Heartland Computers, Inc. v. Chief Industries, Inc., ilndc:1:2024cv08178

Technical consultancy in the field of manufacture of computer hardware, and electronic apparatuses used in the field of warehouse management; technical consultancy in the field of manufacture of hardware, apparatuses, and instruments for tracking and identification of goods and people; technical consultancy in the field of hardware, apparatuses, and instruments used for the capture, storage, transmission, reproduction, and output of data; technical consultancy in the field of manufacture of printing apparatuses and instruments, printers, computers, communications and telecommunications apparatuses and instruments, including wireless apparatuses and instruments, and mobile phones;

Exchange services, namely, bartering of barcoding equipment and wireless adapters through a spares pool for others; inventory management in the field of barcoding equipment and wireless adapters; wholesale services by direct solicitation by sales agents featuring new, used, and surplus computer equipment, telecommunications equipment, office equipment, barcode equipment, and wireless adapters; on-line retail store services featuring new, used, and surplus computer equipment, telecommunications equipment, office equipment, and barcode equipment; outsource service provider in the field of business operation and management of a warehouse facility containing wireless equipment; business project management services; retail store services featuring third party computer hardware, software, and electronic apparatuses; consultancy regarding the incorporation of bar code equipment, including wireless equipment related thereto, into retail operations; consulting services in the field of inventory management, namely, optimizing the traceability of goods; consulting services related to warehouse management; consulting services related to warehouse management, namely, cross docking operations;

Consultation about the repair of computer hardware and electronic apparatus; technical support services, namely, troubleshooting in the nature of the repair of computer hardware and electronic apparatus; providing technical support, namely, technical advice concerning the installation, repair, and maintenance of electric and electronic apparatuses, equipment, and devices used for automated and partly automated industrial operations; installation, maintenance, and repair of electronic point-of-sale (POS) systems, mobile phones, tablet computers, smart phones, electronic control circuits for electronic point-of-sale systems, payment terminals, barcode readers, barcode equipment, barcode scanners, and touchscreen monitors for use in warehousing, distribution centers, and manufacturing; installation, maintenance, and repair of computer peripherals; installation, maintenance, and repair of labeling machines, bar code labelers, and printing machines in the field of warehouse management and computer hardware used therewith; installation, maintenance, and repair of hardware and apparatuses and instruments for tracking and identification of goods and people; installation, maintenance, and repair of hardware, apparatuses, and instruments for the capture, storage, transmission, reproduction, and output of data; maintenance and repair of computer hardware; installation, maintenance, and repair of computer peripherals and electronic apparatus; installation of barcode systems integrated with warehouse management systems that print bar code labels and provides automated application of bar code labels onto goods; maintenance and repair of computer hardware, electronic touch screen devices, and wireless electronic devices; installation and maintenance of computer systems for tracing goods; installation and maintenance of mobile computing hardware for maintaining optimal environments in which to transport perishable goods; installation and maintenance of mobile technology, namely, computer hardware and wireless electronic devices for locating and tracking cargo, for establishing electronic proof of delivery of goods; installation and maintenance of mobile technology, namely, computer servers, for locating and tracking cargo, for managing distributors and distribution; installation and maintenance of mobile technology, namely, computer hardware for locating and tracking cargo, for fleet management; installation and maintenance of mobile technology, namely, computer hardware, for enhancing distribution efficiency; installation and maintenance of mobile technology, namely, computer hardware, for managing product storage yards facilities; installation and maintenance of mobile technology, namely, computer hardware, for management of cargo terminals; repair of computer equipment, telecommunications equipment, office equipment, medical equipment, scientific equipment, barcode equipment, electronic point-of-sale (POS) systems, mobile phones, tablet computers, electronic touch screen devices, payment terminals, and bar code readers; installation and maintenance of mobile technology, namely, self-checkout terminals and wireless electronic devices for locating and tracking merchandise allowing for self-checkout by customers; installation and maintenance of systems, namely computer hardware and wireless electronic devices, for locating and tracking cargo, and for tracing goods throughout a supply chain, using RFID technology and the Internet of Things; installation and maintenance of systems, namely computer hardware and wireless electronic devices, for locating and tracking cargo, and for managing inventory that may be operated substantially by voice commands;

