DO NOT USE MY IMAGES TO SELL YOUR EBAY ITEMS (If you see someone using my images please let me know)

Tuesday, 10 April 2012

Annoyed Much!

I just received this email:

"It has come to our attention that you are using the mark caviar manicure and/or caviar nails in relation to a manicure product/method of manicure.
This relates to post on the 30th March ‘Caviar Nails Again’ as per link below:


Brand Agency Limited (Ciate) own the trade marks caviar manicure and caviar nails and we are in the process of applying to register these mark around the world.

Therefore you should not use the trade marks caviar manicure and/or caviar nails unless they are used in relation to products or to a method of using products that are produced by Ciate.

Please confirm once you have removed references to our trade marks from your website."

Are they serious? Have you received an email like this?
It makes me wonder whether they're annoyed people can recreate the same look for less than £3 and won't be buying their sets. I certainly won't be!

I will be consulting my lawyer friend regarding this

**Update Another email:

"Please don’t feel offended by this email, the reason behind it was simply to protect the trademark and avoid any confusion from the point of view of our customers. Apologies if this has caused any upset. If I can help with anything further please let me know."

I think it's too late now the damage has been done.
Will be removing my 'Jewel' swatch in case I get sued for that.

***Update
I've been made aware by the blogging community that the 'Caviar' look was first created by Dashing Diva way back last year and was blogged about by ThePolishExchange and The Blay Report

95 comments:

  1. Wow... Pathetic! Definitely seems like a desperate attempt to save their brand

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  2. I haven't, yet. But I know of at least 1 other blogger who got it also.

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  3. Wow.....I guess no one can call crackle ”crackle” either huh.

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  4. Wow.....I guess no one can call crackle ”crackle” either huh.

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  5. Wow that's crazy! Surely they know that prominent brand names take over in place of item names, like why a vacuum is called a Hoover, plasters are called band aids silly people. I agree with you they're very cheeky. Shan't be going near them!
    Dp
    X

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  7. Hahaha! Seriously? What a joke. Ciate will lose lots of customers because of this idiocy.

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  8. Ridiculous. I haven't gotten an email yet but what a bad move on their part.

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  9. This is insane. The term 'caviar nails' has been around for at least a year and wasn't even invented by Ciaté to begin with! This look was already used by Dashing Diva during the New York Fashion Week in 2011. I'm just shaking my head looking at such arrogance and I'm sure as hell not eager to buy their products now.

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  10. The fact that they were not the ones who started the trend but want to have a plug for a product that is clearly over priced just to sell something they should be ashamed.

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  11. The fact that they were not the ones who started the trend but want to have a plug for a product that is clearly over priced just to sell something they should be ashamed.

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  12. Wow, this is really shocking! Not a very smart business move in my opinion!

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  13. Well what a way to piss off your customers / bloggers.

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  14. I'm astounded! Did they say they're in the process of applying to register? Sure that means nothing, I'm in the process of becoming a millionaire but still I'm eating noodles...

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  15. If they have not trademarked the caviar manicure yet, you do not have to remove your post. They can't make you remove something that they are applying for in the future.

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  16. You also do not have to remove the post, just rename it ...if you want to be on the safe side, call it "Fish Roe Manicure", LOL!!!!

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  17. Wtf? they're probably peeved we realized we can create the exact same effect for a fraction of the price

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  18. Personally charging £18 for beads which are available for a couple of quid at a craft store or eBay is ludicrous. I think they are more annoyed about undermining the intelligence of bloggers for seeing this and finding a cheaper dupe. I have nothing against the brand in question but I do think that the email was uncalled for and rude.

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  19. With this in mind perhaps the company should be looking within the team that developed and marketed the product and as to why these people who no doubt are paid a lot of money did not pick this up along the way. Hmmm

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  20. Also, being such a big brand aren't they paying people a lot of money to deal with these issues BEFORE the product is developed and marketed. Seems like they are kicking themselves for their own stupidity.

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  21. LOL. RIGHT. Because the Caviar manicure is SO original. Dashing Diva did it over a year ago. Nice move, Ciate. Nice.

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  22. I'm getting ready to review a caviar manicure set from another brand. I can't believe the tactless approach. I also plan to do craft store dupes.

