Hasbro fails to block sales of Transformer Prime

[techbeck]

Asus will be allowed to continue selling its Eee Pad Transformer Prime tablet, despite complaints from Hasbro that the name would lead consumers to think that the convertible Tegra 3-tablet was produced by the toymaker. Hasbro sued Asus in a US federal district court late last year over the name, months after the release of the Eee Pad Transformer and the announcement of the Transformer Prime.

In the case, Hasbro requested a preliminary injunction against Asus to have sales of the tablets halted until the case could be decided, citing that the products confused consumers and diluted its trademark. The judge, however, sided against Hasbro on nearly every point. While the neither the judge nor Asus disputed Hasbro's claim to the pending "Transformers" and "Transformers Prime" trademarks ? the latter of which is the name of a year-and-a-half old animated TV show ? the judge decided that the toymaker failed to prove that its products and the tablets would every be mistaken for each other. The products target different audiences, and the branding the two companies use are distinctly different. Hasbro argued that it has considered launching a Transformers-branded laptop and that it has plans to develop a Transformers Prime line of merchandise this year, but the judge says that since Hasbro doesn't detail the nature of these products it can't be determined if Asus' tablets will harm the toymaker. Additionally, the judge agreed with Asus that its naming scheme had nothing to do with Hasbro's products, citing that the "Transformer" portion of the name accurately describes the convertible nature of the tablets.

Lastly, the judge determined that Hasbro failed to demonstrate that it would suffer "irreparable injury" from its failure to halt Asus' sales of the Transformer Prime. The judge again sides with Asus, saying that the company and other suppliers would suffer if forced to recall its products ? estimated at 80,000 shipments to retailers over the next two months. While Hasbro has failed to get a preliminary injunction to halt Asus' sales of the tablet, the company can continue with the case and further seek remedy, but it may be dissuaded from such action following the judge's near-total agreement with Asus over the merits of the case.

The court's conclusion, in full:

In sum, Hasbro has not demonstrated a likelihood of success on the merits of its infringement and dilution claims. Even assuming "serious questions" going to the merits are raised, the present record fails to evidence a likelihood of irreparable injury or that the balance of the equities tips sharply in Hasbro's favor. Having waited until the purportedly infringing and diluting tablets had been on the market for almost a year, the Court sees no grounds for invoking the extraordinary and drastic remedy of preliminary relief that would reverse the status quo ante before the parties have had the opportunity to try the case on its merits. The motion is DENIED.

http://www.theverge.com/2012/3/27/2906106/hasbro-transformer-prime-lawsuit-denied

[IceBreakerG]

Am I the only one thinking if Hasbro was Apple, this would've been blocked a long time ago? The only difference is Asus blatantly ripped off the "Transformer Prime" name, considering there's even a current cartoon in production called "Transformers: Prime". Not sure how much more obvious it has to be.

[Lexcyn]

Look at it another way. The "transformer" actually does transform, from a tablet to basically a netbook. And the "transformer prime" is a better version than the previous, thus the "prime" moniker.

I'm glad this was shot down, people are sueing over the stupidest things lately.

[Nerd Rage]

That's like saying Apples is the same as Apple. Transformers ≠ Transformer.

I'm fine with these continuing to sell.

[techbeck]

Look at it another way. The "transformer" actually does transform, from a tablet to basically a netbook. And the "transformer prime" is a better version than the previous, thus the "prime" moniker.

I'm glad this was shot down, people are sueing over the stupidest things lately.

Prime really means excellence and quality.

[Southern Patriot]

Prime really means excellence and quality.

It can also mean "first". Depends on the context.

[nekkidtruth]

I have to sit here and laugh. When Hasbro first initiated this retarded quest, people argued that I was wrong and that Hasbro would prevail.

To all those who argued with me, I have one thing to say....

http://www.youtube.com/watch?v=aIrhVo1WA78

[techbeck]

I have to sit here and laugh. When Hasbro first initiated this retarded quest, people argued that I was wrong and that Hasbro would prevail.

To all those who argued with me, I have one thing to say....

I am with you. I figured Hasbro would not win or things would be settled out of court.

[Scorbing]

One word: Greed.

[a.mcdear]

One word: Greed.

That's weird, I counted three words..

[resol612]

Hasbro hardly has the cashpile or influence Apple has, so... fail!

In other news, will Facebook start suing notebook manufacturers over the "book" trademark?

[Salutary7]

I have to sit here and laugh. When Hasbro first initiated this retarded quest, people argued that I was wrong and that Hasbro would prevail.

