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Servicemarks Expert Witnesses

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Antonio R. Sarabia II
3463 Tanglewood Lane
Rolling Hills Estates CA 90274
USA
phone: 310-377-5171
fax: 310-377-5039
APPAREL: During his 25 years of experience, Mr. Sarabia has become intimately familiar with the many business problems - and legal issues - which fashion companies may face. The start of his apparel industry experience was nine remarkable years as part of the senior management of Guess?, Inc. Guess? went through amazing growth during this period, one year alone its sales grew 400%! In these nine years, Guess? transformed from a fad into a mainstay fashion company. Those who were fortunate enough to work there saw a variety of challenges, problems and issues which most apparel companies do not encounter over decades. This incredible environment immersed Mr. Sarabia into a wide array of apparel business matters including apparel designs, design creation, design protection, brand establishment and protection, advertising, domestic and foreign manufacturing, factory monitoring, quality control, export, import, customs issues, product sourcing, corporate structure, apparel company management, including officer and director obligations and performance, domestic and foreign distribution, licensing, trade secrets, personnel, independent sales representatives, retail sales, retail custom
Litigators often reach for doctrines such as res judicata or collateral estoppel to narrow the scope of a case. Res judicata prevents re-litigation of the same claim that was litigated in a prior case. Collateral estoppel prevents re-litigation of the same issue that was decided in a prior case.

EIGHT YEARS AGO Congress decided that the existing means for awarding damages for trademark infringement were not deterring this illegal practice and decided to supplement these measures with statutory damages-a specific range that a court could award even in the absence of proof of a plaintiff's losses or the defendant's profits.

In the last 10 years, the 9th U.S. Circuit Court of Appeals has decided two cases involving naked licensing: Barcamerica International v. Tyfield Importers (9th Cir. 2002) 289 F.3d 589, and Freecyclesunnyvale v. The Freecycle Network (9th Cir. 2010) 626 F.3d 509.

Eight years ago Congress decided that the existing measures of damages for trademark infringement were not deterring trademark infringement. It decided to supplement these measures with statutory damages - a specific range of damages which a court could award even in the absence of proof about plaintiff's losses or defendant's profits.

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Michael Nranian, JD, MBA, MS
10945 Stoney Point
South Lyon MI 48178
USA
phone: 248-376-0338 or 248-446-4052
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Michael Nranian, JD, MBA, MS has over 30 years experience focusing in Product Development, Intellectual Property, Patent Litigation, Legal and Technical Compliance, and Product Liability Litigation. He is a licensed attorney in Michigan, Texas, & the United States Patent and Trademark Office. Mr. Nranian is a Six Sigma Black Belt, Professional Engineer, & Certified Project Management Professional. He has an in-depth background and education in Law, IP, Electrical, Chemical & Computer Engineering, & Business. He has testified extensively as an expert witness in depositions, hearings, and trials in state & federal courts.

Mr. Nranian conducts Product and Technology Analysis, Patentability & Prior Art Research,and provides Technology & Litigation Support for Intellectual Property. His litigation background includes patent infringement / non-infringement under literal infringement and the doctrine of equivalents, patent validity / invalidity, prior art, & file-wrapper estoppel, for both ITC and Federal cases, including Inter Partes reviews. He conducts analysis of patents and products, prepares claim charts, & expert witness reports. This includes testimony and document preparation for cases before state, and federal court jurisdictions, and the International Trade Commission and the Patent Trial and Appeal Board.

Mr. Nranian is thoroughly familiar with all 101, 102, 103, 112, and other enablement and prior art arguments. His experience includes Technology Standards Boards and Licensing Authorities, Antitrust / DOJ, Technology Development and Transfer, Patents, Trademarks, Trade Secrets, and Copyrights, Licensing, Unfair Competition/Trade, False/Deceptive Advertising, & Lanham Act Actions, & Class Actions.

