STATEMENT OF FACTS COMMON TO ALL COUNTSInsightsNow’s BEHAVIORLENS Mark
InsightsNow provides goods and services relating to consumer research andconsulting.9.
InsightsNow owns U.S. Reg. No. 4,203,586 (“the ‘586 Registration”) for theBEHAVIORLENS mark for services relating to consumer research and consulting, “businessservices, namely, consumer research and consulting related thereto; computerized marketresearch services; market analysis and research; consumer marketing research and consultingrelated thereto; marketing research services; consumer strategy business consulting in the fieldsof marketing, sales, operation, and product design particularly specializing in the use of analyticmodels for the understanding and predicting of consumer, business, and retail market trends andactions; brand concept and brand development services for corporate and individual clients;development of marketing strategies and concepts.” The ‘586 Registration was filed September12, 2011, as U.S. Trademark Application Serial No. 85/420,486, and registered September 4,2012.10.
InsightsNow has used the BEHAVIORLENS mark in the United States incommerce in connection with the advertising, promotion, and sale of its goods and services,including the services identified in the ‘586 Registration, continuously since at least August 26,2011.11.
InsightsNow uses the BEHAVIORLENS mark in connection with the advertising,promotion, and sale of its goods and services, including the services identified in the ‘586Registration, in various trade channels, including but not limited to the Internet.12.
InsightsNow owns the domain www.behaviorlens.com, through which
Case 6:13-cv-00573-TC Document 1 Filed 04/03/13 Page 3 of 14 Page ID#: 3