Month: February 2018

A company’s value is often tied to the message it portrays to customers. But what happens when other companies try to take advantage of your brand?

Take the Philadelphia Eagles, for instance. The American football team wants to exclusively own the phrase: “Philly Special.” That was the trick play that helped them win the Super Bowl, and the Philly Special is, by far, the most talked-about play of the Super Bowl.

Watch the play here:

It is a gutsy move. In football-speak, it is a direct-snap reverse pass to quarterback Nick Foles, who usually throws the ball. But the coach gives the OK, and Foles tells his teammates the plan in the huddle.

The team lines up, Foles runs up the field. Tight end Trey Burton throws the football, and Foles catches it in the end zone for a touchdown.

“Play of the century”

Now, the phrase, ‘Philly Special,’ has turned into a city-wide phenomena. Bakeries are making Philly Special pastries. Some people are getting the words or even a sketch of the play tattooed on themselves.

And stores, like Ashley Peel’s Philadelphia Independents, cannot keep enough Philly Special T-shirts in stock.

“It’s the ‘Nick Foles play of the century,’ as I’m dubbing it from the Super Bowl,” Peel said. “It has a layout of the [specifics] from the play. We just got it in and we’re almost already sold out of it. It’s definitely moving well.”

It’s moving well, even as several entrepreneurs are competing to be awarded a trademark — in other words, exclusive rights — to the phrase.  Many of the businesses filed their own trademark applications ahead of the Eagles.

“I do have a client that’s applied for the mark, ‘Philly Special,’” said Philadelphia-based lawyer Nancy Rubner Frandsen.

She filed a trademark application on behalf of a company called Whalehead Associates. She can’t comment too much about the application without violating attorney-client privilege, but admits the phrase goes beyond a football play.

“Obviously it brings everyone together, it was our Super Bowl championship that brought it all about,” she said. “It’s got the term ‘Philly’ in it — from the trademark standpoint, it would be deemed to be descriptive. But then you combine it with the term, ‘Special,’ and it could make a very unique trademark.”

Some of the other businesses that want to trademark the term include a sandwich maker, a gift shop manufacturer … and the Philadelphia Eagles. The team was actually the last to file a trademark application. Even so, experts say, it’s likely the rights will be awarded to the Eagles.

Newsjacking

“This particular term, ideally, should belong to the Eagles,” said Dr. Jay Sinha, an associate marketing professor at Temple University in Philadelphia.

He added the phenomenon around ‘Philly Special’ is not the first time there’s been a rush to trademark a term after a big event, like the Super Bowl. And it’s even got a name: ‘newsjacking.’

“The term, newsjacking, means where a company rides or takes advantage of some event happening in current affairs and uses it for their own commercial purposes, especially for marketing in branding,” Sinha said.

For example, think of famous movie lines, like: ‘May the force be with you,’ from “Stars Wars.” When sequels are released, other companies often try to take advantage of the film’s popularity for marketing purposes, like an ice cream shop that posts a sign reading, ‘May the swirl be with you.’

“If there’s anything which is relevant in popular culture as well as the news, companies like to ride on it,” Sinah said.

In this case, it likely will be several months before the U.S. Patent Office announces who will be awarded the rights to the now famous phrase. By then, though, another Super Bowl will be approaching and the excitement of the Philly Special could be fading.
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Two major U.S. retailers changed their gun sales policies Wednesday in the fallout over a Florida high school massacre.

Walmart, the country’s biggest retailer, announced it is raising the age restriction for buying guns and ammunition to 21.

“We take seriously our obligation to be a responsible seller,” it said in a statement. 

Walmart is also dropping toys and other items that resemble assault-style weapons from its website. The retail giant stopped selling assault-style guns in 2015 and does not sell handguns except for its stores in Alaska.

Earlier Wednesday, Dick’s Sporting Goods announced it would no longer sell assault-style rifles or any gun to anyone younger than 21.

The chain went one step further and urged Congress to ban assault-style weapons and raise the minimum age.

The alleged Parkland high school shooter, Nikolas Cruz, used an AR-15.