His Product Liability Expert Witness litigation background includes all types of Safety Systems, Electrical Systems, Fires, Accident Reconstruction, and Evaluation of Alternative Designs for Automotive, Medical and other industries. He has over 29 years of experience in Automotive Safety Systems, Sensors, Seatbelts, Airbags / Curtains, Seats, Diagnostic Systems, Crash Recorders, Crash Pulse Analysis, System Diagnostic, Fault Codes, Structure (including roof-crush and door) and front, side & roll-over systems (including sensing and algorithm development) for domestic and international corporations. He is thoroughly familiar with all regulatory (including FMVSS), and corporate due-care requirements, & preemption arguments, occupant kinematics, & injury causation.
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Rob Wallace
Branding Consultant
669 Oradell Ave
Oradell NJ 07649
USA
phone: 917-860-0319
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Rob Wallace has unique expertise in Trademark, Trade Dress, Copyright, Brand Identity and Package Design Infringement. For 30+ years, Rob ran one of the nation's top Brand Identity Strategy and Package Design Resources providing global branding expertise to Fortune 500 companies in virtually all CPG categories. His clients include P&G, Nestle, Pepsico, Unilever, Kraft, Colgate, The Home Depot, Brown-Foreman, Novartis, J&J and more than 30 market leading companies. Manhattan-based, Rob has been an expert witness for important litigation involving:
  • Likelihood of Consumer Confusion, Brand Valuation & Dilution
  • Innovation/Ideation Copyright
  • Package Graphic/Structural Design
  • Product Design
  • Branding Industry Best Practices
  • False Advertising
  • Corrective Advertising
  • and all brand related issues.
Rob has commissioned literally hundreds of consumer surveys and is uniquely qualified to determine the results of all research.

He has worked for attorneys on both the plaintiff and defense sides of his cases. He is effective and efficient with the average project report requiring between 10 and 12 hours.
In the visual circus that has become the retail environment, the icon can be your most effective tool for communicating your brand s message and for connecting with your consumers.

2/14/2013 · Design
Several months ago, a well-respected Fortune 500 consumer products corporation asked its design leader to fire his entire staff and re-hire them under the payroll of one of its pre-press consultants. As a reward for completing this awkward transition, the design manager was, in turn, laid off.

In the past few weeks I have heard marketing directors from three different large consumer packaged goods companies begin a strategic brand identity design discussion with the warning, "My brand needs significant enhancement, but don't to go too crazy.

Today's world is cluttered with messages. In this enviromnent, Rob Wallace urges simplicity. Powerful brands cut through perceptional noise with a memorably iconic and minimalist approach to colors and symbols. Case studies amplify the principles he advocates, and a three-step process outlines specific criteria managers can use to build designs that are visually clean and engaging.

I've spent the better part of 20 years on the package/brand identity design pulpit.With my colleagues in corporate and consultant design, I have tried to spread the gospel of package design's pre-eminent role in communicating the brand's core identity, its emotional essence, and its primary connection to consumers.

Brand extensions are more than twice as likely to succeed as new brands. With mega-brands like Crest extending to more than 80 SKUs in the United States alone and over 300 products worldwide, today's brands are not just expanding-they are hyper-proliferating.

12/9/2009 · Design
A new set of design advocates is needed: individuals & organizations who aren't afraid to weigh the costs of design against marketplace results.

4/5/2009 · Marketing
The value of being the genuine original cannot be overstated. Behaviorists like Malcolm Gladwell and Barry Schwartz recognize that in a sea of newness, we consumers find comfort in brands that are consistent, honest and real. We immediately recognize their familiar identities

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Dr. Larry Chiagouris
333 East 80th Street, Suite 2C
New York NY 10075
USA
phone: 917-902-2610
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Dr. Larry Chiagouris has a rare combination serving as a senior Fortune 500 executive and as an accomplished academician. He has provided expert testimony and written opinions on damages, marketing, advertising, intellectual property issues (including the use of survey research) for plaintiffs & defendants at major national & local firms.

