Thursday, December 22nd 2011

Hasbro Sues Asus over Transformer Prime Tablet, Shouts Trademark Infringement

Shipment delays aside, Asus now has another problem involving its Tegra 3-powered Eee Pad Transformer Prime tablet, a trademark lawsuit. Last week US-based toy maker Hasbro has filed a complaint with the Los Angeles federal court through which it accuses Asus of violating its uber-popular 'Transformers' trademark.

Hasbro is obviously annoyed with the name of Asus' tablet which combines two important brands - Transformers and Optimus Prime. To 'make things right', Hasbro is asking for monetary damages and a temporary injunction that would prevent the sale of the Transformer Prime in the US.

Asus didn't respond to the lawsuit but it's probably taking action to ensure nothing disrupts Transformer Prime sales.

Source: paidContent
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29 Comments on Hasbro Sues Asus over Transformer Prime Tablet, Shouts Trademark Infringement

#1
cdawall
where the hell are my stars
by: Cristian_25H
Habro is obviously
Hasbro?
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#2
Cristian_25H
News Poster
by: cdawall
Hasbro?
Cheap keyboard, lots of W,S,A,D abuse :D.
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#3
Dj-ElectriC
Hahaahaa i asked myself when this thing will happen with all the transformers theming of mobile devices latly
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#4
the54thvoid
Do not read what is in my spoiler as it is very rude, contains expletives and many people may find a bit harsh.. I mean it - dont open it if you dont like swearing. And I'm scottish, it's part of my cultural lexicon.

[spoiler]Mother fucking bunch of twats. All i hear and see on tech channels now is this wanker suing that prick and it's doing my fucking head in. Aaarrrggghhhhhh. I'm all for proper patent infringement lawsuits on legitimate technological inventions and scientific breakthroughs but it's gone too fucking mother fucking uber fucking far.

I want to round up these suited up dreary grey bastards and make them eat i-phones, i-pads and Galaxy Tabs, throw molten Rambus products at them and use Transfucking formers as decaptitating frisbees©.

Fuck lawyers. Fuck em good.[/spoiler]

Rant over.
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#5
NdMk2o1o
Maybe the descendants of Michael Farraday should sue Hasbro as didn't he discover the first transformer?
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#6
Maban
Monetary damages for what? How could someone confuse the two and end up buying a tablet instead of a toy because of it?
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#7
DannibusX
by: the54thvoid
Rant over.
Hasbro has to defend their trademark. The ASUS Transformer Prime is pretty damn close to the name of their cartoon show Transformers: Prime. Now, I agree with the patent, lawsuit BS going on in the tech industry, but this is actually a legitimate concern and it's not like they're trying to get the product banned, they're just trying to force a name change.

The only thing I think that will hold them up in this case is the fact that they only have a trademark application in for the name Transformers: Prime, but hell, that'll probably hold up enough in court. ASUS will settle out of court, change the name of the tablet and roll on with the semi-cheap publicity from this lawsuit.
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#8
Halk
They will argue that people will assume there's some sort of endorsement or link between the products. Like Teenage Mutant Ninja Turtle lunch boxes...

Hopefully a judge will tell them to (please excuse another Scottish outburst) a fuck to themselves.
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#9
Lazzer408
Well at least the Go-Bots walk away unharmed.
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#10
LDNL
So while real dangerous ppl walk the streets waiting for their day at court, these 2 bicker who gets to be a transformer? :banghead:
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#11
DannibusX
by: LDNL
So while real dangerous ppl walk the streets waiting for their day at court, these 2 bicker who gets to be a transformer? :banghead:
Different court.
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#12
LDNL
by: DannibusX
Different court.
Still a pretty ridiculous if you ask me.
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#13
DannibusX
Not really, civil court has its place in the justice system just like criminal court does.
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#14
theonedub
habe fidem
I really thought I read somewhere that they got the OK to use the name when they made the first Transformer- guess not. Transformer Prime is really pushing the boundary.
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#15
the54thvoid
I'm outing DannibusX as a power lawyer with a secretary and all that lawyer bling.

But really. To nit pick. Hasbro has copyrighted 'Transformers'. Not 'Transformer'.

And they did so with the allusion to the principle a 'Transformers' is a shape shifting robot and this was used to merchandise their product (toys and cartoons of the 80's). 'Transformers' was used to infer the ability of robots to shapeshift.

Asus could easily argue the point that the Asus Transformer Prime is the first of it's (Asus) products (that's Prime for first) to create a seamless blend of mobile computing and tablet size ergonomics that transform the experience of using pc's or laptops to a much more mobile device. In essence, creating a distinction between the notion Hasbro will go for that it's called a Transformer because it changes shape (into a mini laptop with keyboard).

