Caterpillar Inc. (P) vs MODELCAT, INC. (D)

ELECTRIC GENERATORS AND DIESEL ELECTRIC [ ELECTRIC ] GENERATOR SETS, AND PARTS FURNISHED WITH SAID PRODUCTS; DIESEL AND OTHER INTERNAL COMBUSTION ENGINES ADAPTED FOR EMPLOYMENT AS THE SOURCE OF POWER FOR SELF-PROPELLED VEHICLES AND AS STATIONARY OR PORTABLE POWER UNITS FOR INDUSTRIAL, MARINE AND AGRICULTURAL USES; SCRAPING, CARRYING AND DUMPING UNITS ADAPTED TO BE EMPLOYED FOR SCRAPING AND COLLECTING EARTH, ROCK, OR LIKE MATERIALS AND TRANSPORTING AND DUMPING SAID MATERIALS; POWER AND MANUALLY CONTROLLED GRADERS, SCARIFIERS, SCRAPERS, AND RIPPERS ADAPTED TO BE EMPLOYED FOR THE CONSTRUCTION AND MAINTENANCE OF ROADS, FOR MOVING AND REMOVING OF EARTH, ROCK, SNOW AND LIKE MATERIALS, FOR PREVENTING SOIL EROSION AND FOR OTHER INDUSTRIAL AND AGRICULTURAL USES; TRACTORS FOR INDUSTRIAL AND AGRICULTURAL PURPOSES; AND PARTS AND SERVICE TOOLS FURNISHED WITH SAID PRODUCTS; DUMP-WAGONS, WHEEL TRACTOR-DUMP-WAGON COMBINATIONS, AND STRUCTURAL PARTS FOR SUCH PRODUCTS

Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity, namely, electric conductors, electric switches, electric transformers, electric accumulators, voltage regulators, and electrical controllers; apparatus and instruments for recording, transmitting, reproducing or processing sound or images, and electronic data processing apparatus; computers and computer peripheral devices; fire-extinguishing apparatus; downloadable computer software for testing, condition monitoring, and operating vehicles, engines, equipment, machines, and machine tools for use in agriculture, compaction, construction, demolition, earth conditioning, earth contouring, earth moving, forestry, landscaping, lawn care, lifting, marine propulsion, material handling, mining, oil and gas production, paving, pipelaying, power generation, and road building and repair; computer software for statistical analysis, data analysis, predictive analysis; computer software for selecting delivery location and tracking delivery status of packages, freight, and job site materials; electric wire harnesses for machines and land vehicles; air fuel/ratio gauges, water temperature gauges, exhaust gas temperature gauges, fuel gauges, pressure gauges, and level gauges; electric switches; electronic displays, namely, electric luminescent display panels; electronic connectors, electrical terminals, and electrical controllers; circuit breakers; fuses; leveling rods; reflective mirrors to prevent accidents; power inverters; batteries; electrical parts and fittings for land vehicles, machinery, and equipment, namely, amplifiers for wireless communications, antennas, and batteries; electric relays; control mechanisms, namely, electronic controls for machines, engines, and motors and electronic controllers for machines, engines, and motors; air-fuel ratio controls for internal combustion engines; speed governors for machines, engines, and motors; radios; antennas; electric cables; electrical current converters; speakers; eyeglasses; sunglasses; Solar panels for the production of electricity; Scale model vehicles; Non-electric cables and wires of common metal; small items of metal hardware, namely, metal straps for handling loads, metal pipe nipples, binding strips of metal used on packaging, metal hooks, metal nails, metal pegs, metal cotter pins, metal clevis pins, metal eye bolts, metal screw thread inserts, metal knobs, ball joint rod ends, spherical rod ends, and yoke-type rod ends; containers of metal for storage or transport of goods; non-electric cables and wires of common metals; pipes and tubes of metal; metal plugs; metal tie downs; metal bungs; metal caps for tubing ends; metal closures for containers; metal pipe collars; metal clamps; metal couplings for use with hoses; metal storage tanks; metal drain plugs; metal drawbar pins; metal locking pins; metal snap rings; metallic drain traps and drain caps; metal pipe extensions; clad steel plates; metal track hardware, namely, track links, track shoes and track pins; metal chains; metal number plates; parts and fittings for all the aforesaid goods sold as a unit with the goods; parts for land vehicles and machinery, namely, metal gaskets for machinery and land vehicles, metal pipe connectors, metal pipe fittings, metal cylinders for compressed gas or liquids sold empty, metal hose clamps, and metal hose fittings; metal tool boxes; engine camshafts of metal; wire rope fittings of metal, namely, threaded studs; threaded metal rods; metal rivets; hardware, namely, metal brackets for general use; metal clamps; metal bolts; metal nuts; metal hardware, namely, washers; metal screws; metal threaded fasteners; belts of metal for handling loads; metal hardware, namely, pulleys; metal hardware, namely, springs; metal keys for locks; metal fasteners, namely, woodruff keys in the nature of non-threaded fasteners; metal clips for general use; common metal powders used in manufacturing; metals in foil or powder form for 3D printers; Flexible pipes, tubes, and hoses, not of metal, and non-metal junctions for pipes; non-metal seals for use on pipe joints and flanges; semi-processed brake lining material; clutch linings; non-metal gaskets for commercial and industrial applications; insulating gloves; rings of rubber or of plastic for use as pipe connection seals; parts