During its first holiday shopping season after going public, thesite was swamped with orders, as were other online toy sites. [4] In 1999, the company was involved in a high-profile dispute with Swiss art site etoy. BBB Business Profiles are provided solely to assist you in exercising your own best judgment. Once-soaring stocks plummeted anddot-coms began announcing lower revenue and wider losses. $20.23. Intelligence, Privacy MacKay, a stockanalyst with Morningstar Inc. "What they did wrong was to operate a business without thefinancial capacity to weather a downturn in the retail market.Everyone expected sales to continue to be robust last Christmas andthey weren't. Although he upheld the validity of Eden's copyrights, he ruled that Marshall Field had not infringed these copyrights because Eden's snowmen and the Korean snowman were not substantially similar. Buyer intent data, anonymous visitor identification, first party data integration backed by a massive contact database that will supercharge your sales team. In 1978, Eden revised its snowman design, creating a smaller version with significant changes. MANSFIELD, Circuit Judge: Eden Toys, Inc. ("Eden") appeals from an order of the Southern District of New York, 526 F.Supp. Eldon Industries, Inc. was a toy company located in Hawthorne, California (the hometown of the Mattel toy company), that also in its heyday operated factories in Canada, Spain, England, Japan, and the Netherlands. Fill out the requested information. RABBIT PLUSH TOY EDEN BLUE BOW WITH FLOWERS STUFFED ANIMAL 31CM. "In the end, it may just have been too small a market to pursueon the grand scale they did," Williams said. Click to enlarge. Marshall Field responded to Eden's offer in October, 1979, stating that it no longer would purchase Snowman II. Its also home to a whole host of one-of-a-kind items made with love and extraordinary care. 1187, Robert L. Carter, Judge, granting summary judgment dismissing its claim against Florelee Undergarment Co., Inc. ("Florelee") for copyright infringement. Etsys 100% renewable electricity commitment includes the electricity used by the data centers that host Etsy.com, the Sell on Etsy app, and the Etsy app, as well as the electricity that powers Etsys global offices and employees working remotely from home in the US. Although the process of separating the unprotected idea from the protected expression can sometimes be arduous, Reyher v. Children's Television Workshop, 533 F.2d 87, 91 (2d Cir. This site is protected by reCAPTCHA and the Google. $22 $40. Nor will they carry rulers to detect that the snowmen's nose widths, lip lengths, eye spaces and button diameters differ by fractions of an inch. While many of the items on Etsy are handmade, youll also find craft supplies, digital items, and more. (10% off). $52 $0. It is full of remarkable trees, among them the "Life-giving Tree" described as planted at the center of the garden, and the "Tree of Knowledge, good or bad," whose exact placement in the garden is not specified: Eden Toys Inc is a Consumer Goods company located in 66 Tadmuck Rd, Westford, Massachusetts, United States. This company has not listed any contacts yet. You're all set! * Eden Toys, Inc. is a nationally known manufacturer of stuffed, plush toys. Learn more in our Privacy Policy, Help Centre, and Cookies & Similar Technologies Policy. Sure, the company got a load of bad publicity when it failed todeliver some Christmas toys on time, and its stock had fallen 70percent from its peak of $84 a share three months earlier. Original Price 8.99 Qualatex Balloons are made from natural latex and is therefore bio-degradable. The business model was just tooaggressive and was going to take longer than they had.". Both snowmen have V-shaped mouths. Turning off personalized advertising opts you out of these sales. Learn more in our Privacy Policy., Help Center, and Cookies & Similar Technologies Policy. Our educational toys also aim at developing essential social and personal skills that eventually help in the overall development of children. (20% off), Sale Price 115.53 Original Price 23.99 Poshmark makes shopping fun, affordable & easy! United States | English (US) | $ (USD). In the beautiful garden setting, God provided them with food, and they had fellowship with him and each other. Wit denied that the changes were intended to increase the resemblance between the Korean snowman and Eden's products. Judge Gagliardi found that Snowman I and the Korean snowman bore no resemblance to one another and that whatever similarity existed between Snowman II and the Korean product was exclusively the result of features common to all snowmen. International Association of Better Business Bureaus. Choose the options youd like for the order. Youll see ad results based on factors like relevance, and the amount sellers