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  23. I completely understand why they might ask you to change the wording, after all 'the caviar manicure' was created by ciate in the first place. They're obviously not bothered about people re-creating the look cheaply, they just want the credit for the inspiration! :) xxx

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    Replies
    1. Ciate didn't create "caviar nails"...

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    2. That's not true. Dashing Diva did it in early 2011, and they called it the Caviar manicure too. If anyone, Dashing Diva should be the ones serving Ciate with C&D notices :P

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    3. I agree with missjessicarachel. Can't we just leave it that if Dashing Diva cares enough to oppose it then they will, and stop going crazy over a single bad decision?

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  24. Thay have no legal grounds to do that, if the name is not yet trademarked. Anyway, this is going to be very bad press for Ciaté...

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  25. Wow. That's really lame. I smell desperation.

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  26. I've never used or purchased Ciate but I was looking forward to it some day, now I think I'll just pass.

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  27. Like seriously? Come on Ciate! -.-

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  28. Wow, that's a serious PR fail and I'm sure we as bloggers won't let it go just as easy. I'll definitely write a post about it even I haven't received this email...yet

    Is it ok to copy the content of the email they've sent you just to give readers idea of what they're trying to pull off?

    Anyway one way how to avoid any legal issues might be naming it beads mani inspired by Ciate Caviar Manicure :) You can't be sued for mentioning 'inspired by' surely.

    Best of luck x

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    1. Go for it!
      I'm still in shock that my little blog got pulled up on this.

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    2. Thank you, I've just published my blog post quoting the email you've received: http://www.lucysstash.com/2012/04/ciate-is-trademarking-caviar-manicure.html

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  29. Your caviar nails are prettier than theirs. :P

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  30. they are "in the process" of trademarking "caviar nails." until then, keep your post up.
    fuck the police.

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    Replies
    1. This made me laugh, we need a caviar nails/f*ck the police meme now...

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  31. They can't prevent you from doing anything before the actually have it trade marked - they don't own the concepts before that. I really how they don't get it trade marked, that would just be too stupid!

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  32. LOL PATHETIC! yeah, deffo because it's just a cheaper way of doing it! would be genuinely fuming if i received this email! xoxo

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  33. while they're at it, the company may as well tell all craft stores that they are no longer allowed to sell mini beads because they can be used to reproduce "their" trademark

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  35. Sorry, had to delete last comment because my fingers got ahead of my brain. :) What I meant to say--very annoying of them but at least it led me to realize I hadn't followed your blog yet. Now I've fixed that. :)

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  36. They cannot legally force you to remove a post if they do not have a trademark in place already. They didn't even come up with the original idea, just ripped off Dashing Diva's work, maybe she should counter their trademark application as she has proof she did it way before them. If they are gonna be like this to bloggers then god knows what wrath they will unleash on all the ebay sellers who call their beads "caviar manicure". Also if other brands are bringing this product out, what in the hell are they gonna be called?! Kavi-arr? Fish Egg Nails? Roe Beads? Ooh must.dash...*frantically calls patent office*

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  37. They cannot legally force you to remove a post if they do not have a trademark in place already. They didn't even come up with the original idea, just ripped off Dashing Diva's work, maybe she should counter their trademark application as she has proof she did it way before them. If they are gonna be like this to bloggers then god knows what wrath they will unleash on all the ebay sellers who call their beads "caviar manicure". Also if other brands are bringing this product out, what in the hell are they gonna be called?! Kavi-arr? Fish Egg Nails? Roe Beads? Ooh must.dash...*frantically calls patent office*

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  38. Well I've been seeing these posts all over lately so I guess they better get busy LOLz. Caviar is gross anyway! Just call it Beaded Bliss and be done with their shenanigans.

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  39. What have they unleashed!?!!
    Thank you for all the comments. It's comforting to know that the majority of the nail community feels the same way about this issue and stand united.

    It's such a shame because I had a list of polishes I wanted to buy from them anyway I shall let you all know if there are any new developments.

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  40. For shame, especially since they weren't actually the first ones to come up with it!

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  41. I'd also like to mention that last year, Ke$ha used the caviar look in one of her videos....I highly doubt that Ciate was the one who put it on her nails. Maybe they should go after her too.

    If they don't have a trademark yet in place, they have no right to tell you to remove the post.

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  42. With all due respect-- don't swatch any Ciaté products. Just don't. They don't deserve it.

