Mercatus Technologies, Inc. et al v. Mercato, Inc., dedc:1:2019cv01076

Metal shopping baskets and handles therefore;

Shopping cart, transport cart, and shopping basket information, tracking and return systems, namely, electronic systems comprising computer hardware and software, wireless transmitters, transceivers and static and interactive graphical user interfaces connected to one or more host computer systems via one or more local, wide area or global computer networks, extranets, intranets, the Internet, the worldwide web, telephone networks or cable networks, to track the in-store or on premises location, shopping patterns, movement patterns, purchases and selections of persons using shopping carts, transport carts and shopping baskets, and to provide information, directions, advertising and entertainment to those persons while they are using those shopping carts, transport carts and shopping baskets; Shopping cart, transport cart, and shopping basket information, tracking and return systems, namely, electronic systems comprising computer hardware and software, wireless transmitters, transceivers and static and interactive graphical user interfaces connected to one or more host computer systems via one or more local, wide area or global computer networks, extranets, intranets, the Internet, the worldwide web, telephone networks or cable networks, to ensure the return of shopping carts, transport carts, and shopping baskets; Computer software for use in association with real time commerce applications and real time electronic commerce applications that collects, archives, organizes, and displays data relating to shoppers' purchasing, movement, and product selection, and provides information, directions, advertising and entertainment to shoppers for use with shopping carts, transport carts, shopping baskets, and electronic marketplaces, namely, wide area or global computer networks, extranets, intranets, the Internet, the worldwide web, telephone networks and cable networks, catalogue, inventory and price list browsing, Internet browsing, order processing, order confirmation, purchase processing, purchase tallying, credit card processing, debit card processing, inventory control and restocking, price and product comparison, rain check, coupon and special offer notification, registration, issuance and redemption, conveyance of product, service, recipe and how to information, conveyance of advertising, promotional and educational information, conveyance of audio, visual and audio-visual entertainment, electronic mail and text messaging, data mining, consumer and user surveys; Computer software to facilitate real time communications with purchasers and others using shopping carts, transport carts or shopping basket, via one or more local, wide area or global computer networks, extranets, intranets, the Internet, the worldwide web, telephone networks or cable networks;

Shopping carts; transport carts; shopping baskets on wheels; handles for shopping carts, transport carts; and shopping baskets on wheels;

Non-metal shopping baskets and handles therefore;

Outsourcing in the field of web site design; electronic advertising marketing and promotion; electronic shopping information services, namely, collection, archiving, organizing and displaying of online data and website content of others relating to shoppers purchasing, movement, product selection; providing online shopping information in the nature of information about products shoppers can purchase in the store in which they are shopping, location and directions of products in the stores and targeted advertising concerning products for purchase; inventory and shelf arrangement, namely, replenishing and resetting items for sale based upon monitored inventory usage and the operation of customer service in the field of responding to customer inquiries regarding the availability and inventory of consumer items in the various retail locations to respond to customer inquiries; real time customer support to enhance commerce transactions for customers, namely, advice and information about customer services and product management and prices on internet sites in connection with purchases made over the internet; customer service in the field of electronic payment processing; Advertising, marketing, promotion and business marketing consulting services, namely, the design, co-ordination, facilitation, implementation, production and conduct of advertising, media and promotional programs and advertising content, commerce and electronic commerce communications in the nature of announcements, press releases, newsletters, contests, promotional sales, discount, coupon, special offer and gift giveaway programs; corporate identity and sponsorship programs, and radio, television, print and on-line advertising, media and promotion campaigns, all for the advertisement, promotion and marketing of the brands, businesses, profiles, wares and services of others;

Providing electronic processing of credit card transactions and electronic payments via a global computer network;

Consultation in the field of computer installation and maintenance; maintenance of computer infrastructures, namely, servers;

Electronic transmission and delivery of messages containing audio, visual and audio-visual entertainment, advertising, promotional and educational information by electronic transmission; electronic transmission of data via one or more local, wide area or global computer networks, extranets, intranets, the Internet, the worldwide web, telephone networks or cable networks; provision of electronic mail and text messaging services; providing on-line chat rooms, instant and electronic messaging services and electronic bulletin boards for transmission of messages among users in the field of general interest, accessible via one or more local, wide area or global computer networks, extranets, intranets, the internet, the worldwide web, telephone networks or cable networks;

Data mining, technical consulting services in the areas of computer hardware and software, namely, the design, development, installation, and maintenance of computer systems software and design and development of computer hardware; technical consulting services in the areas of computer software, installation and maintenance; design, development and maintenance of computer software for performing networked applications, system administration, managed hosting, electronic mail and text messaging management, database management and integrity; design of computer infrastructures, namely, technical support services, troubleshooting of computer hardware and problems in all of the following fields--computers and information technology, electronic transmission of data via one or more local, wide area or global computer networks, extranets, intranets, the internet, the worldwide web, telephone networks or cable networks, provision of electronic mail and text messaging services, and provision of on-line chat rooms, blogs, instant and electronic messaging services and electronic bulletin boards for transmission of messages among users in the field of general interest, accessible via one or more local, wide area or global computer networks, extranets,intranets, the internet, the worldwide web, telephone networks or cable networks;