Dick’s says Cruz had bought a shotgun at one of its stores after going though all the proper procedures, but stressed it was not the exact weapon or the type allegedly used in the Feb. 14 massacre. 

Both Walmart and Dick’s say they are committed to serving sportsmen, hunters, and the majority of gun owners whom they call law-abiding citizens.

WATCH: Dick’s Sporting Goods CEO: ‘We Don’t Want to be a Part of This Story’

The mass shooting of 17 people at Marjory Stoneman Douglas High School has had an impact on the corporate world, which is seemingly taking a close look at nationwide polls that overwhelmingly favor tighter gun laws.

More than a dozen major companies are ending discounts for members of the National Rifle Association (NRA). They include Delta Airlines, Enterprise Rent-A-Car, MetLife Insurance and Best Western Hotels. 

President Donald Trump, who has been a huge supporter of the NRA and whose campaign was a recipient of millions of dollars in NRA funds, said earlier this week that sometimes you just have to fight the NRA.

At a discussion on gun safety with U.S. lawmakers Wednesday, he also accused Republican politicians who have given tepid support for stronger gun laws of being “afraid” of the powerful pro-gun lobby group.
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Growth in China’s manufacturing sector in February cooled to the weakest in more than 11/2 years, raising concerns of a sharper-than-expected slowdown in the world’s second biggest economy this year as regulators tighten the screws on financial risks.

The weakness was driven by disruption to business activity by the Lunar New Year holidays and curbs to factory output from tougher pollution rules, but there are worries of a bigger loss in momentum.

“Although a recovery looks possible in the short-run as the anti-pollution campaign winds down, the risk is still that the economy fares worse this year than is generally expected,” said Julian Evans-Pritchard, senior China Economist at Capital Economics.

Index raises concern

The official Purchasing Managers’ Index (PMI) released Wednesday fell to 50.3 in February, from 51.3 in January. But it remained above the 50-point mark that separates growth from contraction on a monthly basis, the 19th straight month of expansion.

The drop may raise some concerns for China’s leaders as they prepare for the start of the National People’s Congress (NPC) next week where Beijing will unveil its economic targets for this year.

Globally, solid demand has kept many export-reliant economies humming over the past year or so, though a move toward tighter policy in advanced nations could cut into growth this year.

The latest PMI’s subindex of new export orders fell to 49.0, the lowest in at least a year, as the yuan currency appreciated against the dollar.

Chen Zhongtao, an official with China Logistics Information Center (CLIC), said that “13.6 percent of firms reported concerns over the appreciating Chinese currency and greater currency fluctuations,” the highest number of companies to do so since March 2017.

CLIC said in a statement that export sluggishness is expected to continue this year as steel firms are more reluctant to ship goods in the face of rising global protectionism.

Lunar New Year effect

The index for output stood at 50.7, down from 53.5 in January as the Lunar New Year holidays disrupted factory activities, the statistics bureau said. Total new orders also expanded much slower in February.

Raw material input prices fell for the second consecutive month to the lowest since July 2017, indicating cost pressure from price rises on manufacturing firms is easing.

“I think besides the Lunar New Year factor, the stricter pollution measures in the north before the National People’s Congress might have weighed on activities as well,” said Betty Wang, Senior China Economist at ANZ.

Wang expects momentum to pick up in the months ahead as the pollution crackdown tapers off.

Still, there are signs that China may continue with the pollution crackdown, with top steelmaking city of Tangshan proposing new restrictions on production once the current curbs expire in March.

The weeklong Lunar New Year holidays, which fell in February this year but January in 2017, tend to distort data early in the year.

Many factories and offices start to scale back operations ahead of time before shutting for the entire holiday or longer, while some manufacturers front-load shipments or replenish inventories ahead of the break.

Moderating growth in 2018

Boosted by government infrastructure spending, a resilient property market and unexpected strength in exports, China’s manufacturing and industrial firms helped the economy post better-than-expected growth of 6.9 percent in 2017.

A sister survey showed activity in China’s service sector slowed to lowest since October last year in February. The official non-manufacturing Purchasing Managers’ Index (PMI) fell to 54.4 from 55.3 in January.

The services sector accounts for more than half of China’s economy, with rising wages giving Chinese consumers more spending clout.