Transformer cannot be copyrighted I don't believe in a general context. The Prime isn't a toy or a cartoon, therefore it isn't encroaching on the creative space of Hasbro.

Despite how clever that might all sound, I have no clue if it's law or not. If Dannibusx argues against my point well, he has succumbed to my twap and is in fact a lawyer :p
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#16
DannibusX
by: the54thvoid
I'm outing DannibusX as a power lawyer with a secretary and all that lawyer bling.

But really. To nit pick. Hasbro has copyrighted 'Transformers'. Not 'Transformer'.

And they did so with the allusion to the principle a 'Transformers' is a shape shifting robot and this was used to merchandise their product (toys and cartoons of the 80's). 'Transformers' was used to infer the ability of robots to shapeshift.

Asus could easily argue the point that the Asus Transformer Prime is the first of it's (Asus) products (that's Prime for first) to create a seamless blend of mobile computing and tablet size ergonomics that transform the experience of using pc's or laptops to a much more mobile device. In essence, creating a distinction between the notion Hasbro will go for that it's called a Transformer because it changes shape (into a mini laptop with keyboard).

Transformer cannot be copyrighted I don't believe in a general context. The Prime isn't a toy or a cartoon, therefore it isn't encroaching on the creative space of Hasbro.

Despite how clever that might all sound, I have no clue if it's law or not. If Dannibusx argues against my point well, he has succumbed to my twap and is in fact a lawyer :p
Addressing your post here.

Hasbro very much has a case in this. They have a cartoon program called Transformers Prime that is getting ready to start a second season. They applied for the trademark Transformers Prime on April 7, 2010. Hasbro has to file a lawsuit to defend their trademark, Transformer Prime isn't exactly their trademark, but clearly it's close enough.

Also, I am not a lawyer. I have a soul.
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#17
SteelSix
Wow I'm a bots fan and the association never entered my mind. It's too close for Hasbro's comfort I guess. Silly Asus though if they came up with the Prime name hoping for an association (to consumers).
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#18
Octavean
I could see it if ASUS named it the Transformer “Optimus” Prime and used a logo or drawing of a known character. But this,…..this is just frivolous tripe,…..
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#19
RejZoR
It should be called "ASUS Transformator".
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#20
the54thvoid
by: DannibusX
Addressing your post here.

Hasbro very much has a case in this. They have a cartoon program called Transformers Prime that is getting ready to start a second season.
I did not know that. :twitch:

I'm seeing your side now.

But still.... I may see but I'm still sick of all the pish. :D
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#21
theJesus
by: DannibusX
Addressing your post here.

Hasbro very much has a case in this. They have a cartoon program called Transformers Prime that is getting ready to start a second season. They applied for the trademark Transformers Prime on April 7, 2010. Hasbro has to file a lawsuit to defend their trademark, Transformer Prime isn't exactly their trademark, but clearly it's close enough.

Also, I am not a lawyer. I have a soul.
I'm with you on this. Normally I hate these suits, but I think they have a legit claim here. It's not that people are going to confuse Asus' product with a Transformers toy, but that people may mistakenly associate the two with each other and think there is some form of endorsement. I think somebody else pointed this out already as well.

Also, as you've said, they have to defend their trademark.
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#22
erixx
Yesterday my Asus Transformer arrived. Best device ever :) Hasbro has done nothing for me, they can kiss my ass.
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#23
DrPepper
The Doctor is in the house
First thing that popped into my mind when I bought mine was transformers but I don't see how they have a case.
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#24
Delta6326
by: Cristian_25H
Hasbro is asking for monetary damages and a temporary injunction that would prevent the sale of the Transformer Prime in the US.
How can they even do monetary damages!? It's tablet that hasn't even come out yet! And if they think people are going to buy because of the name "Transformer Prime" then wouldn't that be a good thing(though they probably want money for it) as the new "Transformer" movies have ruined the original series. I don't see how they can even sue for the part "Prime" as that is a name(sure its a fake character, but I bet there are people that have that as a name so who's to say they didn't name it after them...) just like Foster Grant sunglasses.
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#25
Lazzer408
I came home late from work and put on some music. It was nice to know the transformer had been replaced since last nights storm. The power was finally back on. I hummed along to the tune playing through my Optimus loudspeakers. They were old but still sounded as great as the day I bought them. I was a little hungry from a days work and decided to cook up the now thawed prime rib. Just then I heard a loud pop and the lights went out again. Through the front window I could see a glow coming from the newly replaced transformer. A few things can be said at this point. Transformers suck. Optimus is dead. Prime is spoiled. Looks like it's Mountain Dew and Cheetos again tonight.
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