Shopping cart, transport cart, and shopping basket information, tracking and return systems, namely, electronic systems comprising computer hardware and software, wireless transmitters, transceivers and static and interactive graphical user interfaces connected to one or more host computer systems via one or more local, wide area or global computer networks, extranets, intranets, the Internet, the worldwide web, telephone networks or cable networks, to track the in-store or on premises location, shopping patterns, movement patterns, purchases and selections of persons using shopping carts, transport carts and shopping baskets, and to provide information, directions, advertising and entertainment to those persons while they are using those shopping carts, transport carts and shopping baskets; Shopping cart, transport cart, and shopping basket information, tracking and return systems, namely, electronic systems comprising computer hardware and software, wireless transmitters, transceivers and static and interactive graphical user interfaces connected to one or more host computer systems via one or more local, wide area or global computer networks, extranets, intranets, the Internet, the worldwide web, telephone networks or cable networks, to ensure the return of shopping carts, transport carts, and shopping baskets; Computer software for use in association with real time commerce applications and real time electronic commerce applications that collects, archives, organizes, and displays data relating to shoppers' purchasing, movement, and product selection, and provides information, directions, advertising and entertainment to shoppers for use with shopping carts, transport carts, shopping baskets, and electronic marketplaces, namely, wide area or global computer networks, extranets, intranets, the Internet, the worldwide web, telephone networks and cable networks, for catalogue, inventory and price list browsing, Internet browsing, order processing, order confirmation, purchase processing, purchase tallying, credit card processing, debit card processing, inventory control and restocking, price and product comparison, rain check, coupon and special offer notification, registration, issuance and redemption, conveyance of information about the products and services of third parties, recipe and how to information, providing advertising, promotional and educational information, providing audio, visual and audio-visual entertainment, electronic mail and text messaging, data mining, and for providing consumer and user surveys; Computer software to facilitate real time communications with purchasers and others using shopping carts, transport carts or shopping basket, via one or more local, wide area or global computer networks, extranets, intranets, the Internet, the worldwide web, telephone networks or cable networks;

Handles featuring display screens and display screen housings, for use on shopping carts and transport carts;

Database management; providing business and commercial information concerning commerce and electronic commerce transacting; business process outsourcing services in the fields of web site design, electronic marketing and promotion, data mining, data collection and analysis, commerce and electronic commerce transaction hosting, real time customer support to enhance commerce transactions for the users of same, electronic payment services, integrated customer support services and electronic delivery of audio, visual and audio-visual entertainment; advertising services, advertising information services; providing advertising and marketing; design of advertising materials for others; electronic commerce services, namely, providing information about products via telecommunication networks for advertising and sales purposes; promoting the goods and services of others via press releases, contests, promotional sales, discounts, coupons, special offer and gift giveaway programs, corporate identity services; advertising and marketing of the brands, businesses, profiles, wares and services of others;

Installation and maintenance of computer hardware systems and handheld communication devices to meet third party specifications; installation and maintenance of computer hardware; technical support services, namely, troubleshooting in the nature of the repair of computer hardware;

Electronic mail services; text and numeric wireless digital messaging services; electronic bulletin board services; voice, video and text messaging services via one or more local, wide area or global computer networks, extranets, intranets, the internet, the worldwide web, telephone networks or cable networks;

Electronic storage services for archiving data concerning the behavior of shoppers in stores, namely, shoppers' purchasing, movement and product selection; Electronic storage of data concerning the behavior of shoppers in stores, namely, shoppers' purchasing, movement and product selection for archiving purposes;

Development and design of technology-based information solutions, namely, computer software, for the retail sector designed to improve profitability, enhance competitiveness and strengthen customer relationships; computer software consulting, namely, the design, installation, updating and maintenance of computer software to meet third party specifications; computer consulting services, namely, design of computer infrastructures and networked applications; computer system administration for others; application service provider (ASP), namely, hosting computer software applications of others to meet third party specifications; technical support services, namely, troubleshooting in the nature of diagnosing computer hardware and software problems; installation and maintenance of computer software;