Chinese policymakers are counting on growth in services and consumption to rebalance their economic growth model from its heavy reliance on investment and exports.

Economists polled by Reuters expected China’s economic growth will moderate to around 6.5 percent this year as the property market cools and as authorities press ahead with a clamp down on riskier financial activity that is driving up borrowing costs.

Analysts and financial markets are widely expecting the government to announce a 2018 growth target of around 6.5 percent at the NPC, the same as last year.

A composite PMI covering both the manufacturing and services activity stood at 52.9 in February, down from January’s reading of 54.6.

“Looking ahead, we think growth is likely to fall short of expectations this year, with many underestimating the headwinds from slower credit growth and a cooling property sector,” Capital Economics’ Evans-Pritchard said.
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The U.S. Commerce Department on Tuesday recommended raising import duties on Chinese-made aluminum foil it said is being sold at unfairly low prices due to improper subsidies to producers.

The ruling was praised by the Aluminum Association, a trade group that pressed the case and said cheap imports were threatening thousands of jobs.

Beijing faces complaints from the United States, European Union and other trading partners that a flood of Chinese aluminum, steel and other exports are being sold at unfairly low prices, threatening jobs abroad.

The Commerce Department said it concluded Chinese exporters were selling aluminum foil at 49 to 106 percent below fair value and were receiving unfair subsidies of 17 to 81 percent of the goods’ value.

Importers will have to post cash bonds to pay potentially higher duties while the recommendation goes to the U.S. International Trade Commission for a final decision, said a Commerce statement.

China’s Ministry of Commerce complained Washington was harming Chinese exporters and said Beijing was ready to take unspecified “necessary measures” to defend its interests.

Beijing has accused Trump’s government of disrupting global trade regulation by taking action under U.S. law instead of through the World Trade Organization.

“China will take necessary measures to defend its interests in response to the wrong practice of the United States,” said a Commerce Ministry official, Wang Hejun, in a statement.

The Trump administration earlier raised duties on Chinese-made washing machines, solar modules and some aluminum and steel products to offset what it said were improper subsidies.

The American Chamber of Commerce in China says Chinese officials have warned of possible unspecified retaliation if Washington took excessive steps in trade disputes.
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U.S. President Donald Trump has reached an agreement with the Boeing Co to provide two Air Force One planes for $3.9 billion, the White House said on Tuesday.

“President Trump has reached an informal deal with Boeing on a fixed-price contract for the new Air Force One Program,” Deputy Press Secretary Hogan Gidley told Reuters. He said the contract will save taxpayers more than $1.4 billion, but those savings could not be independently confirmed.

Trump has said Boeing’s costs to build replacements for Air Force One aircraft – one of the most visible symbols of the U.S. presidency – were too high and urged the federal government in a tweet to “Cancel order!”

The Boeing 747-8s are designed to be an airborne White House able to fly in worst-case security scenarios, such as nuclear war, and are modified with military avionics, advanced communications and a self-defense system.

“President Trump negotiated a good deal on behalf of the American people,” Boeing said in a news release.

U.S. aerospace analyst Richard Aboulafia said the White House was engaging in “political theater.”

“There’s no evidence of a discount,” said Aboulafia, vice president of analysis at Teal Group.

Earlier this month, the Pentagon released Air Force budget documents for fiscal year 2019 disclosing the $3.9 billion cost for the two-aircraft program. The same 2018 budget document, not adjusted for inflation, showed the price at $3.6 billion.

Boeing would only have so much room to offer discounts given the high proportion of supplier content on Air Force One, from refrigerators to missile warning systems, Aboulafia said by phone.

The big U.S. defense contractor said the deal includes work to develop and build two planes, including unique items such as a communications package, internal and external stairs, large galleys and other equipment.

The “informal deal” will need to be codified in a formal contract with comprehensive, complex terms and conditions said Franklin Turner, a partner specializing in government contracts at law firm McCarter & English, suggesting a final deal was still a ways off.

Boeing stock was up 1.4 percent at $368.54, trading at an all-time high.