Education and training, namely, providing workshops, classes, and tutorials in the fields of the selection, implementation, and use of labeling machines, bar code labelers, printing machines, computer software in the field of warehouse management, and computer hardware used therewith; education and training, namely, providing workshops, classes, and tutorials in the fields of the selection, implementation, and use of hardware, software, apparatuses, and instruments for tracking and identification of goods and people; education and training, namely, providing workshops, classes, and tutorials in the fields of the selection, implementation, and use of hardware, software, apparatuses, and instruments for the capture, storage, transmission, reproduction, and output of data; education and training, namely, providing workshops, classes, and online tutorials in the fields of the selection, implementation, and use of printing apparatuses and instruments, printers, computers, communications and telecommunications apparatuses and instruments, including wireless apparatuses and instruments, and mobile phones;

Rental of computing equipment in the nature of barcoding equipment and wireless adapters; wireless local area networks site surveying; quality control for others, namely, monitoring production environments to optimize quality control; installation and repair of computer software, including mobile performance of such services on customer premises; application service provider, namely, hosting, managing, developing, and maintaining applications, software, and web sites, in the fields of business productivity, wireless communications, mobile information access, and remote data management for wireless delivery of content to handheld computers, laptops, and mobile electronic devices; installation and maintenance of mobile phone software; outsource service providers in the field of information technology; information technology consulting services; computer services, namely, remote management of the information technology systems of others; planning, design, and management of information technology systems; computer services, namely, on-site management of information technology systems of others; computer services, namely, on-site management of information technology systems of others that are comprised of mobile computer networks and wireless networks; computer services, namely, remote management of information technology systems of others comprised of mobile computer networks and wireless networks; monitoring of mobile computer networks and wireless networks to ensure proper functioning; computer security services, namely, enforcing, restricting and controlling access privileges of users of computing resources for cloud, mobile, or network resources based on assigned credentials; computer technology support services, namely, help desk services; repair of computer software; technical support services, namely, remote and on-site infrastructure management services for monitoring, administration, and management of IT and private cloud computing and software application systems; providing an internet based, remote device management platform, namely, platform as a service (PAAS) featuring computer software platforms that enable the exchange of device setting messages and data between remote devices and the remote device management of computer networks; strategic services management in the nature of offering intelligent computer hardware and telecommunications equipment device management and remote computer hardware and telecommunications device management; providing temporary use of on-line non-downloadable software for use in computer software application deployment services; installation of computer software applications, Internet access software applications, and mobile phone software applications, namely, application deployment services for others; consulting services in the design and implementation of computer-based information systems for businesses; software as a service (SaaS), featuring software for remote management of mobile hotspot devices and mobile computer devices, software applications, mobile information access, data base access, and security, namely, anti-virus software, computer hardware, namely, firewalls in the field of enterprise mobility management (EMM); management of software applications for mobile computers and mobile phones; managing security settings on mobile hotspot devices and mobile computers; managing data on mobile phones and mobile computers in the field of enterprise mobility management (EMM); software as a service (SAAS) services featuring software for operating, managing, and configuring of anti-virus software and maintaining enterprise computer networks in the field of enterprise mobility management (EMM); providing temporary use of online non-downloadable cloud computing software for management of mobile hotspot devices and computer devices, management of computer software applications for mobile hotspot devices and computer devices, management of anti-virus software for mobile hotspot devices and computer devices, and mobile information management in the field of enterprise mobility management (EMM); providing temporary use of online non-downloadable cloud computing software for the operating, managing, and configuring of anti-virus software and maintaining enterprise computer networks in the field of enterprise mobility management (EMM); providing customized, on-line, non-downloadable software featuring data processing programs for managing wireless and telecommunications devices, namely, mobile phones, wireless electronic devices, accounts, and expenses, and for telecommunications account monitoring, analysis, and auditing; providing customized, on-line, non-downloadable software featuring data processing programs for managing wireless and telecommunications devices, namely, mobile phones, wireless electronic devices, accounts, and expenses, and for telecommunications account monitoring, analysis, and auditing, and control functions specifically, placing orders, billing, usage tracking, data management, account monitoring, cost allocation, and determining device location for use by domestic and global companies, organizations, and groups; computer software consultation; computer technology consultancy; technical research of computer software, computer hardware, and electronic apparatus used in the field of warehouse management; technical research and consultancy in the field of design of hardware, software, apparatuses, and instruments for tracking and identification of goods and people; technical research and consultancy in the field of design of hardware, software, apparatuses, and instruments used for the capture, storage, transmission, reproduction, and output of data; technical research and consultancy in the field of design of printing apparatuses and instruments, printers, computers, communications and telecommunications apparatuses and instruments, including wireless apparatuses and instruments, and mobile phones; technical research in the field of manufacturing of hardware, software, apparatuses, and instruments for tracking and identification of goods and people; technical research in the field of manufacturing of hardware, software, apparatuses, and instruments used for the capture, storage, transmission, reproduction, and output of data; technical research in the field of manufacturing of printing apparatuses and instruments, printers, computers, communications and telecommunications apparatuses and instruments, including wireless apparatuses and instruments, and mobile phones; installation, maintenance, and repair services of computer software in the field of warehouse management, computer software for tracking and identification of goods and people, and of computer software for the capture, storage, transmission, reproduction, and output of data; providing online non-downloadable computer software designed to allow users of enterprise resource planning system technology to manage and deploy computer hardware used therewith, namely, electronic point-of-sale (POS) systems, mobile readers, tablets, electronic touch screen devices, wireless electronic devices, payment terminals, barcode readers, and barcode printers used in warehouse, distribution center and manufacturing settings; quality control for others, namely, collection and analysis of data to optimize quality control in the field of inventory management; consulting services related to reverse logistics, namely, consulting in the field of recapturing value from products that customers have returned; installation and maintenance of mobile technology, namely, software for maintaining optimal environments in which to transport perishable goods; installation and maintenance of mobile technology, namely, software for establishing electronic proof of delivery of goods; installation and maintenance of mobile technology, namely, software for managing distributors and distribution; installation and maintenance of mobile technology, namely, software for fleet management; installation and maintenance of mobile technology, namely, software for enhancing distribution efficiency by utilizing information regarding traffic and weather conditions; installation and maintenance of mobile technology, namely, software for managing product storage yards and facilities; installation and maintenance of mobile technology, namely, software for management of cargo terminals; installation and maintenance of mobile technology, namely, software for allowing for customers to access prices and other product information, as well as product reviews; installation and maintenance of software for managing and optimizing layout of a retail store based on data regarding consumer behavior; installation and maintenance of mobile technology, namely, software for facilitating access by field technicians of field service documentation; design of barcode systems integrated with warehouse management systems that print bar code labels and provides automated application of bar code labels onto goods; installation and maintenance of data software and barcode software; installation of data software and barcode software; installation, maintenance, and repair of data processing software and barcode software;

