Brooks Bell Interactive, Inc. v. Heap Inc., ncedc:5:2023cv00292

Business consulting and information services; Business monitoring and consulting services, namely, tracking web sites and applications of others to provide strategy, insight, marketing, sales, operation, product design, particularly specializing in the use of analytic and statistic models for the understanding and predicting of consumers, businesses, and market trends and actions; Business management consulting with relation to strategy, marketing, sales, operation, product design particularly specializing in the use of analytic and statistic models for the understanding and predicting of consumers, businesses, and market trends and actions; Business consulting services in the field of consumer behavior; Consulting services in the field of search engine optimization for sales promotion; Computerized market research services; Market research and business analyses; Web site optimization; Web site analytic services in the nature of web site optimization consulting; Marketing consulting, namely, monitoring, testing, analyzing, and reporting on consumer traffic and marketing content of the web sites of others; Consulting services in the field of e-commerce website optimization, namely, assessing the maturity of e-commerce website optimization and experimentation programs for the purpose of enhancing sales and user experience; Consulting services in the field of website optimization and marketing consulting services on experimental marketing programs; Consulting services in the field of e-commerce website optimization, namely, assessing data and providing feedback on test performance and industry trends; Web site optimization; Consulting services in the field of website optimization and marketing consulting services on digital experimentation programs and web site conversion optimization and personalization; Web site optimization consultation, namely, guiding users to generate anticipated customer insights based upon their digital experiment hypotheses;

Software as a service (SAAS) services featuring software for behavioral economics research, digital experimentation, market research, business metrics, return on investment analytics and market testing; Software as a service (SAAS) services featuring software for use in case studies, business analytics and report creation for use in behavioral economics research, digital experimentation, market research, business metrics, return on investment analytics and market testing; Software as a service (SAAS) services, namely, hosting software for use by others for use in case studies, business analytics and report creation for use in behavioral economics research, digital experimentation, market research, business metrics, return on investment analytics and market testing; Software as a service (SAAS) services featuring software for web analytics to host software that collects, manages, integrates, analyzes, monitors, and tracks the performance of websites through web user behavior; Providing on-line non-downloadable software for tracking website traffic, e-commerce activity, customer loyalty, and sales conversion rates; Computer services, namely, monitoring, testing, analyzing, and reporting on the Internet traffic control and content control of the web sites of others; Software as a service (SAAS) services featuring software for use in tracking web sites and applications of others to provide strategy, insight, marketing, sales, operation, product design, particularly specializing in the use of analytic and statistic models for the understanding and predicting of consumers, businesses, and market trends and actions; Technological analysis services, namely, providing computer services where users perform and test digital experiment hypotheses to gain insights and develop consumer theories for use in supporting and enhancing consumer insight data in the field of consumer behavior, social media and advertising; Software as a service (SAAS) services featuring software and software tools for use in ecommerce environments that allows users to perform and test digital experiment hypotheses for the purpose of gathering data and insights from end user consumers; Providing Online Non-Downloadable Software and software tools for use in ecommerce environments that allows users to perform and test digital experiment hypotheses for business intelligence development and for strategic business planning; Software as a service (SAAS) services featuring software and software tools for use in ecommerce environments that allows users to perform and test digital experiment hypotheses for web site conversion optimization and personalization; Consulting services in the field of digital experiment hypothesis software and web site conversion optimization and personalization;

Conducting tradeshows, exhibitions and conferences, in the field of online marketing;

Web site optimization; Web site analytic services in the nature of web site optimization consulting; Marketing consulting, namely, monitoring, testing, analyzing, and reporting on consumer traffic and marketing content of the web sites of others; Maintaining a repository of digital data for others, namely, providing an online database in the field of business marketing data; Providing an online database in the field of business marketing data, namely, maintaining a repository of data and insights gained from testing and analysis of web sites and web site optimization; Consulting services in the field of web site traffic optimization, namely, monitoring, testing, analyzing, and reporting on the traffic and content and challengers to the control of the web sites of others and delivery of marketing insights gained from the testing related thereto; Web site optimization consultation, namely, testing and analyzing and reporting on the e-commerce web sites of others on campaign performance and conversion data, consumer behavior and traffic behavior; Web site optimization consultation, namely, assessing the maturity of e-commerce website optimization and experimentation programs for the purpose of enhancing sales and user experience; Consulting services in the field of e-commerce website optimization, namely, assessing the maturity of e-commerce website optimization and experimentation programs for the purpose of enhancing sales and user experience; Consulting services in the field of website optimization and marketing consulting services on experimental marketing programs; Consulting services in the field of e-commerce website optimization, namely, assessing data and providing feedback on test performance and industry trends;

Business consulting and information services; Business monitoring and consulting services, namely, tracking web sites and applications of others to provide strategy, insight, marketing, sales, operation, product design, particularly specializing in the use of analytic and statistic models for the understanding and predicting of consumers, businesses, and market trends and actions; Business management consulting with relation to strategy, marketing, sales, operation, product design particularly specializing in the use of analytic and statistic models for the understanding and predicting of consumers, businesses, and market trends and actions; Business consulting services in the field of consumer behavior; Consulting services in the field of search engine optimization for sales promotion; Computerized market research services; Market research and business analyses; Web site optimization; Web site analytic services in the nature of web site optimization consulting; Marketing consulting, namely, monitoring, testing, analyzing, and reporting on consumer traffic and marketing content of the web sites of others; Consulting services in the field of e-commerce website optimization, namely, assessing the maturity of e-commerce website optimization and experimentation programs for the purpose of enhancing sales and user experience; Consulting services in the field of website optimization and marketing consulting services on experimental marketing programs; Consulting services in the field of e-commerce website optimization, namely, assessing data and providing feedback on test performance and industry trends; Web site optimization; Consulting services in the field of website optimization and marketing consulting services on digital experimentation programs and web site conversion optimization and personalization; Web site optimization consultation, namely, guiding users to generate anticipated customer insights based upon their digital experiment hypotheses; Business consulting services in the field of web site optimization training personalization;