and fittings for all the aforesaid goods sold as a unit with the goods; parts and fittings for land vehicles, agricultural machines, and earth moving machines, namely, connecting hoses for vehicle radiators; absorbent products, namely, perforated pads, for the containment and clean-up of oil based chemicals, oils and liquids; adhesive strips for industrial and commercial use, other than stationery and not for medical or household purposes; cylinder seals, namely, cylinder joinings; acoustic insulation panels, acoustical insulation barrier panels; thermal and acoustic insulators; Industrial oils and greases; lubricants for industrial machinery and engines; diesel oil; anti-seizure lubricating compounds for use on engines; lubricant designed for use in ball and roller bearings and bushings; Paints, varnishes, lacquers; colorants; raw natural resins; primers, and paint thinners; metal preservatives in the nature of a coating; coatings in the form of paints for use in the manufacture of vehicles and on parts of vehicles; fireproof cement coatings; Chemicals for use in industry, agriculture, horticulture, and forestry except fungicides, herbicides, insecticides and parasiticides; adhesives used in industry; cement for repairs, namely, adhesive cement for bonding industrial materials; anti-freeze; coolants; chemical preparations, namely, coolant additives for vehicle engines for enhancing engine performance; chemical preparations in the nature of cleaners for enhancing the performance of engine cooling systems; chemical preparations for locking screw threads; battery fluid, namely, acidulated water for recharging batteries; chemical preparations in the nature of filtering materials for industrial use; hydraulic fluids; fuel additives, namely, chemical additives for fuel treatment; compositions for repairing vehicle tires, namely, rubber cement for repairing pneumatic tires; artificial and synthetic resins and diesel exhaust fluid; Turn signal, headlight, tail light, backup, and rear light lenses, all for vehicles and off-road industrial machinery; headlights for vehicles and off-road industrial machinery; interior lights for vehicles, off-road industrial vehicles, and operating cabs of machines; LED flood lights and LED work lights for vehicles and for construction settings; light bulbs; head light bulbs; tail light bulbs; vehicle turn signal light bulbs; dashboard light bulbs; electric torches for lighting; lights for vehicles and lamps; reflectors for vehicles; air conditioning apparatus; air conditioning filters; defrosting apparatus for vehicles; parts and fittings for all the aforesaid goods sold as a unit with the goods; parts and fittings for land vehicles, agricultural machinery, and earth moving machinery, namely, backup lights for land vehicles; coolant recovery systems comprising reservoirs, pumps, filters, and cleaners; electric light bulbs; LED light bulbs; rear lights for vehicles; valves as part of radiators

Downloadable computer software for providing information related to operation and maintenance manuals, parts information, product status reports, repair code information, troubleshooting guides for machinery for use in agriculture, compaction, construction, demolition, earth conditioning, earth contouring, earth moving, forestry, landscaping, lifting, marine, material handling, material scrapping, mining, mulching, oil and gas distribution, exploration and production, paving, pipelaying, power generation, road building and repair, site preparation and remediation, waste management, air and space, quarry, aggregate and cement, vegetation management, transportation, and government and defense, vehicles and apparatus for locomotion by land, air or water for use in agriculture, compaction, construction, demolition, earth conditioning, earth contouring, earth moving, forestry, landscaping, lifting, marine, material handling, material scrapping, mining, mulching, oil and gas distribution, exploration and production, paving, pipelaying, power generation, road building and repair, site preparation and remediation, waste management, air and space, quarry, aggregate and cement, vegetation management, transportation, and government and defense, and internal combustion engines, and generators; Providing temporary use of a non-downloadable web application for providing information related to operation and maintenance manuals, parts information, product status reports, repair code information, troubleshooting guides for machinery for use in agriculture, compaction, construction, demolition, earth conditioning, earth contouring, earth moving, forestry, landscaping, lifting, marine, material handling, material scrapping, mining, mulching, oil and gas distribution, exploration and production, paving, pipelaying, power generation, road building and repair, site preparation and remediation, waste management, air and space, quarry, aggregate and cement, vegetation management, transportation, and government and defense, vehicles and apparatus for locomotion by land, air or water for use in agriculture, compaction, construction, demolition, earth conditioning, earth contouring, earth moving, forestry, landscaping, lifting, marine, material handling, material scrapping, mining, mulching, oil and gas distribution, exploration and production, paving, pipelaying, power generation, road building and repair, site preparation and remediation, waste management, air and space, quarry, aggregate and cement, vegetation management, transportation, and government and defense, and internal combustion engines, and generators

Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity, namely, electric conductors, electric switches, electric transformers, electric accumulators, voltage regulators, and electrical controllers; apparatus and instruments for recording, transmitting, reproducing or processing sound or images, and electronic data processing apparatus; computers and computer peripheral devices; fire-extinguishing apparatus; downloadable computer software for testing, condition monitoring, and operating vehicles, engines, equipment, machines, and machine tools for use in agriculture, compaction, construction, demolition, earth conditioning, earth contouring, earth moving, forestry, landscaping, lawn care, lifting, marine propulsion, material handling, mining, oil and gas production, paving, pipelaying, power generation, and road building and repair; computer software for statistical analysis, data analysis, predictive analysis; computer software for selecting delivery location and tracking delivery status of packages, freight, and job site materials; electric wire harnesses for machines and land vehicles; air fuel/ratio gauges, water temperature gauges, exhaust gas temperature gauges, fuel gauges, pressure gauges, and level gauges; electric switches; electronic displays, namely, electric luminescent display panels; electronic connectors, electrical terminals, and electrical controllers; circuit breakers; fuses; leveling rods; reflective mirrors to prevent accidents; power inverters; batteries; electrical parts and fittings for land vehicles, machinery, and equipment, namely, amplifiers for wireless communications, antennas, and batteries; electric relays; control mechanisms, namely, electronic controls for machines, engines, and motors and electronic controllers for machines, engines, and motors; air-fuel ratio controls for internal combustion engines; speed governors for machines, engines, and motors; radios; antennas; electric cables; electrical current converters; speakers; eyeglasses; sunglasses; Solar panels for the production of electricity; Flexible pipes, tubes, and hoses, not of metal, and non-metal junctions for pipes; non-metal seals for use on pipe joints and flanges; semi-processed brake lining material; clutch linings; non-metal gaskets for commercial and industrial applications; insulating gloves; rings of rubber or of plastic for use as pipe connection seals; parts and fittings for all the aforesaid goods sold as a unit with the goods; parts and fittings for land vehicles, agricultural machines, and earth moving machines, namely, connecting hoses for vehicle radiators; absorbent products, namely, perforated pads, for the containment and clean-up of oil based chemicals, oils and liquids; adhesive strips for industrial and commercial use, other than stationery and not for medical or household purposes; cylinder seals, namely, cylinder joinings; acoustic insulation panels, acoustical insulation barrier panels; thermal and acoustic insulators; Scale model vehicles; Non-electric cables and wires of common metal; small items of metal hardware, namely, metal straps for handling loads, metal pipe nipples, binding strips of metal used on packaging, metal hooks, metal nails, metal pegs, metal cotter pins, metal clevis pins, metal eye bolts, metal screw thread inserts, metal knobs, ball joint rod ends, spherical rod ends, and yoke-type rod ends; containers of metal for storage or transport of goods; non-electric cables and wires of common metals; pipes and tubes of metal; metal plugs; metal tie downs; metal bungs; metal caps for tubing ends; metal closures for containers; metal pipe collars; metal clamps; metal couplings for use with hoses; metal storage tanks; metal drain plugs; metal drawbar pins; metal locking pins; metal snap rings; metallic drain traps and drain caps; metal pipe extensions; clad steel plates; metal track hardware, namely, track links, track shoes and track pins; metal chains; metal number plates; parts and fittings for all the aforesaid goods sold as a unit with the goods; parts for land vehicles and machinery, namely, metal gaskets for machinery and land vehicles, metal pipe connectors, metal pipe fittings, metal cylinders for compressed gas or liquids sold empty, metal hose clamps, and metal hose fittings; metal tool boxes; engine camshafts of metal; wire rope fittings of metal, namely, threaded studs; threaded metal rods; metal rivets; hardware, namely, metal brackets for general use; metal clamps; metal bolts; metal nuts; metal hardware, namely, washers; metal screws; metal threaded fasteners; belts of metal for handling loads; metal hardware, namely, pulleys; metal hardware, namely, springs; metal keys for locks; metal fasteners, namely, woodruff keys in the nature of non-threaded fasteners; metal clips for general use; common metal powders used in manufacturing; metals in foil or powder form for 3D printers; Industrial oils and greases; lubricants for industrial machinery and engines; diesel oil; anti-seizure lubricating compounds for use on engines; lubricant