Experience summary:

• Experience evenly divided between plaintiff and defendant engagements over 25 cases

• Several cases include elements of intellectual property issues

• Majority of cases involve elements of consumer behavior or survey research

• Majority of cases involve elements of advertising related strategies and tactics

• Majority of cases involve elements of Internet related tactics

• Majority of cases involve written opinions and depositions

• Written and oral testimony in several Federal District Court jurisdictions

• Engaged by both large multinational law firms and small boutique firms

• Class action cases evenly divided between plaintiffs and defendants

Selected by Agency Magazine as one of 10 best and brightest researchers. He brings extensive experience as a Senior Marketing, Branding and Research Executive responsible for directing major assignments for companies such as AT&T, Campbell Soup, Kraft, Miller Brewing, Peugeot, Pfizer, Prudential and Visa.

He has a Ph.D. in Marketing, is Past Chairman, Advertising Research Foundation and Former Director of the American Marketing Association.



8/7/2009 · Market Research
Survey research is used to provide greater levels of understanding in a wide variety of disputes. Issues such as consumer confusion, misleading advertising claims, disparagement, copyright infringement and trademark disputes can be better assessed as a result of developing and executing survey research. The purpose of this monograph is to aid attorneys in understanding what research standards and guidelines might be relied upon in their use of survey research.

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Weston Anson, Chairman
Jeff Anderson, Director, Valuation & Analytics
7342 Girard Ave.
La Jolla CA 92037
USA
phone: 858-454-9091 (Main) / 408-309-6808 (Jeff Anderson)
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CONSOR® Intellectual Asset Management has been a global industry leader in Intellectual Property valuation, expert witness services, monetization assistance, licensing strategies and more for the last 25 years. CONSOR's core areas of expertise are the valuation, management, and licensing of intangible assets. They are proud to be the only market-based consulting firm specializing in intellectual property.

Litigation Support - CONSOR® offers a variety of services to accommodate a wide range of IP litigation needs, including Expert Witness Services, Intellectual Property Valuation and Damages Analysis, Infringement and Confusion Analysis, Customs and Practices Consulting, and Bankruptcy and Disposition Support. CONSOR's areas of expertise cover all types of IP and intangible assets that can be the subject of litigation, including:
  • Patents & Technology
  • Trademark & Corporate Brand Assets
  • Sports & Events Licensing
  • Celebrities & Publicity Rights
  • Copyrights, Media & Entertainment Assets
  • Estate & Tax-Related Issues
  • Weston Anson Intellectual Property Expert PhotoWeston Anson, Chairman of CONSOR®, is a seasoned Licensing Valuation and Marketing professional with a long history of successful programs at firms such as Booz-Allen & Hamilton, Playboy Enterprises and Hang Ten International. He holds a Masters degree in Business Administration (honors) from Harvard University and is active in all of the major international trademark and intellectual property associations as a speaker and an officer.

    As an important part of his career today, Mr. Anson is a world renowned IP Expert with testifying experience in the United Kingdom, Europe, and in state, federal, tax, bankruptcy, and probate courts in the U.S.; as well as in arbitration and mediation. In trial testimony, multiple depositions, and numerous rule 26 reports, his expertise has been established and reaffirmed. His litigation clients include roughly half of the largest 100 U.S. law firms.

    Mr. Anson's notable cases range from: the largest trademark jury award in history to adidas of $304.6 million; the successful litigation of Woody Allen vs. American Apparel: a $5 million settlement in a right of privacy and publicity case; the Upaid Systems matter: a $70 million settlement in a computer/telecom patent case; and the Chevron-Donzinger/Ecuador case: decision barred Ecuador from collecting a $9.5 billion judgment against Chevron. In addition Mr. Anson has been involved in other famous cases, such as the landmark Jesse Ventura case in which the eighth circuit court of appeals noted “Anson's qualifications are quite impressive, and certainly more so than those of some experts whose testimony this court has permitted.”

    Jeff Anderson Intellectual Property Valuation Expert PhotoJeff Anderson, Director of Valuation & Analytics at CONSOR®, performs Valuations of Intangible Assets and Intellectual Properties for corporate litigation and business / transaction purposes.

