have completed this extensive process and can now reap the benefits of brand recognition. However,…
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The United States Copyright Law, along with international copyright law, is intended to protect the rights of authors and creators of certain copyrighted materials. Among these protected rights are their moral rights. This may arguably…
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A strong domain name may be important for your business because it adds to its professional credibility, increases its brand awareness, and protects its assets and online identity, among other things. For these reasons alone,…
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By definition, a logo is a graphic mark, emblem, or symbol, which may include an abstract, figurative design, or the text of the name that it is meant to represent. Its primary purpose is to…
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You may have worked hard to obtain the intellectual property rights that you have right now. But you may eventually conclude that transferring these rights may be the best business move. If this is your…
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You may be granted exclusive rights as a copyright owner. However, you must understand that these rights may only extend so far, and the legal purchaser of your copyrighted work may be granted certain privileges…
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In the most recent months, artificial intelligence (AI) has become quite a hot topic. Generally, AI is technology exhibited by computer systems and machines that simulate tasks typically associated with human intelligence and problem-solving capabilities.…
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You may have put in a lot of hard work to obtain your copyright protection in the first place. However, your job may not be over just yet. Meaning, this protection may only be applicable…
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You may have already solidified your position as the owner of a piece of intellectual property, by officially registering your creative work with the appropriate United States authorities. But there may also be a market…
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Your take on an original work may be parodying another one. However, it is likely that the owner of the other original work may get upset over this or may even blame you for infringing…
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You may be exceptionally talented in cooking. This may even be to the point where you monetize these talents into your livelihood, whether you become a chef, cookbook author, food blogger, or an associated profession.…
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An important component of the trademark registration process is proving to the United States Patent and Trademark Office (USPTO) specimens of use. In a use-in-commerce-based application, you must submit this under Section 1(b) upon filing.…
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With your trademark application, you may be expected to petition for your mark to be registered under a specific trademark class. Of note, the World Intellectual Property Organization (WIPO) and the United States Patent and…
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