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

[ 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;

software as a service, namely, white-label digital retail delivery platform for retailers;

software as a service, namely, white-label digital retail delivery platform for retailers;

Database management; providing business and commercial information in the fields of commerce and electronic commerce transacting; outsource service provider in the field of business analytics; outsource service provider in the field of electronic marketing and promotion; outsource service provider in the field of data collection and analysis for business purposes; promoting, advertising and marketing on-line web sites of others; business assistance services, namely, providing live customer support services in the nature of online chats and call centers for customers for others and monitoring services during the online checkout process with automated interaction and data feedback, monitoring and compilation capacity; business assistance services, namely, providing customer support services in the nature of integrated online chats and call centers for others; advertising services; advertising information services; promoting the goods and services of others by means of operating an on-line shopping mall with links to the retail web sites of others; on-line advertising and marketing services; design of advertising materials for others; electronic commerce services, namely, providing information about products via telecommunication networks for advertising and sales purposes; 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;

Electronic payment services involving electronic processing and subsequent transmission of bill payment data; outsource service provider in the field of financial transaction services, namely, providing secure commercial transactions and payment options;

Providing electronic transmission of credit card transaction data and electronic payment data via a global computer network; providing electronic transmission of contactless payment data via the internet; electronic delivery of audio, visual and audio-visual entertainment;

Outsource service provider in the field of designing and creating a website for others; outsource service provider in the field of data mining; outsource service provider in the field of data automation and collection service using proprietary software to evaluate, analyze and collect service data; outsource service provider in the field of hosting websites for electronic commerce transactions; outsource services, namely, developing and hosting a server on a global computer network for the purpose of facilitating e-commerce via such a server; providing non-downloadable software and hosting a website that customizes the shopping experience for potential customers of others;