Consulting services in the field of theft protection services in the nature of optimizing the traceability of goods;

Installation of computer networking hardware; installation of structured cabling systems for wireless computer networks;

Design, deployment and management of computer networks for others; design, deployment and management of wireless computer networks for others; technical support, namely, monitoring technological functions of computer network systems; technical support, namely, monitoring technological functions of wireless computer network systems; technical verification and validation of computer network performance;

Technical consultancy in the field of manufacture of computer hardware, and electronic apparatus used in the field of warehouse management; technical consultancy in the field of manufacture of hardware, apparatuses, and instruments for tracking and identification of goods and people; technical consultancy in the field of manufacture of printing apparatuses and instruments, printers, computers, wireless handheld mobile electronic devices for recording, organizing, transmitting, manipulating, and reviewing text, data, image, and audio files, communications and telecommunications apparatuses and instruments, wireless communications and telecommunications apparatuses and instruments, and mobile phones; technical consultancy in the field of manufacture of computer software used in the field of warehouse management; technical consultancy in the field of manufacture of software for tracking and identification of goods and people;

Exchange services, namely, bartering of barcoding equipment and wireless adapters through a spares pool for others; inventory management in the field of barcoding equipment and wireless adapters; wholesale services by direct solicitation by sales agents featuring new, used, and surplus computer equipment, telecommunications equipment, office equipment, barcode equipment, and wireless adapters; on-line retail store services featuring new, used, and surplus computer equipment, telecommunications equipment, office equipment, and barcode equipment; outsource service provider in the field of business operation and management of a warehouse facility containing wireless equipment; business project management services; retail store services featuring third party computer hardware, software, and electronic apparatuses; consultancy regarding the incorporation of bar code equipment, including wireless equipment related thereto, into retail operations; consulting services in the field of inventory management, namely, optimizing the traceability of goods; consulting services related to warehouse management; consulting services related to warehouse management, namely, cross docking operations; consulting services related to reverse logistics, namely, consulting in the field of recapturing value from products that customers have returned; management of goods throughout the supply chain, namely, freight logistics management.;