Software as a service (SAAS) services featuring software for behavioral economics research, digital experimentation, market research, business metrics, return on investment analytics and market testing; Software as a service (SAAS) services featuring software for use in case studies, business analytics and report creation for use in behavioral economics research, digital experimentation, market research, business metrics, return on investment analytics and market testing; Software as a service (SAAS) services, namely, hosting software for use by others for use in case studies, business analytics and report creation for use in behavioral economics research, digital experimentation, market research, business metrics, return on investment analytics and market testing; Software as a service (SAAS) services featuring software for web analytics to host software that collects, manages, integrates, analyzes, monitors, and tracks the performance of websites through web user behavior; Providing on-line non-downloadable software for tracking website traffic, e-commerce activity, customer loyalty, and sales conversion rates; Computer services, namely, monitoring, testing, analyzing, and reporting on the Internet traffic control and content control of the web sites of others; Software as a service (SAAS) services featuring software for use in tracking web sites and applications of others to provide strategy, insight, marketing, sales, operation, product design, particularly specializing in the use of analytic and statistic models for the understanding and predicting of consumers, businesses, and market trends and actions; Technological analysis services, namely, providing computer services where users perform and test digital experiment hypotheses to gain insights and develop consumer theories for use in supporting and enhancing consumer insight data in the field of consumer behavior, social media and advertising; Software as a service (SAAS) services featuring software and software tools for use in ecommerce environments that allows users to perform and test digital experiment hypotheses for the purpose of gathering data and insights from end user consumers; Providing Online Non-Downloadable Software and software tools for use in ecommerce environments that allows users to perform and test digital experiment hypotheses for business intelligence development and for strategic business planning; Software as a service (SAAS) services featuring software and software tools for use in ecommerce environments that allows users to perform and test digital experiment hypotheses for web site conversion optimization and personalization; Consulting services in the field of digital experiment hypothesis software and web site conversion optimization and personalization;

Business consulting and information services; Business monitoring and consulting services, namely, tracking web sites and applications of others to provide strategy, insight, marketing, sales, operation, product design, particularly specializing in the use of analytic and statistic models for the understanding and predicting of consumers, businesses, and market trends and actions; Business management consulting with relation to strategy, marketing, sales, operation, product design particularly specializing in the use of analytic and statistic models for the understanding and predicting of consumers, businesses, and market trends and actions; Business consulting services in the field of consumer behavior; Consulting services in the field of search engine optimization for sales promotion; Computerized market research services; Market research and business analyses; Web site optimization; Web site analytic services in the nature of web site optimization consulting; Marketing consulting, namely, monitoring, testing, analyzing, and reporting on consumer traffic and marketing content of the web sites of others; Consulting services in the field of e-commerce website optimization, namely, assessing the maturity of e-commerce website optimization and experimentation programs for the purpose of enhancing sales and user experience; Consulting services in the field of website optimization and marketing consulting services on experimental marketing programs; Consulting services in the field of e-commerce website optimization, namely, assessing data and providing feedback on test performance and industry trends; Web site optimization; Consulting services in the field of website optimization and marketing consulting services on digital experimentation programs and web site conversion optimization and personalization; Web site optimization consultation, namely, guiding users to generate anticipated customer insights based upon their digital experiment hypotheses; all of the foregoing excluding testing by psychological type theory for the selection, professional development and advising on staff, and psychometric testing for the selection, professional development and advising on staff or personnel, and conflict and stress management and personnel recruitment and evaluation through psychological testing, particularly performed on the basis of psychological type theory and of psychometric testing;

Software as a service (SAAS) services featuring software for behavioral economics research, digital experimentation, market research, business metrics, return on investment analytics and market testing; Software as a service (SAAS) services featuring software for use in case studies, business analytics and report creation for use in behavioral economics research, digital experimentation, market research, business metrics, return on investment analytics and market testing; Software as a service (SAAS) services, namely, hosting software for use by others for use in case studies, business analytics and report creation for use in behavioral economics research, digital experimentation, market research, business metrics, return on investment analytics and market testing; Software as a service (SAAS) services featuring software for web analytics to host software that collects, manages, integrates, analyzes, monitors, and tracks the performance of websites through web user behavior; Providing on-line non-downloadable software for tracking website traffic, e-commerce activity, customer loyalty, and sales conversion rates; Computer services, namely, monitoring, testing, analyzing, and reporting on the Internet traffic control and content control of the web sites of others; Software as a service (SAAS) services featuring software for use in tracking web sites and applications of others to provide strategy, insight, marketing, sales, operation, product design, particularly specializing in the use of analytic and statistic models for the understanding and predicting of consumers, businesses, and market trends and actions; Technological analysis services, namely, providing computer services where users perform and test digital experiment hypotheses to gain insights and develop consumer theories for use in supporting and enhancing consumer insight data in the field of consumer behavior, social media and advertising; Software as a service (SAAS) services featuring software, namely, hosting software for use by others for use in gathering, storing and reporting on confidence level of customer insights obtained through web site conversion optimization and personalization programs; Software as a service (SAAS) services featuring software, namely, hosting software for use by others to perform and test digital experiment hypotheses for business intelligence development and for strategic business planning;