    Mr. Anderson’s project work spans the full spectrum of the intellectual property realm. Industries worked on include: software, banking, entertainment, construction, retail, energy, and manufacturing. He has managed projects involving: valuation for litigation; sale / purchase valuation and negotiation; license structuring and negotiation; estate valuation; and valuation in expropriation and foreign markets.

    Specifically, Mr. Anderson has assisted in creating and implementing financial models utilizing extensive ad hoc analysis and statistical methods in determining economic damages for trademark, copyright and patent infringements; breach of contract; tortious interference; and misappropriation of data / information. He has also assisted clients, their legal counsel, and in-house expert witnesses in deposition and trial preparation and strategy.

    View CONSOR's Consulting Profile.
    How have celebrity scents become huge licensing opportunities? Do you smell that? Fee-fi-fo-fum, I smell the growth of celebrity scents. Yes, not only is celebrity licensing in general seeing tremendous growth opportunities, but in particular, the business of licensing celebrity scents is experiencing a steady rise.

    Weston Anson
    The demand for economic damages analysis and valuation for litigation, arbitration, and mediation is ever-growing. Elements of IP and intangible assets affect disputes in nearly every area of law, from real estate to complex software transactions. Expert Witnesses, Valuation & Damages discusses how to best use experts, when to hire them, how to find good ones, and how to test whether they have adequate knowledge.
    Weston Anson
    In a time of great economic, social and political change in the world, intellectual property is more important than ever. Given the current trouble surrounding businesses and portfolios, clients are actively seeking legal guidance and advisement to make wise decisions about intellectual property. IP Valuation and Management is an easy-to-use, concisely thorough reference. This book delves into how intellectual property is defined, grouped, valued, managed and monetized.
    Weston Anson
    Law school prepares students to be lawyers, but once they reach the real world, new attorneys often find they lack needed business knowledge. Not only are they uninformed about the management of their firms, but they are also unprepared to understand the needs of business clients. The Attorney's Guide to the Business Mind tackles this issue head on.
    Weston Anson
    This handbook is intended as a useful document for intangible asset management inquiries, with a special emphasis on licensing, transaction due diligence and bankruptcy. It attempts to help improve the management of companies with underleveraged intangible asset portfolios. Relevant exhibits, case studies, common terms, and a detailed index are also included.
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    Doug Bania, CLP, Founding Principal
    Brian Buss, CFA, Founding Principal
    See Multiple Addresses Below
    CA USA
    phone: San Diego 858-255-4361 Los Angeles 310-975-3145
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    Nevium’s experts are trial-tested IP custom & practice damages experts who take a hands-on approach with all their IP litigation assignments. Whether you are in need of an expert to calculate economic damages as lost profits / unjust enrichment, give an opinion on specific business clauses in a license agreement or to leverage Internet and Social Media analytics to prove or disapprove infringement, Nevium has the experience and expertise.

    Litigation Support:Nevium works closely with C-Level executives, in-house and outside counsel to implement the best possible business strategy that intertwines with the legal strategy. Nevium is part of the team early on in the litigation process assisting with discovery requests and deposition questions. Nevium’s experience and expertise allows the managing attorney to focus on the legal issues knowing that Nevium is proactively taking care of the business side of the case. As experienced Intellectual Property Consultants, they have real-word, hands on IP management, monetization and valuation experience that plays out well in front of a judge and jury.

    Nevium professionals provide IP expert witness testimony related to economic damages in a range of lost profits, unjust enrichment, relief from royalty, reasonable royalty, relief from pay per click, corrective advertising and IP valuation. They author reports and provide testimony for federal and state court claims, arbitration, and mediation related to false endorsement, defamation, infringement and unfair competition.