Installation, maintenance, and repair of barcode equipment, barcode scanners, touchscreen monitors, antennas for wireless communications apparatus for use in warehousing, distribution centers, and manufacturing, and consulting services related thereto; consultation about the repair of computer hardware and electronic apparatus; technical support services, namely, troubleshooting in the nature of the repair of computer hardware and electronic apparatus; providing technical support, namely, technical advice concerning the installation, repair, and maintenance of electric and electronic apparatuses, equipment, and devices used for automated and partly automated industrial operations; installation, maintenance, and repair of mobile phones, tablet computers, smart phones, barcode readers, barcode scanners, and touchscreen monitors for use in warehousing, distribution centers, and manufacturing; installation, maintenance, and repair of computer peripherals; installation, maintenance, and repair of labeling machines, bar code labelers, and printing machines in the field of warehouse management and computer hardware used therewith; installation, maintenance, and repair of hardware and apparatuses and instruments for tracking and identification of goods and people; installation, maintenance, and repair of hardware, apparatuses, and instruments for the capture, storage, transmission, reproduction, and output of data; installation, maintenance, and repair of printing apparatuses and instruments, printers, computers, wireless handheld mobile electronic devices for recording, organizing, transmitting, manipulating, and reviewing text, data, image, and audio files, communications and telecommunications apparatuses and instruments, wireless digital apparatus and instruments, and mobile phones; maintenance and repair of computer hardware; installation, maintenance, and repair of computer peripherals and electronic apparatus; installation of barcode systems integrated with warehouse management systems that print bar code labels and provides automated application of bar code labels onto goods; repair of computer hardware, electronic touch screen devices, and wireless electronic devices; installation and maintenance of computer systems for tracing goods; installation and maintenance of mobile computing hardware for maintaining optimal environments in which to transport perishable goods; installation and maintenance of mobile technology, namely, computer hardware and wireless electronic devices for locating and tracking cargo, for establishing electronic proof of delivery of goods; installation and maintenance of mobile technology, namely, computer servers, for locating and tracking cargo, for managing distributors and distribution; installation and maintenance of mobile technology, namely, computer hardware for locating and tracking cargo, for fleet management; installation and maintenance of mobile technology, namely, computer hardware, for enhancing distribution efficiency; installation and maintenance of computer hardware and wireless electronic devices for locating and tracking cargo, and for tracing goods throughout a supply chain, using RFID technology and the Internet of Things for establishing electronic proof of delivery of goods;

Education and training, namely, providing workshops, classes, and tutorials in the fields of the selection, implementation, and use of labeling machines, bar code labelers, printing machines, computer software in the field of warehouse management, and computer hardware used therewith; education and training, namely, providing workshops, classes, and tutorials in the fields of the selection, implementation, and use of hardware, software, apparatuses, and instruments for tracking and identification of goods and people; education and training, namely, providing workshops, classes, and tutorials in the fields of the selection, implementation, and use of hardware, software, apparatuses, and instruments for the capture, storage, transmission, reproduction, and output of data; education and training, namely, providing workshops, classes, and online tutorials in the fields of the selection, implementation, and use of printing apparatuses and instruments, printers, computers, handheld mobile electronic devices for recording, organizing, transmitting, manipulating, and reviewing text, data, image, and audio files, communications and telecommunications apparatuses and instruments, wireless communications and telecommunications apparatuses and instruments, and mobile phones;