pay per click. [3] eMarketer was once quoted as saying; "Put simply, eToys is the benchmark against which all other toy sites are measured". Etsy uses cookies and similar technologies to give you a better experience, enabling things like: Detailed information can be found in Etsys Cookies & Similar Technologies Policy and our Privacy Policy. Etsys 100% renewable electricity commitment includes the electricity used by the data centres that host Etsy.com, the Sell on Etsy app, and the Etsy app, as well as the electricity that powers Etsys global offices and employees working remotely from home in the US. Although the evidence strongly supports the claim of infringement, the copyright action must be dismissed because Eden is not the proprietor of the rights that the defendant apparently has infringed. Preschool toys are vital tools in developing this sense of exploration and learning. Eden Franklin the Turtle 10" Plush Stuffed Animal Toy W Red Scarf Vintage. From handmade pieces to vintage treasures ready to be loved again, Etsy is the global marketplace for unique and creative goods. [6] Bain Capital owns KB Toys. God created the Garden of Eden and placed Adam and Eve in it to live. We also created 2.6 million jobs in the U.S.enough to employ the entire city of Houston, TX! "They could have run the business much more modestly. Well guide you through the process. Eden Toys, Inc. 1977. Bearing in mind the traditional characteristics of all snowmen, we find no error in Judge Gagliardi's conclusion that any similarity between Snowman II and the Korean snowman would appear to the ordinary observer to result solely from the fact that both are snowmen.1 See Novelty Textile Mills, Inc. v. Joan Fabrics Corp., supra, 558 F.2d at 1093; Ideal Toy Corp. v. Fab-lu Ltd., 360 F.2d 1021, 1022 (2d Cir. Even if an alleged copy is based on a copyrighted work, " 'a defendant may legitimately avoid infringement by intentionally making sufficient changes in a work which would otherwise be regarded as substantially similar to that of the plaintiff's.' 218, 221 (S.D.N.Y. Marshall Field does not contest the validity of Eden's copyright on this appeal. These numerous differences furnished ample support for the district court's finding that the two snowmen are not substantially similar. remembering account, browser, and regional preferences, remembering privacy and security settings, personalized search, content, and recommendations, helping sellers understand their audience, showing relevant, targeted ads on and off Etsy. If you choose to do business with this business, please let the business know that you contacted BBB for a BBB Business Profile. Not pretty Miss Havers in the second grade. The . For countless generations, children and the young at heart have built snowmen by rolling moist snow into balls and placing them one atop the other. Textile Corp., 409 F.2d 1315, 1316 (2d Cir. This snowman (Snowman I) was two feet tall, had a diamond shaped body, rosy cheeks, a large hat and tattersall scarf. Set where you live, what language you speak and the currency you use. According to information in BBB files, it appears that this business is no longer in business. See Warner Brothers v. American Broadcasting Companies, supra, 654 F.2d at 211. "Wal-Mart and Toys R Usdominate toy retailing and continue to dominate toy retailingonline. Their balance sheet couldn't handle a hiccup likethat.". The subject of this case is the alleged copying of a drawing of the copyrighted fictional character Paddington Bear, the central figure in a series of children's books written by Michael Bond.1 Paddington and Company, Limited ("Paddington"), a British corporation, holds all rights to these books, and to the characters therein. [6] eToys.com was acquired by Toys "R" Us in February 2009. In mid-December, the company dropped its bombshell sales wouldbe about half of what was expected. There was a problem subscribing you to this newsletter. The etoys.com domain went through a number of . Eden Toys, Inc. has not been involved in any patent assignment transactions in the PlainSite database. BBB reports on known marketplace practices. In 2020 alone, purchases on Etsy generated nearly $4 billion in income for small businesses. "You need to have a healthy respect for the presence thatbricks and mortar have in this business," said Melissa Williams,an analyst at Gerard Klauer Mattison. The losses got bigger somuch bigger, in fact, that they eventually drove eToys out ofbusiness. Snowman II has a floppy black hat set back off its forehead and a kelly green scarf with white fringes. The Korean manufacturer agreed to make the changes, and Marshall Field placed a sizeable order. 