    Litigation Expertise
    • Trademark Damages
    • Copyright Damages
    • Patent Damages
  • Publicity Rights Damages
  • Defamation Damages
  • Internet and Social Media Damages
  • Areas of Analyses Expertise
    • Lost Profits
    • Relief from Royalty
    • Reasonable Royalty
  • Unjust Enrichment
  • Relief from Pay Per Click
  • Corrective Advertising
  • Past Law Firm Clients
    • Akin Gump Strauss Hauer & Feld
    • Gordon & Rees
    • Higgs Fletcher & Mack
    • Latham & Watkins
    • Pillsbury Winthrop Shaw Pittman
  • Dorsey & Whitney
  • Greenberg Traurig
  • Husch Blackwell
  • McGuireWoods
  • Winston & Strawn
  • Doug Bania IP Expert PhotoDoug Bania, CLP, Founding Principal, has over a twelve years of expertise in managing, valuing and monetizing intellectual property and intangible assets. Mr. Bania has been a named expert in over thirty (30) cases, has been deposed seven (7) times and has testified at trial four (4) times. Mr. Bania was recently called upon to testify in the Pharrell Williams, et al. v. Bridgeport Music, Inc., et al., case as the Plaintiffs’ and Counter-Defendants’ Copyright Apportionment Expert testifying in the area of Damages and Apportionment.

    Mr. Bania’s industry experience ranges from apparel to automotive and publishing to music. Prior to founding Nevium, Doug Bania managed 100s of projects related to brands, intellectual property and the related intangible assets. He has assisted clients in intellectual property matters related to acquisitions, litigation, bankruptcy, tax, estate, family and marital disputes, and licensing.

    Brian Buss Economic Valuation Expert PhotoBrian Buss, CFA, Founding Principal, is a Chartered Financial Analyst with over two decades of experience providing intellectual property and business valuation, expert testimony and transaction advisory. Mr. Buss provide solutions for IP owners, attorneys and licensees both in the United States and overseas. He has a bachelor’s degree in Biology and Economics from Claremont McKenna College and completed the Executive MBA program at San Diego State University.

    An expert in valuation and economic damages calculations, Mr. Buss has valued copyrights, brands, patents and business interests across a wide range of industries from apparel companies to airports and from technology start-ups to global consumer products companies. Often engaged to analyze unique and proprietary assets and their economic impact and contribution to financial results, he works closely with clients and counsel to develop thorough yet clear and understandable analyses.

    San Diego Office
    415 Laurel Street, Suite 341
    San Diego, CA 92101
    Telephone: 858-255-4361
    Email: info@nevium.com
    Los Angeles Office
    9107 Wilshire Blvd., Suite 450
    Beverly Hills, CA 90210
    Telephone: 310-975-3145
    Email: info@nevium.com


    View Nevium's Consulting Profile.
    Most of the existing literature on copyright infringement is concerned with the valuation of intellectual property rather than the apportionment of the value that is directly attributable to the intellectual property asset at issue. Further, few of the currently proposed IP valuation methods and little of the literature addressing the determination of damages appears directly applicable to the case of copyright in the context of artistic productions. Within the creative arts, recorded music offers a particularly complex and interesting case within which to explore this issue, as different portions of the relevant copyright to the recorded song may be held by different persons.

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    Rhonda Harper, MBA
    Owner
    Serving Clients Nationwide
    Dallas TX 75214
    USA
    phone: 800-805-4096
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    "I very strongly recommend Rhonda. She’s great to work with, and her work product is absolutely top-shelf." Greenberg & Traurig, LLP

    * FORTUNE 100 CMO * RESEARCH * GLOBAL AGENCY LEADER * COURT TESTED * PROFESSOR*

    CLIENTS INCLUDE: GREENBERG & TRAURIG, O'MELVANY & MYERS, KIRKLAND & ELLIS, SHACKELFORD MELTON AND MCKINLEY

    Federal and state qualified survey and testimony expert with ten years experience. Deposition and courtroom tested. More than 65 cases: Lanham Act, Misleading Advertising, Defamation, Commercial Reasonableness, and more.

    The former Chief Marketing Officer for Walmart Sam's Club, Ms. Harper's experience also includes executive positions with UPS, Nabisco, Ketchum Public Relations, Johnson & Johnson, and VF Corporation. Harper provided C-suite consulting to Fortune 500 corporations including The Home Depot, Target, Tyson Foods, HSN, IBM, and more.