Technical consultancy in the field of hardware, apparatuses, and instruments used for the capture, storage, transmission, reproduction, and output of data; installation and repair of computer software, including mobile performance of such services on customer premises; application service provider, namely, hosting, managing, developing, and maintaining applications and software in the fields of business productivity and wireless communications; outsource service providers in the field of information technology; information technology consulting services; computer services, namely, remote management of the information technology systems of others; planning, design, and management of information technology systems; computer services, namely, on-site management of information technology systems of others; computer services, namely, on-site management of information technology systems of others that are comprised of mobile computer networks and wireless networks; computer services, namely, remote management of information technology systems of others comprised of mobile computer networks and wireless networks; computer security services, namely, enforcing, restricting and controlling access privileges of users of computing resources for cloud, mobile, or network resources based on assigned credentials; computer technology support services, namely, help desk services; repair of computer software; technical support services, namely, on-site infrastructure management services for administration and management of IT and private cloud computing and software application systems; technical support services in the nature of offering remote and on-site device management of intelligent computer hardware and telecommunications equipment and remote computer hardware and telecommunications device management; providing temporary use of on-line non-downloadable software for use in computer software application deployment services; installation of computer software applications, computer software applications for accessing the Internet, and mobile phone software applications; consulting services in the design and implementation of computer-based information systems for businesses; computer software consultation; technical research in the fields of computer software, computer hardware, and electronic apparatus used in the field of warehouse management; technical research and consultancy in the fields of design of computer hardware, computer software, and apparatuses and instruments for tracking and identification of goods and people; technical research and consultancy in the fields of design of computer hardware, computer software, and apparatuses and instruments used for the capture, storage, transmission, reproduction, and output of data; technical research and consultancy in the fields of design of printing apparatuses and instruments, printers, computers, wireless handheld mobile electronic devices for recording, organizing, transmitting, manipulating, and reviewing text, data, image, and audio files, and communications and telecommunications apparatuses and instruments, wireless communications and telecommunications apparatuses and instruments, and mobile phones; technical research in the field of manufacturing of computer hardware, computer software, and apparatuses and instruments for tracking and identification of goods and people; technical research in the field of manufacturing of computer hardware, computer software, and apparatuses and instruments used for the capture, storage, transmission, reproduction, and output of data; technical research in the field of manufacturing of printing apparatuses and instruments, printers, computers, wireless handheld mobile electronic devices for recording, organizing, transmitting, manipulating, and reviewing text, data, image, and audio files, communications and telecommunications apparatuses and instruments, wireless communications and telecommunications apparatuses and instruments, and mobile phones; installation, maintenance, and repair of computer software in the fields of warehouse management, and the tracking and identification of goods and people, and of computer software for the capture, storage, transmission, reproduction, and output of data; providing online nondownloadable computer software designed to allow users of enterprise resource planning system technology to manage and deploy computer hardware used therewith, PC tablets, electronic touch screen devices, wireless electronic devices, barcode readers and barcode printers, used in warehouse, distribution center and manufacturing settings; quality control for others, namely, collection and analysis of data to optimize quality control in the field of inventory management; installation and maintenance of mobile technology, namely, software for maintaining optimal environments in which to transport perishable goods; installation and maintenance of mobile technology, namely, software for establishing electronic proof of delivery of goods; installation and maintenance of mobile technology, namely, software for managing distributors and distribution; installation and maintenance of mobile technology, namely, software for fleet management; installation and maintenance of mobile technology, namely, software for enhancing distribution efficiency by utilizing information regarding traffic and weather conditions; installation and maintenance of mobile technology, namely, software for managing product storage yards and facilities; design of barcode systems integrated with warehouse management systems that print bar code labels and provides automated application of bar code labels onto goods; installation and maintenance of data collection and processing software and barcode reading and processing software; installation of data collection and processing software and barcode reading and processing software; installation, maintenance, and repair of data processing software and barcode reading and processing software; wireless local area networks site surveying; technical consultancy in the field of software used for the capture, storage, transmission, reproduction, and output of data; quality control for others, namely, monitoring production environments to optimize quality control; rental of computing equipment in the nature of barcoding equipment and wireless adapters;

Consulting services in the field of theft protection services in the nature of optimizing the traceability of goods;

Inventory management of pools of spare computer hardware devices; inventory management of pools of spare telecommunication devices; inventory management in the field of mobile computers;

Providing temporary use of online non-downloadable cloud computing software for the operating and managing of personal computers and computer network interface devices in the field of enterprise mobility management (EMM); providing customized, on-line, non-downloadable software featuring data processing programs for managing wireless and telecommunications devices, namely, mobile phones and wireless electronic devices, accounts, and expenses, and for telecommunications account analysis and auditing; providing customized, on-line, non-downloadable software featuring data processing programs for managing wireless and telecommunications devices, namely, mobile phones and wireless electronic devices, accounts, expenses, and telecommunications service accounts;