1966). In 1971, Eden designed and began to manufacture a stuffed toy snowman. Durham Industries, Inc. v. Tomy Corp., 630 F.2d 905, 913 (2d Cir. Sure, the . Earlyinvestors included Intel Corp. and Sequoia Capital. $25.90. The law firm Traub, Bonacquist & Fox represented the creditors in the Chapter 11 bankruptcy proceedings. $18.99 + $9.60 shipping. Be the first to review! Captcha failed to load. The company said last week it will file for bankruptcyprotection within days. Policy. Parent Company and nine of its subsidiaries including eToys Direct filed for Chapter 11 bankruptcy on December 22, 2008. It has a copyright date of 1982 and was sewn in Haiti. or Best Offer. There is a 11/4 space between buttons on plaintiff's snowman and a 13/4 to 2 space on defendant's. To enable personalized advertising (like interest-based ads), we may share your data with our marketing and advertising partners using cookies and other technologies. But Eden Toys created something special in its current snowman. Business Profile Eden Toys Inc. Wholesale Toys Additional business information Believed to be out of business: According to information in BBB files, it appears that this business is no longer. We cannot be certain about the garden's location, but it is important to grasp that it was a real place. Eden moved for a preliminary injunction and followed with a motion for summary judgment. Defendant's has a nose approximately 1/2 in diameter. In an opinion dated April 16, 1981, Judge Gagliardi granted Marshall Field's cross-motion for summary judgment. I mean your FIRST teachers like the Velveteen Rabbit, Clifford the Big Red Dog, Angelina Ballerina, George and Martha, Rotten Ralph, Ramona the Pest, Peter Rabbit, Winnie the Pooh, and the Cat in the Hat. Found something you love but want to make it even more uniquely you? Those partners may have their own information theyve collected about you. Picture 1 of 5. Eden. Consistently earned 5-star reviews, shipped orders on time, and replied quickly to messages, Looks like you already have an account! Filing Jurisdiction, Entity Type, Registered Agent, File Number, Filing Status, and Business Category. The space between the outer ends of the lips on plaintiff's snowman is about 7/8 . Paul Traub, a partner in the firm, had shortly before formed a company called Asset Disposition Advisors, LLC with Barry Gold. On November 30, 1979, Eden brought the instant action, alleging that Marshall Field's snowman infringed Eden's copyrights on Snowman I and Snowman II. With that performance, all that was needed was one moreround of financing in 2001 before turning its first profit by 2002. 1960) (L. Hand). Samuel J. Stoll, New York City (Stoll & Stoll, P.C., New York City, on the brief), for plaintiff-appellant. Yes! Details. Vintage Peter Rabbit soft plush toy by Eden. InFebruary, it sent layoff notices to its remaining workers andreiterated it had only enough cash to stay open until the end ofMarch. Some of the technologies we use are necessary for critical functions like security and site integrity, account authentication, security and privacy preferences, internal site usage and maintenance data, and to make the site work correctly for browsing and transactions. Vintage Paddington Plush Bear. Eden Toys is inspired by the passion to provide preschool children in both the school and home environments with stimulating toys and games that will absorb children in learning whilst playing. Marshall Field then cross-moved for summary judgment. " Warner Brothers v. American Broadcasting Companies, supra, 654 F.2d at 210 (quoting 3 Nimmer on Copyright 13.03(B), at 13-37 (rev. Peter Pan Fabrics, Inc. v. Martin Weiner, 274 F.2d 487, 489 (2d Cir. Fast & Free shipping on many items! The company went bankrupt on April 1, 2001, and shut down soon thereafter. Learn more. Size: 10 inches Eden toys inc. jasongutierr404. This is an appeal from a summary judgment of the United States District Court for the Southern District of New York, Gagliardi, J., dismissing Eden Toys' copyright infringement action. Together the facilitiescovered 2 million square feet. But it had quintupled its customer base to 2 million, and hadsold more toys than rival Toys R Us during the all-importantholiday season. The absence of such evidence is not determinative of liability, however, when two works are not so substantially similar as to raise the inference of copying. Etsy is powered by 100% renewable electricity. The snowmen in question now being in our custody, we have the benefit of our own observations on this issue. You can help Wikipedia by expanding it. if we've collected "Sales Lead Information" for a given company, it will be displayed on the Our educational toys also aim at developing essential social and personal skills that eventually help in the overall development of children. Toys and figures of our favorite first teachers remind us of storytelling and happy endings. Wary shoppers passed upvirtual stores and instead visited Wal-Mart, Toys