Shopping cart, transport cart, and shopping basket information, tracking and return systems, namely, electronic systems comprising computer hardware and software, wireless transmitters, transceivers and static and interactive graphical user interfaces connected to one or more host computer systems via one or more local, wide area or global computer networks, extranets, intranets, the Internet, the worldwide web, telephone networks or cable networks, to track the in-store or on premises location, shopping patterns, movement patterns, purchases and selections of persons using shopping carts, transport carts and shopping baskets, and to provide information, directions, advertising and entertainment to those persons while they are using those shopping carts, transport carts and shopping baskets; Shopping cart, transport cart, and shopping basket information, tracking and return systems, namely, electronic systems comprising computer hardware and software, wireless transmitters, transceivers and static and interactive graphical user interfaces connected to one or more host computer systems via one or more local, wide area or global computer networks, extranets, intranets, the Internet, the worldwide web, telephone networks or cable networks, to ensure the return of shopping carts, transport carts, and shopping baskets; Computer software for use in association with real time commerce applications and real time electronic commerce applications that collects, archives, organizes, and displays data relating to shoppers' purchasing, movement, and product selection, and provides information, directions, advertising and entertainment to shoppers for use with shopping carts, transport carts, shopping baskets, and electronic marketplaces, namely, wide area or global computer networks, extranets, intranets, the Internet, the worldwide web, telephone networks and cable networks, for catalogue, inventory and price list browsing, Internet browsing, order processing, order confirmation, purchase processing, purchase tallying, credit card processing, debit card processing, inventory control and restocking, price and product comparison, rain check, coupon and special offer notification, registration, issuance and redemption, conveyance of information about the products and services of third parties, recipe and how to information, providing advertising, promotional and educational information, providing audio, visual and audio-visual entertainment, electronic mail and text messaging, data mining, and for providing consumer and user surveys; Computer software to facilitate real time communications with purchasers and others using shopping carts, transport carts or shopping basket, via one or more local, wide area or global computer networks, extranets, intranets, the Internet, the worldwide web, telephone networks or cable networks;

Handles featuring display screens and display screen housings, for use on shopping carts and transport carts;

Database management; providing business and commercial information concerning commerce and electronic commerce transacting; business process outsourcing services in the fields of web site design, electronic marketing and promotion, data mining, data collection and analysis, commerce and electronic commerce transaction hosting, real time customer support to enhance commerce transactions for the users of same, electronic payment services, integrated customer support services and electronic delivery of audio, visual and audio-visual entertainment; advertising services, advertising information services; providing advertising and marketing; design of advertising materials for others; electronic commerce services, namely, providing information about products via telecommunication networks for advertising and sales purposes; promoting the goods and services of others via press releases, contests, promotional sales, discounts, coupons, special offer and gift giveaway programs, corporate identity services; advertising and marketing of the brands, businesses, profiles, wares and services of others;

Installation and maintenance of computer hardware systems and handheld communication devices to meet third party specifications; installation and maintenance of computer hardware; technical support services, namely, troubleshooting in the nature of the repair of computer hardware;

Electronic mail services; text and numeric wireless digital messaging services; electronic bulletin board services; voice, video and text messaging services via one or more local, wide area or global computer networks, extranets, intranets, the internet, the worldwide web, telephone networks or cable networks;

Electronic storage services for archiving data concerning the behavior of shoppers in stores, namely, shoppers' purchasing, movement and product selection; Electronic storage of data concerning the behavior of shoppers in stores, namely, shoppers' purchasing, movement and product selection for archiving purposes;

Development and design of technology-based information solutions, namely, computer software, for the retail sector designed to improve profitability, enhance competitiveness and strengthen customer relationships; computer software consulting, namely, the design, installation, updating and maintenance of computer software to meet third party specifications; computer consulting services, namely, design of computer infrastructures and networked applications; computer system administration for others; application service provider (ASP), namely, hosting computer software applications of others to meet third party specifications; technical support services, namely, troubleshooting in the nature of diagnosing computer hardware and software problems; installation and maintenance of computer software;

Providing access to others to a Content Management System (CMS) for use in the fields of advertising, media and promotional programs and advertising content, commerce and electronic commerce communications, namely announcements, press releases, newsletters, flyers, contests, promotional sales, discount programs, coupon programs, special offer programs and gift giveaway programs, corporate identity and sponsorship programs, and radio, television, print and on-line advertising, media and promotion campaigns, and for the storage, management and analysis of retailers' assets, namely product data, store information, shopper information, user profiles, and recipes, all of the foregoing for the advertisement, promotion and marketing of the brands, business, profiles, wares and services of others; Providing access to others to a computer software tool for use in work flow management to increase productivity in the retail sector; Electronic storage of data and analytics concerning the behaviour of shoppers in stores, namely shoppers' purchasing, movement and product selection, intended for use in the retail sector by retailers to improve profitability, enhance competitiveness and strengthen customer relationships;

Retail store software services featuring software for use in retail stores and in the field of retail sales that provide for seamless management, integration and delivery of digital content channels, e-commerce, retail-specific custom software features, enterprise application software and third-party application software, all to facilitate a personalized shopping experience for consumers from product awareness to product purchase;

Platform as a service (PAAS) featuring computer software platforms for use in retail stores and in the field of retail sales that provide for seamless management, integration and delivery of digital content channels, e-commerce, retail-specific custom software features, enterprise application software and third-party application software, all to facilitate a personalized shopping experience for consumers from product awareness to product purchase;