    Harper also served as an adjunct Marketing Professor for American University and Fairleigh Dickinson University. She is a sought after speaker: Harvard Business School, Lilly, American Marketing Association, and more.

    Services include: Surveys, Research, Consulting, Expert Report, Rebuttal Testimony, and Testimony.

    "I worked with Rhonda Harper recently in connection with a trademark infringement matter. I am absolutely convinced that the strength of your report is a significant part of the reason that we were able to achieve a settlement that is very much in our client’s favor." Kevin O'Shea, Shareholder, Greenberg & Traurig, LLP

    http://www.rhondaharperllc.com

    View Consulting Profile.
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    Sidney P. Blum, CPA, CFE, CPEA, CFF
    Los Angeles CA USA
    phone: 818-631-3162
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    Sidney P. Blum, CPA, CFE, CPEA, CFF has over 30 years of professional experience in the areas of Forensic Accounting, Intellectual Property Economic Damages, Royalty Audits, and General Economic Damages.

    Background - Prior to leading SRR's West Coast Litigation Support Practice and the National Royalty & Contract Audit Practice, Mr. Blum served as Chief Audit Officer at Beats Electronics, approximately nine years as an accounting firm Partner including five as a Big 4 Partner, and in-house experience with Fortune 50 companies Occidental Petroleum, Unocal, and the Walt Disney Company where he was a member of the internal audit departments. While with Ernst & Young, he led fraud and forensic investigations nationally for their internal audit practice.

    Mr. Blum is one of five members of the 2016-2017 Board of Regents of the 75,000 member Association of Certified Fraud Examiners. Having lead more than 1,500 forensic investigations, The Association named Mr. Blum Certified Fraud Examiner of the Year in 2012.

    Litigation Support - As a Financial and Economic Damages expert witness, Mr. Blum has worked on matters from simple to more than $100 million complex litigations. He has testified on more than 30 occasions, equally for plaintiffs and defendants, in a wide variety of State, Federal, and USITC matters. Mr. Blum is a Certified Fraud Examiner, Certified Professional Environmental Auditor, and Certified in Financial Forensics by the AICPA.

    Areas of Expertise:
    • Complex Financial Litigation
    • Patents
    • Copyrights
    • Trademarks
    • False Advertising
    • Accountant Malpractice
    • Royalty Auditor Competence
    • Royalty Disputes
    • Wrongful Termination
    • Construction Defect
    • Film Distribution
  • Unfair Competition
  • Oil & Gas Pipelines
  • Personal Injury
  • Product Liability
  • Breach of Contract
  • Business Interuption
  • Class Action
  • Lanham Act
  • Trusts & Estates
  • USITC
  • DMCA
  • View Sidney Blum's Consulting Profile.
    9/13/2016 · Accounting
    Royalty auditing is a niche service that has exploded in popularity over the last 20 years. The primary purpose of a royalty audit is to test whether a licensee has complied with a license agreement or statutory requirement. The royalty auditor is hired by an intellectual property owner (aka, licensor) or minerals owner to inspect the books and records of a licensee primarily to determine if usage-based monetary amounts have been paid as contractually required. In addition to monetary damage calculations, most royalty audits examine for breach of contract in a wide variety of areas, such as intellectual property protection, record keeping, distribution channels, and permitted usage.

    Sidney P. Blum
    This book navigates readers through the nuances of drafting the best possible financial terms for license and other self-reporting agreements and shows how proper monitoring and auditing should occur once a deal is in place. The 2014 Edition includes updated information on how to properly write the financial aspects of royalty contracts to protect the licensor, licensee, and other concerned parties. Additional sample terms and "real-world" agreements have also been included.
    Sidney P. Blum
    This book navigates the nuances of drafting financial terms for license and other self-reporting agreements and shows how proper monitoring and auditing should occur once a deal is in place. This book will modernize and remold how agreements are written and will greatly enhance the bottom line of licensors and other contractors. Lawyers involved in drafting license and other self-reporting contracts typically understand boilerplate provisions but not the financial nuances that are subject to high degrees of interpretation that eventually costs their clients significant money and business relationships.