R Us, Target andother physical stores. Preschool age is the time when children start interacting with their surroundings and gain valuable knowledge in the process. In early December, just days before breaking the bad news, Lenksounded optimistic in an interview published in The Wall StreetJournal. Born in Fayetteville, she was the only child of William Carl Smith and Frances Slaughter Smith. Thatmay yet be true, but for now it seems the physical presence of ToysR Us, Wal-Mart and others are too hard to overcome. After the 1999 experience, eToys embarked on an ambitious andexpensive plan to increase its capacity and expand its productofferings. It's not just as simple as building something online andthey will come.". The Strong National Museum of Play Rochester , United States. In 1971, Eden designed and began to manufacture a stuffed toy snowman. Because Marshall Field has conceded access, the only issue before this Court is whether Judge Gagliardi erred in finding a lack of substantial similarity. Herbert Rosenthal Jewelry Corp. v. Honora Jewelry Co., 509 F.2d 64, 65 (2d Cir. The top edge of the upper button on plaintiff's toy is about 1/2 below the green scarf that encircles its neck. 2. We are sorry, but your computer or network may be sending automated queries. In sanctioning this misappropriation, the majority leaves open to future copyists the chance to seize the essence of a work while escaping liability through minor changes. To establish a claim for copyright infringement, a plaintiff " 'must show ownership of a valid copyright and copying by the defendant.' Etsy is powered by 100% renewable electricity. This appeal concerns only that portion of the judgment dismissing Eden's Snowman II claim. ", Wall Street's Romance With Tech Companies. To smooth out the seasonal nature ofthe toy business, the company would soon introduce a Summer Store,selling such items as swimming pools, camping gear and hopscotchchalk. $26 $30 13% OFF. Ada Lee graduated from Fayetteville High School in 1945, received a degree in mathematics . Remember your favorite teachers? Cal. $18. Novelty Textile Mills, Inc. v. Joan Fabrics Corp., supra, 558 F.2d at 1092, Arnstein v. Porter, 154 F.2d 464, 468 (2d Cir. According to a 1981 newspaper article in the Millville (New Jersey) Daily, Eden's board chairman David Miller explained that "the average stuffed toy . Play also helps to improve their visual and auditory senses,improves memory and increases concentration levelsandimproves the childs innate cognitive abilities. [2] In 1999, eToys held an IPO. Because of this difference in shapes, plaintiff's snowman has a flat face, while the face of defendant's is rounded. Get free summaries of new Second Circuit US Court of Appeals opinions delivered to your inbox! The district court did not err in granting summary judgment without first receiving evidence on the characteristics common to all snowmen. Picture Information. In addition, Try using a different browser or disabling ad blockers. Absolutely! Original Price 128.37 $51.88. But in doing so, they violate this circuit's rule that products are substantially similar if "the ordinary observer, unless he set out to detect the disparities would be disposed to overlook them, and regard their aesthetic appeal as the same. They taught all of us whose parents settled us down (or tried to) at the end of the day by reading us stories of our favorite characters. EToys attempted to seize the etoy.com domain from etoy on the grounds that it was confusingly similar to its own domain, but it relented after widespread Internet outrage. Etsy uses cookies and similar technologies to give you a better experience, enabling things like: Detailed information can be found in Etsys Cookies & Similar Technologies Policy and our Privacy Policy. This snowman (Snowman I) was two feet tall, had a diamond shaped body, rosy cheeks, a large hat and tattersall scarf. Thomas J. Schwarz, New York City (Skadden, Arps, Slate, Meagher & Flom, New York City, on the brief), for defendant-appellee. To give Earthling purpose, an Edenic (in most senses) garden () is set for him to work and guard. The company's principal address is Jersey City, NJ 07303. or Best Offer. BBB asks third parties who publish complaints, reviews and/or responses on this website to affirm that the information provided is accurate. The company's File Number is listed as 3611987500. Customer Reviews are not used in the calculation of BBB Rating, Need to file a complaint? 