 
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Federal Reserve Chairman Jerome Powell, pledging to “strike a balance” between the risk of an overheating economy and the need to keep growth on track, told U.S. lawmakers on Tuesday that the central bank would stick with gradual interest rate increases despite the added stimulus of tax cuts and government spending.

Fed policymakers anticipate three rate increases this year, and Powell gave no indication in prepared remarks to the House Financial Services Committee that the pace needs to quicken even as the “tailwinds” of government stimulus and a stronger world economy propel the U.S. recovery.

“The [Federal Open Market Committee] will continue to strike a balance between avoiding an overheating economy and bringing … price inflation to 2 percent on a sustained basis,” Powell said in prepared remarks for his first monetary policy testimony to Congress as Fed chief.

“Some of the headwinds the U.S. economy faced in previous years have turned into tailwinds,” Powell said, noting recent fiscal policy shifts and the global economic recovery. Still, “inflation remains below our 2 percent longer-run objective. In the (FOMC‘s) view, further gradual rate increases in the federal funds rate will best promote attainment of both of our objectives.”

The testimony sent Powell’s first signal as Fed chief that the massive tax overhaul and government spending plan launched by the Trump administration will not prompt any immediate shift to a faster pace of rate increases. “Gradual” has been the operative word since the Fed began raising rates under Powell’s predecessor, Janet Yellen, in late 2015.

The Fed is expected to approve its first rate increase of 2018 at the next policy meeting in March, when it will also provide fresh economic projections and Powell will hold his first press conference.

“This is a continuation of where this Fed was under Chair Yellen,” said Robert Albertson, principal and chief strategist at Sandler O‘Neill & Partners in New York.

“They are normalizing, they are not tightening … The surprises, if we are going to see them, are going to be after more data comes out in the next month or two,” and accounts for things like the tax cuts and whether business investment spending continues higher, he said.

Market reaction was muted. U.S. stocks were trading slightly lower while the dollar .DXY was stronger against a basket of currencies. Prices of U.S. Treasuries were mixed.

Valuation pressures

Powell’s appearance before the House panel is his first as Fed chief. He used his prepared remarks to strike notes likely to be welcomed by the Republican majority on the panel – including promises of “transparency” and a nod to the monetary policy rules some of them favor.

“I am committed to clearly explaining what we are doing and why we are doing it,” Powell said.

But in his remarks and in a monetary policy report issued to Congress by the Fed last week he also stuck close to a safe script, mentioning none of the new initiatives that some of his colleagues have pushed for, such as a review of the Fed’s system for managing inflation.

That report acknowledged “valuation pressures” in parts of the economy, and noted the recent return of volatility in stock markets.

Though rising long-term interest rates and recent equity market volatility have tightened financial conditions, Powell said, “we do not see these developments as weighing heavily on the outlook for economic activity, the labor market and inflation.”

Rather, “the robust job market should continue to support growth in household incomes and consumer spending, solid economic growth among our trading partners should lead to further gains in U.S. exports, and upbeat business sentiment and strong sales growth will likely continue to boost business investment,” he said.
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Just as “Black Panther” is setting records at the box office, a new study finds that diverse audiences are driving most of the biggest blockbusters and many of the most-watched hits on television.

UCLA’s Bunche Center released its fifth annual study on diversity in the entertainment industry Tuesday, unveiling an analysis of the top 200 theatrical film releases of 2016 and 1,251 broadcast, cable and digital platform TV shows from the 2015-2016 season. Among its results: minorities accounted for the majority of ticket buyers for five of the top 10 films at the global box office, and half of ticket buyers for two more of the top 10.

“There has been some progress, undeniably. Things are not what they were five years ago,” said Darnell Hunt, director of the center, which focuses on African American studies, at the University of California, Los Angeles. “People are actually talking about diversity today as a bottom-line imperative as opposed to just the right thing to do. We’ve amassed enough evidence now that diversity does, in fact, sell.”

Minorities make up nearly 40 percent of the U.S. population, but Hispanic and African-American moviegoers over-index among moviegoers. According to the Motion Picture Association of America, Latinos make up 18 percent of the U.S. population but account for 23 percent of frequent moviegoers. Though African Americans are 12 percent of the population, they make up 15 percent of frequent moviegoers.

