Tag Archives: Bates numbering

Bates and hooks

Originally posted 2012-06-05 19:02:33. Republished by Blog Post Promoter

Bates numbering, that is.

As a litigator, I’ve been living with Bates-numbering, or Bates-stamping, for over 20 years.  (I’m not the only one!)  I have manually stamped documents using a Bates stamp.

These days we Bates-stamp (not “Bate-stamp”) electronically, mostly.

I noticed this when I was Bates-stamping a small supplemental document production using Adobe Acrobat today.  It looks like this:

 

So, as a trademark lawyer, that made me a little curious.  Because “Bates” sounds like — and is — a name, right?  Proper name… a product… associated with one another…. what is that called again?

A trademark, maybe?  Does a trademark belong in the Adobe menu like that?

Well, BATES is a common enough name that I wasn’t going to read every single BATES trademark registration.   (For free, that is.)  So in running down this issue, I only read the live ones.   I didn’t find anything.

Strange, I thought.  No one ever tried to protect the BATES numbering stamp trademark?  Indeed, in the pictures of old Bates stamps I snagged off the Net for this piece, there is no indication of an effort to assert a trademark — an effort that, if applied diligently, would probably have been succesful.

But I had to make sure… and, wait a minute!

Yes!

I had spied this version of the Bates stamp in several pictures.  Finally, I found this clear shot of a Bates stamp bearing the mark BATES with a “circle-R” trademark registration symbol!  Ah… Bates® … Royall®!  Circle-R!  You can in fact buy one even today.

Bates®.  Royall®.

Bates-Circle-R?  Really?

Not really, it seems. Or not quite. Read More…

Best of 2012: Bates and hooks

[stextbox id="info"]Originally posted on June 5, 2012, this may be the best post of all of 2012, and maybe ever, on LIKELIHOOD OF CONFUSION® or any other blog.

Okay, on LIKELIHOOD OF CONFUSION®.[/stextbox]

Bates numbering, that is.

As a litigator, I’ve been living with Bates-numbering, or Bates-stamping, for over 20 years.  (I’m not the only one!)  I have manually stamped documents using a Bates stamp.

These days we Bates-stamp (not “Bate-stamp”) electronically, mostly.

I noticed this when I was Bates-stamping a small supplemental document production using Adobe Acrobat today.  It looks like this (click the graphic for a better look):

 

So, as a trademark lawyer, that made me a little curious.  Because “Bates” sounds like — and is — a name, right?  Proper name… a product… associated with one another…. what is that called again?

A trademark, maybe?  Does a trademark belong in the Adobe menu like that?

Well, BATES is a common enough name that I wasn’t going to read every single BATES trademark registration.   (For free, that is.)  So in running down this issue, I only read the live ones.   I didn’t find anything.

Strange, I thought.  No one ever tried to protect the BATES numbering stamp trademark?  Indeed, in the pictures of old Bates stamps I snagged off the Net for this piece, there is no indication of an effort to assert a trademark — an effort that, if applied diligently, would probably have been succesful.

But I had to make sure… and, wait a minute!

Yes!

I had spied this version of the Bates stamp in several pictures.  Finally, I found this clear shot of a Bates stamp bearing the mark BATES with a “circle-R” trademark registration symbol!  Ah… Bates® … Royall®!  Circle-R!  You can in fact buy one even today.

Bates®.  Royall®.

Bates-Circle-R?  Really?

Not really, it seems. Or not quite.

So…. another Google search, this time for the words BATES and ROYALL, and I got to a helpful link on Trademarkia, those scoundrels!, listing all the “Bates Manufacturing Company, The.”  There are 35, says Trademarkia.  Of them, 34… dead.  The live one:

Why, that’s not a trademark registration for BATES at all!

Among the dead registrations listed by Trademarkia, in fact, none of them seems quite to identify a Bates stamp, i.e., a “numbering machine.”

So it seemed clear:  “Bates numbering” is indeed generic for Bates numbering — the placement of serial indices on images and documents, such as in preparation for document production in a litigation matter, and, historically, with a Bates stamp.  This is a nice little article on Bates stamps, by the way, among all the ones I saw preparing this post.  Tah-dah!

Well, not so fast.

Now Edwin Bates (per this Wikipedia article) knew a little about IP, or his lawyer did:  He got three patents for his Bates stamp.  No trademark, though?

No, not “no trademark.”  Well, not “no trademark registration.”  Keep reading.

Did you think I was going to rely on Trademarkia for this answer? Read More…