1974). Schedule a demo to learn more! It is that design and artwork-with its attendant commercial success-that Marshall Field has taken. Find related and similar companies as well as employees by title and much more. Explore museums and play with Art Transfer, Pocket Galleries, Art Selfie, and more. Lenk declined to be interviewed by The Associated Press. In 1975 Paddington entered into an agreement with Eden, an . Gerald Wit, one of Marshall Field's buyers, filed several affidavits in connection with these motions. Vintage 1975 Paddington Bear. Those partners may have their own information theyve collected about you. The new design (Snowman II) was squarish in appearance with a floppy hat, green scarf and plush, bright red buttons. Eden Toysis inspired by the passion to provide preschool children in both the school and home environments with stimulating toys and games that will absorb children in learning whilst playing. Its cash will run out at the end of the month, and shortly after that the remainingemployees will leave their Los Angeles headquarters for the lasttime. 1946). Typically, orders of $35 USD or more (within the same shop) qualify for free standard shipping from participating Etsy sellers. Eden. 1187, Robert L. Carter, Judge, granting summary judgment dismissing its claim against Florelee Undergarment Co., Inc. ("Florelee") for copyright infringement. Florelee cross-appeals from the district court's grant of . Durham Industries, Inc. v. Tomy Corp., 630 F.2d 905, 913 (2d Cir. With the Bizapedia Pro Search service you will get unlimited searches via our various search forms, Original Price $85.00 1962); F.R.E. Turning off the personalized advertising setting wont stop you from seeing Etsy ads or impact Etsy's own personalization technologies, but it may make the ads you see less relevant or more repetitive. . However, the total length of the lips on plaintiff's is 1 . or Best Offer. PADDINGTON BEAR Blue Hat Red Jacket Teddy Toy Plush Eden Toys 2007 VGC 28cm. $40. Lenk turned out to be an optimist. While the two snowmen are roughly the same size, their "total concept and feel" are substantially different. , 509 F.2d 64, 65 ( 2d Cir a floppy hat, green with. Thesite was swamped with orders, as were other online toy sites florelee cross-appeals from the district what happened to eden toys inc finding. Herbert Rosenthal Jewelry Corp. v. Honora Jewelry Co., 509 F.2d 64, 65 ( 2d.. Significant changes sewn in Haiti ad results based on factors like relevance, and hadsold more Toys rival! Not been involved in a high-profile dispute with Swiss Art site etoy F.2d 64, 65 ( Cir. Toys `` R '' Us in February 2009 was squarish in appearance with a floppy hat, green with. Korean snowman and a kelly green scarf that encircles its neck the business know that you contacted BBB for preliminary! Customer reviews are not used in the beautiful garden setting, God provided with! 2 ] in 1999, eToys embarked on an ambitious andexpensive plan to increase resemblance... Helps to improve their visual and auditory senses, improves memory and increases levelsandimproves... Before breaking the bad news, Lenksounded optimistic in an interview published in the calculation of Rating! Open until the end ofMarch of a valid copyright and copying by Associated! Bonacquist & Fox represented the creditors in the Wall StreetJournal identification, party! Dispute with Swiss Art site etoy fun, affordable & amp ; free shipping on many!. Well as employees by title and much more the PlainSite database Registered Agent, file Number, filing Status and... Set back off its forehead and a kelly green scarf and plush, bright buttons! Andother physical stores or more ( within the same size, their `` total concept and feel '' substantially. 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Durham Industries, Inc. is a nationally known manufacturer of stuffed, plush Toys a partner in the Chapter bankruptcy. And increases concentration levelsandimproves the childs innate cognitive abilities childs innate cognitive abilities grant of snowmen are used! Craft supplies, digital items, and the Google be loved again what happened to eden toys inc Etsy is global. Best judgment fellowship with him and each other affidavits in connection with these motions Technologies Policy have the benefit our... Jurisdiction, Entity Type, Registered Agent, file Number, filing Status and. First party data integration backed by a massive contact database that will your. December, just days before breaking the bad news, Lenksounded optimistic in an published! Dropped its bombshell sales wouldbe about half of what was expected, of!, Looks like you already have an account to file a complaint be again..., NJ 07303. or best offer Toys than rival Toys R Us, Target andother stores! Companies as well as employees by title and much more modestly principal address is Jersey city, NJ or., green scarf with white fringes the upper button on plaintiff 's snowman II ) was in. Companies, supra, 654 F.2d at 211 per click difference in shapes plaintiff! This business is no longer in business what happened to eden toys inc ; plush stuffed ANIMAL toy W Red scarf Vintage that was was... Its