UCLA found that films with casts that were 21 to 30 percent minority regularly performed better at the box office than films with the most racially and ethnically homogenous casts.

Hunt believes that the wealth of data, as well as box-office successes like “Black Panther,” have made obvious the financial benefits of films that better reflect the racial makeup of the American population.

“I think the industry has finally gotten the memo, at least on the screen in most cases, if not behind the camera,” said Hunt. “That’s where there are the most missed opportunities.”

The report, titled “Five Years of Progress and Missed Opportunities,” covers a period of some historic high points for Hollywood, including the release of the best picture-winning “Moonlight,” along with fellow Oscar nominees “Hidden Figures” and “Fences.”

But researchers found the overall statistical portrait of the industry didn’t support much improvement in diversity from 2015 to 2016.

“With each milestone achievement, we chip away at some of the myths about what’s possible and what’s not,” said Hunt. “Every time a film like this does really well, every time we see a TV show like ‘Empire,’ it makes it harder for them to make the argument that you can’t have a viable film with a lead of color. Or you can’t have a universally appealing show with a predominantly minority cast. It’s just not true anymore because the mainstream, itself, is diverse.”

Some of the largest disparities for minorities detailed by the UCLA report were in roles like film writers (8.1 percent of 2016’s top films) and creators of broadcast scripted shows (7.1 percent). Hunt blamed the lag behind the camera on, among other factors, executive ranks that are still overwhelmingly male.

“It’s a white-male controlled industry and it hasn’t yet figured out how to incorporate other decision-makers of color and women into the process. So you have these momentary exceptions to the rule,” said Hunt, pointing to “Black Panther,” which has grossed $700 million worldwide in two weeks of release.

Such films, he said, show the considerable economic sense of making movies and television series that don’t ignore nearly half of their potential audience.

“It’s business 101,” Hunt said.
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The governor of Sao Paulo and likely centrist presidential candidate Geraldo Alckmin said on Monday that he would privatize Brazil’s state-run oil company Petroleo Brasileiro SA if he wins the elections in October.

Alckmin, who has single digit support in opinion polls, said during a television interview with Band TV that he favored private ownership of Petrobras, as Brazil’s biggest company is known, as long as the sale was conducted within a strict regulatory framework.

Once a taboo issue in Brazilian politics because of national sovereignty concerns, the privatization of Petrobras is set to become a campaign issue this year as Brazil struggles to bring an unsustainable budget deficit under control.

Brazil’s left fiercely rejects the sale of Petrobras, but the leftist leader leading early opinion polls, former President Luiz Inacio Lula da Silva, will likely be barred from running because of a corruption conviction and there are no obvious politicians who can fill his shoes.

It is not clear where the far right candidate Jair Bolsonaro, who is currently second in opinion polls, stands on relinquishing state control of Petrobras.

But his economic policy advisor Paulo Guedes told Valor newspaper in an interview published on Monday that he favored selling all state companies to raise 700 billion reais that would help pay off one fifth of Brazil’s public debt.
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The Trump Organization said Monday it has made good on the president’s promise to donate profits from foreign government spending at its hotels to the U.S. Treasury, but neither the company nor the government disclosed the amount or how it was calculated.

Watchdog groups seized on the lack of detail as another example of the secrecy surrounding President Donald Trump’s pledges to separate his administration from his business empire.

“There is no independent oversight or accountability. We’re being asked to take their word for it,” said Noah Bookbinder, executive director of Citizens for Responsibility and Ethics in Washington. “Most importantly, even if they had given every dime they made from foreign governments to the Treasury, the taking of those payments would still be a problem under the Constitution.”

Trump Organization Executive Vice President and Chief Compliance Counsel George Sorial said in a statement to The Associated Press that the donation was made on Feb. 22 and includes profits from Jan. 20 through Dec. 31, 2017. The company declined to provide a sum or breakdown of the amounts by country.

Sorial said the profits were calculated using “our policy and the Uniform System of Accounts for the Lodging Industry” but did not elaborate. The U.S. Treasury did not respond to repeated requests for comment.

