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:
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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.
29 Comments on Hasbro Sues Asus over Transformer Prime Tablet, Shouts Trademark Infringement
Rant over.
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.
Hopefully a judge will tell them to (please excuse another Scottish outburst) a fuck to themselves.
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
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 seeing your side now.
But still.... I may see but I'm still sick of all the pish. :D
Also, as you've said, they have to defend their trademark.