designed for use in ball and roller bearings and bushings; Paints, varnishes, lacquers; colorants; raw natural resins; primers, and paint thinners; metal preservatives in the nature of a coating; coatings in the form of paints for use in the manufacture of vehicles and on parts of vehicles; fireproof cement coatings; Chemicals for use in industry, agriculture, horticulture, and forestry except fungicides, herbicides, insecticides and parasiticides; adhesives used in industry; cement for repairs, namely, adhesive cement for bonding industrial materials; anti-freeze; coolants; chemical preparations, namely, coolant additives for vehicle engines for enhancing engine performance; chemical preparations in the nature of cleaners for enhancing the performance of engine cooling systems; chemical preparations for locking screw threads; battery fluid, namely, acidulated water for recharging batteries; chemical preparations in the nature of filtering materials for industrial use; hydraulic fluids; fuel additives, namely, chemical additives for fuel treatment; compositions for repairing vehicle tires, namely, rubber cement for repairing pneumatic tires; artificial and synthetic resins and diesel exhaust fluid; Turn signal, headlight, tail light, backup, and rear light lenses, all for vehicles and off-road industrial machinery; headlights for vehicles and off-road industrial machinery; interior lights for vehicles, off-road industrial vehicles, and operating cabs of machines; LED flood lights and LED work lights for vehicles and for construction settings; light bulbs; head light bulbs; tail light bulbs; vehicle turn signal light bulbs; dashboard light bulbs; electric torches for lighting; lights for vehicles and lamps; reflectors for vehicles; air conditioning apparatus; air conditioning filters; defrosting apparatus for vehicles; parts and fittings for all the aforesaid goods sold as a unit with the goods; parts and fittings for land vehicles, agricultural machinery, and earth moving machinery, namely, backup lights for land vehicles; coolant recovery systems comprising reservoirs, pumps, filters, and cleaners; electric light bulbs; LED light bulbs; rear lights for vehicles; valves as part of radiators

Business management and consultation; [ product distribution for advertising purposes and ] operations management services; logistics consulting services, namely, order management and fulfillment services, warehouse management, inventory management, records accuracy management, managing manufacturing logistics, managing reverse logistics, supply chain design logistics and management, transportation scheduling and planning management; marketing services; compilation and systemization of information into computer databases; management and compilation of computerized databases; retail stores featuring vehicles, equipment, and machines for use in agriculture, compaction, construction, demolition, earth conditioning, earth contouring, earth moving, forestry, landscaping, lifting, marine propulsion, material handling, mining, mulching, oil and gas distribution, oil and gas exploration, oil and gas production, paving, pipelaying, power generation, road building and repair, site preparation and remediation, tunnel boring, and vegetation management; retail stores featuring power generation equipment, generators, and tools; online retail store services and retail store services featuring clothing and clothing accessories, footwear, headwear, toys, games, leather goods, bags, glasses, cups, keychains, watches, computer software, eyewear, pictures, and books; providing searchable computer databases, websites, and online information services relating to purchasing of equipment, machines, machine tools, and parts therefor, for use in agriculture, compaction, construction, demolition, earth conditioning, earth contouring, earth moving, forestry, forest management landscaping, lifting for use in construction, marine propulsion, material handling, mining, mulching, oil and gas distribution, oil and gas exploration, oil and gas production, paving, pipelaying, power generation, road building and repair, site preparation and remediation, tunnel boring, and vegetation management; providing searchable computer databases, websites, and online information services relating to purchasing of engines and power generation equipment; providing searchable computer databases, websites, and online information services relating to renting of equipment, machines, machine tools, and parts therefor, for use in forest management; business data acquisition and analysis via computer networks and the Internet; technical business consulting services in the field of capturing new revenue streams, reducing waste, conserving capital, and improving cash flow

Class 042: Design and development of computer software for unsupervised machine learning; Design and development of software for machine learning; Providing online non-downloadable machine learning software for enabling computers to learn to perform tasks autonomously; Software as a service (SAAS) services featuring machine learning software for enabling computers to learn to perform tasks autonomously; Software as a service (SAAS) services featuring software using machine learning for facial recognition; Design of facial recognition software