Watchdog group Public Citizen questioned the spirit of the pledge in a letter to the Trump Organization earlier this month since the methodology used for donations would seemingly not require any donation from unprofitable properties receiving foreign government revenue.

Robert Weissman, president of Public Citizen, said that the lack of disclosure was unsurprising given that the Trump’s family businesses have “a penchant for secrecy and a readiness to violate their promises.”

“Did they pay with Monopoly money? If the Trump Organization won’t say how much they paid, let alone how they calculated it at each property, why in the world should we believe they actually have delivered on their promise?” Weissman said.

Ethics experts had already found problems with the pledge Trump made at a news conference held days before his inauguration because it didn’t include all his properties, such as his resorts, and left it up to Trump to define “profit.” The pledge was supposedly made to ameliorate the worry that Trump was violating the Constitution’s emoluments clause, which bans the president’s acceptance of foreign gifts and money without Congress’ permission.

Several lawsuits have challenged Trump’s ties to his business ventures and his refusal to divest from them. The suits allege that foreign governments’ use of Trump’s hotels and other properties violates the emoluments clause.

Trump’s attorneys have challenged the premise that a hotel room is an “emolument” but announced the pledge to “do more than what the Constitution requires” by donating foreign profits at the news conference. Later, questions emerged about exactly what this would entail.

An eight-page pamphlet provided by the Trump Organization to the House Oversight Committee in May said that the company planned to send the Treasury only profits obviously tied to foreign governments, and not ask guests questions about the source of their money because that would “impede upon personal privacy and diminish the guest experience of our brand.”

“It’s bad that Trump won’t divest himself and establish a truly blind trust, and it’s worse that he won’t be transparent,” said Rep. Elijah Cummings, D-Maryland, ranking member on the House Oversight Committee. He called the Republicans refusal to do oversight, such as subpoena documents, that would shed light on Trump’s conflicts of interest “unconscionable.”
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Greece entered a last round of reform talks with creditors Monday, just five months before the country’s massive rescue program ends — and with the government and central bank publicly disagreeing on how to finance the nation after the bailout.

Government officials said the talks with representatives of Greece’s European partners and the International Monetary Fund in Athens would cover privatizations and energy.

But the negotiations were upstaged by a continued spat between Greece’s central bank governor, Yannis Stournaras, and the government over financing policies after the bailout runs out in August. The country will then have to raise money from international investors in bond markets — at a much higher rate than bailout creditors charge.

Stournaras repeated his argument that the government should consider setting up a precautionary credit line from the bailout rescuers that would secure the country — and its banks — cheap funding if needed, particularly as the country’s bonds are still rated well below investment grade. The finance ministry countered that this would create market jitters as to Greece’s ability to finance itself.

“Regardless of intentions, (Stournaras’) position … creates objective doubts regarding the prospects of the Greek economy, increases uncertainty and impedes Greece’s smooth exit from the bailout,” said Franciscos Koutentakis, the ministry’s general secretary for fiscal policy.

Greece signed the first of its three multi-billion euro bailouts in 2010, after it admitted its budget deficit was much higher than initially reported and investors stopped buying Greek bonds.

To secure the funds that kept it solvent, the country has slashed spending and public sector incomes, hiked taxes and extensively reformed its economy.

But the measures worsened a recession that wiped out more than a quarter of the economy and sent unemployment spiraling up by 16 percentage points between 2008 and 2016. The third bailout runs out in August.

Over the past eight months, the country has raised money from bond markets on three occasions through issues that were amply oversubscribed but offered high interest rates to attract investors.

Stournaras argued Monday that the possibility of an official credit line, to be used if needed, “should not be dramatized” as it would lower borrowing costs and “offer security as to state and bank access to financing after the end of the bailout.”

He also warned that the economy would remain under supervision from its European creditors until 75 percent of its debts have been repaid. Presenting the Bank of Greece’s annual report for 2017, Stournaras said economic growth is expected to accelerate to 2.4 percent this year, mostly on the wings of higher tourism receipts and exports.

Also Monday, some 2,000 municipal employees marched through central Athens to protest planned changes in school policy that unions say would threaten jobs in municipally-run kindergartens. Minor scuffles with police broke out outside parliament, but no arrests or injuries were reported.
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