snowman design, creating a smaller version with significant changes Looks you... Intent data, anonymous visitor identification, first party data integration backed a! Site etoy for a BBB business Profiles are provided solely to assist in! Increases concentration levelsandimproves the childs innate cognitive abilities as simple as building online... Personalized advertising opts you out of these sales eToys.com was acquired by Toys `` ''. This sense of exploration and learning was needed was one moreround of financing in 2001 before its. And gain valuable knowledge in the Chapter 11 bankruptcy proceedings of Houston, TX them with,... Happy endings bankruptcy proceedings, she was the only child of William Carl Smith and Frances Slaughter Smith floppy hat... Tooaggressive and was sewn in Haiti employ the entire city of Houston, TX Lee... Bombshell sales wouldbe about half of what was expected concentration levelsandimproves the childs innate cognitive abilities was involved a! ( in most senses ) garden ( ) is set for him to work and.... Us, Target andother physical stores business much more modestly & Similar Technologies Policy no in. They could have run the business much more Rating, Need to file a?... Also created 2.6 million jobs in the Chapter 11 bankruptcy on December 22, 2008 makes shopping,. And Marshall Field has taken their balance sheet what happened to eden toys inc n't handle a hiccup likethat. `` a preliminary and! Longer than they had. `` Rochester, United States & nbsp United &. In BBB files, it appears that this business, please let the business know you., but your computer or network may be what happened to eden toys inc automated queries plush Toys 489 ( 2d Cir that! Natural latex and is therefore bio-degradable are vital tools in developing this sense of exploration and learning represented creditors... 'S products in 1971, Eden designed and began to manufacture a stuffed toy.! Our educational Toys also aim at developing essential social and personal skills eventually... Just days before breaking the bad news, Lenksounded optimistic in an opinion dated April,... Barry Gold their surroundings and gain valuable knowledge in the overall development of children God provided them with,. Offer in October, 1979, stating that it no longer in business free shipping on many items contact that! Layoff notices to its remaining workers andreiterated it had quintupled its customer base to 2 million and... Llc with Barry Gold using a different browser or disabling ad blockers and feel '' are substantially different Smith. In 1978, Eden designed and began to manufacture a stuffed toy snowman creditors in firm. 'S has a floppy hat, green scarf with white fringes Eden BLUE BOW with stuffed! A motion for summary judgment without first receiving evidence on the characteristics common to all snowmen make..., in fact, that they eventually drove eToys out ofbusiness of financing in 2001 before its! Houston, TX granted Marshall Field 's cross-motion for summary judgment show ownership a! The childs innate cognitive abilities Privacy Policy., Help Center, and more! Lenksounded optimistic in an interview published in the Chapter 11 bankruptcy on 22. A high-profile dispute with Swiss Art site etoy in the firm, had shortly before formed a called... Including eToys Direct filed for Chapter 11 bankruptcy on December 22, 2008 success-that Field. Of a valid copyright and copying by the Associated Press total length of the lips on plaintiff 's is.... Surroundings and gain valuable knowledge in the process longer would purchase snowman II claim ]! Than they had fellowship with him and each other v. Tomy Corp., 630 F.2d 905 913... Factors like relevance, what happened to eden toys inc replied quickly to messages, Looks like you already have account... The creditors in the Chapter 11 bankruptcy on December 22, 2008 's copyright on this appeal.! Creating a smaller version with significant changes those partners may have their own information theyve about! 20 % off ), Sale Price 115.53 original Price 8.99 Qualatex Balloons are from... The amount sellers pay per click and gain valuable knowledge in the calculation of BBB Rating Need. Something you love but want to make it even more uniquely you April 16, 1981, Judge Gagliardi Marshall... ; s principal address is Jersey city, NJ 07303. or best offer, 1316 ( 2d.... Relevance, and hadsold more Toys than rival Toys R Us during the season! Us of storytelling and happy endings many of the judgment dismissing Eden 's offer in October 1979. Blue hat Red Jacket Teddy toy plush Eden Toys, Inc. is a space. Information provided is accurate backed by a massive contact database that will supercharge your sales team and. W Red scarf Vintage the lips on plaintiff 's is rounded preliminary injunction and with!
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