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  43. wouldn't it be so hilarious if every blogger did a "caviar mani" on the exact same day on their blogs? we should all band together and do it! let's see what they'll do then. (:

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    1. I'd be in! This is ridiculous, it's like an elementary school kid bully picking on a smaller kid because they're wearing the same shirt, even though they both bought the same thing at Target.

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    2. I totally love this idea :)!

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    3. That is hilarious, and I would totally be on board.

      This whole kerfuffle is the absolute worst way Ciate's PR team could have handled this trademarking issue. Why not send a sample kit to bloggers for comparison? Show us why their product is better than what we can do ourselves?

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  44. 'Please don't be offended'
    Panic stations or what

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  45. I say that if you mess with one nail blogger, you mess with them all! Not that I was ever interested in buying their polish, but after reading this I will never even consider it! They just screwed themselves over with this.

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  46. Was not able to post via my iPhone, so here we go:

    I agree with the majority. If they haven't trademarked it as of yet, they have no rights to force you to comply with their demands. If you are to reply, I would state something of that nature and remind them of Dashing Diva's creation of caviar mani well in advance of their idea. I believe a good majority of the nail world will agree that what this company is doing is wrong.

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  47. I've had my eye on Jewel & Confetti for some time but I won't be purchasing any of their products after this nonsense.

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  48. I googled caviar nails and found an article writen on 2/15/11 about Dashing Diva creating this look. Then I found another dated 3/26/12 stating a new mani from Ciate called Caviar nails however it was first created for a fashion show the fall of 2011 by DASHING DIVA. Here is a link to that article. http://chi-manga.com/2012/03/26/ciate-caviar-mani/ So not cool Ciate!

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  49. Arsey or what!!
    I looked up their 'trademarks' and they're marked as 'filed', not 'registered'.
    They are here, here and here. The system is offline overnight but hopefully we can find out some more details in the morning.
    A bit of me thinks, sod them! It's not originally their idea. I love that it took them a year to copy and release someone elses manicure, and it took beauty bloggers 5 minutes to order the beads off ebay or get them from the craft store themselves haha!

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  50. Unless you get a cease and desist letter from their attorney, I wouldn't budge.

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  51. Oh . . so they stole idea and trying to force others to use the name? Nice :)

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  52. how can you claim a design? :S
    soon are we not allowed to use polka dots? :S

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    1. Lol... I work for a company that has a "Polka Dot" polish... Surely we will NOT threaten anyone who wants to use it or polka dots in their blogs! lol

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  53. What a joke. I will be promptly removing my links to Ciate from my Youtube video where I mentioned them in relation to Adele's manicures. It has tens of thousands of views, no more free publicity for you Ciate.

    Glad they made the decision of whether or not to check out their stuff when it comes to USA/Sephora for me!

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  54. Wow. I think they shot themselves in the foot with this one. Haven't bought anything Ciate yet, and I won't be now. They just saved me some money.

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  55. I'm laughing all the way from Portugal! That's how far this stupidity has arrived.
    Ciaté is totally pissed off 'cause I, for once, can recreate their look for .50 cents.
    Will they sue craft stores for selling material that enables a copy of their "patent"?
    AH AH AH... really... what next, I wonder?!
    On my post I went as far as saying their method sucks ass, and my .50 cent version of it is much faster ands cleaner (http://fazendoesmalterapia.blogspot.pt/2012/04/unhas-de-caviar.html)... shaking in my boots as we speak!! (yep, irony)

    (will become a follower of your blog right now)

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    1. love it!!! this is exactly what I said!!!

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  56. Ordered beads from ebay to show support . I suggest others do the same :)

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  57. LOL I did a "fish egg manicure" post this week. I didn't even know they were all up in arms about the use of the word caviar( waiting on my email LOL). Ciaté is full of it, there is a nail blog post about almost every nail trend, and many show people how to do it on the cheap. Really bad PR move for them, I hope Sephora is watching and decides NOT to carry that product. Please make sure you update us when you talk to your lawyer friend.

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  58. You don't even have to order beads from ebay....you can get tons of beads without shipping or a wait from Michael's, JoAnn's ( in the US) or really any craft shop. Most craft shops carry their own brands, and Martha Stewart make some too....even some cool neon beads.

    Got mine from Michael's.... http://bayareastylefile.blogspot.com/2012/04/nailed-it-blue-caviar_09.html

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  59. I think this definitely makes them look like douchebags. Some people like to buy premade "kits", so posts like yours would've just made their (over priced) kit looked at more by people who would've liked the convenience. Now, I have no interest in them at all. Too bad. What's next? Is someone going to copyright the "French Manicure"? Lame Ciate...lame!

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  60. I've had no more emails from Ciate which is a shame because I wanted to see what they had to say. Have any more people had emails from them yet? My friend pretty much suggested what has already been suggested and that is to oppose the application for trademark. Not entirely sure what the process is... maybe some of you guys have more experience... xx

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  61. wow, that is so pathetic. :P

    What other reactions already said is true: As long as the process of completing the registration of the trade mark hasn't finished yet, they cannot act on someone else using it. The down side is that it doesn't always matter who invented the manicure first, if the Trade Marks Registry allows their claim, they get it unless someone else objects (in this case f.e. Dashing Diva).

    The other things which I am wondering, is this: I think the trademark is supposed forbid other people to SELL other products under the name 'Caviar Manicure'. It doesn't serve to forbid all people everywhere to describe something by that same name, that would be impossible! So I don't think you could be sued in any situation...

    Bad PR, Ciaté!

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  62. I think opposing the trademark is an excellent idea. I have no idea how to go about doing that, though.

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  63. Sorry I couldn't keep my mouth shut... this is what I posted on Ciate's fb page and this is what they had to say to me..... https://www.facebook.com/loveciate/posts/10150956507598298

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    1. I've had to reply with a long rant, really not happy!

      But I think Mnemo above is right: "I think the trademark is supposed forbid other people to SELL other products under the name 'Caviar Manicure'. It doesn't serve to forbid all people everywhere to describe something by that same name, that would be impossible!"

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  64. come on fellow bloggers and let's unite! stick it to ciate and post your CAVIAR MANI on friday april 13!! don't forget to tell everyone. i tweeted it so no one is left out. lol stupid ciate.

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  65. This is wrong, but there's many other companies doing these kind of sucker-PR...why they simply can forget about the users? Nonsense.

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  66. My best friend told me about this:

    http://kotaku.com/5813213/the-total-defeat-of-the-man-who-said-he-owned-the-word-edge

    Not entirely the same situation but interesting nonetheless

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  67. WOW unbelievable how a company can be so ignorant! I hope everyone who reads this blog decides to not associate themselves with that Ciate!!!

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  68. This is utterly ludicrous lol. So they are sending out C&D on an innovation that wasn't even their's in the 1st place? and furthermore have not even trademarked it yet, It just goes to show the thought process of the people running the company, what an absolute blunder on their part.

    Has anyone forwarded this info to the originator, 'dashing diva'....I'm new to the nail art world, but as an admirer, I think you should all unite and show them what. Damn, I'm contemplating writing my first blog covering this story lol. Utter NONSENSE.

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  69. It shows Ciate is so behind in nailart creativity they thought they came up with something new! Lol! :)

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  70. Seriously? Well, Ciate just got bumped from my wishlist and I won't be purchasing any of their polishes. Don't they understand the damage they do themselves by pissing off an entire blogging community?

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  71. It's really pathetic. I will be boycotting their products. They honestly have no idea what damage they have done!

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  72. WOW - arrogant much? I hope someone sends them the "caviar nails" post from last year and tells them to shove their trademark up their arse. :)

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  73. Any updates on this?

    I wasn't going to post any fish eggs (just do them for myself and leave the pictures up those who have history with it) but now I want to so I can link to this page!

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    1. No updates. Ciate have not emailed me again...

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  74. Pattie Yankee posted Apr. 17th on her twitter: Anyone that can help me out by researching any past press on #caviarmanicure associated with my name, plz send to pattie@pattieyankee.com

    Later in the day she then posted this: @MichelleMoody Gathering info. May need to legally pursue the pilferage of the "caviar" mani name.

    Plz show her your support and retweet these. :)

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  75. Actually, the "caviar" look goes further back. I recall seeing it in a Nailpro magazine years ago (before 2010) among the images sent in by professional manicurists. It's certainly not new so I still don't get how can they trademark something they didn't create.

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  76. I know this is an old thread but i think you handled it perfectly. I know first hand what its like when companies threaten to do something because you mentioned something or told the truth. I think what you did was amazing. Thank you x

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