Doing 5 minutes of research would have enlightened them :laugh:. Trademark infringement/dilution is centered around likelihood of consumer confusion. Thankfully, we don't live in a world where people are likely to confuse a $500 tablet with a line of $5 toy robots :rofl:

[nekkidtruth]

Doing 5 minutes of research would have enlightened them :laugh:. Trademark infringement/dilution is centered around likelihood of consumer confusion. Thankfully, we don't live in a world where people are likely to confuse a $500 tablet with a line of $5 toy robots :rofl:

That's what I said! But apparently I was an idiot for thinking that. Hasbro had a sure-fire case and was totally absolutely going to win, no matter what. LOL

[+Warwagon MVC]

I'm with Hasbro on this one. ASUS knew exactly what they were doing when they named it the Transformer prime. Idiots. It's a blatant franchise name rip off. I wish Hasbro hadn't failed.

[Growled Member]

One word: Greed.

I agree. Why would another thing the two products were related in any way?

[nekkidtruth]

I'm with Hasbro on this one. ASUS knew exactly what they were doing when they named it the Transformer prime. Idiots. It's a blatant franchise name rip off. I wish Hasbro hadn't failed.

What a load of BS. Good thing the court agreed with Hasbro (and you apparently)....Oh....that's right! They didn't.

It is utterly retarded to compare Asus' tablet to a toy line slash animated series. The judge was dead on with the ruling and the reasons for ruling the way he did. Hasbro isn't able to make a connection between the two because none exists.

[Elliott]

The case is still going to trial. It's just the preliminary injunction that was blocked.

Also, anybody else happen to catch the sales figures that were also released as a result of this ruling? Asus has racked up a whopping... 2,000 preorders? Ouch.

[+Warwagon MVC]

What a load of BS. Good thing the court agreed with Hasbro (and you apparently)....Oh....that's right! They didn't.

It is utterly retarded to compare Asus' tablet to a toy line slash animated series. The judge was dead on with the ruling and the reasons for ruling the way he did. Hasbro isn't able to make a connection between the two because none exists.

Calling it a Transformer is one thing, but calling it the Transformer PRIME, really....I mean really????? They couldn't find ANY other word in the whole god damn English dictionary to use after the word transformer except the ONE word that also has the Transformers franchise in common. Gimme a break.

It's like if the McIntosh Apple people made a book about apples called the Macbook. Ok, I could see how it could be a book about the McIntosh Apple, just like how a transformer could also be a computer. But then instead of calling it a Macbook they call it "MacBook Pro".

[Southern Patriot]

Doing 5 minutes of research would have enlightened them :laugh:. Trademark infringement/dilution is centered around likelihood of consumer confusion. Thankfully, we don't live in a world where people are likely to confuse a $500 tablet with a line of $5 toy robots :rofl:

Hasbro does, however, make many other products under the Transformers brand, including lots of electronic devices, even children's laptops. It is a similar situation, IMHO, to the Droid trademark deal between Lucasfilm and Verizon/Motorola, and Asus should have approached Hasbro about it in the first place.

[+ir0nw0lf Subscriber²]

Hasbro would have won if they could have proved one thing: that the Asus tablet makes the typical transformers transforming sounds... :rofl:

[Gaffney]

Is Hasbro going to make a tablet, pc or anything near this tablet where they might use their patent names?

Can you easily confuse a tablet with toys, tv shows and movies?

Might any consumer of the tablet buy it thinking it's in any way linked with Hasbro?

No, the name is similar but no sane human being is going to get confused by the tablet being called transformer prime unless Asus make a toy called Transformer prime or Hasbro makes a tablet called transformer, transformers or transformer prime.

As long as the product in no way tries to link it's self to the Hasbro transformers, the name is fine.

It's different from what these laws were actually made for. To stop eg Samsung making a phone that looks almost exactly like the iphone4 and also calls it the iphone4. I'm not going to get confused between an actual apple and an apple iphone.

[ArKeYa]

The case is still going to trial. It's just the preliminary injunction that was blocked.

Also, anybody else happen to catch the sales figures that were also released as a result of this ruling? Asus has racked up a whopping... 2,000 preorders? Ouch.

Primarily because Hasbro waited too long to assert their right and Asus had already made investments on the product. And I agree with the court on this decision. In the end this might just be a settlement case with Asus paying some royalties to Hasbro.

[nekkidtruth]

Calling it a Transformer is one thing, but calling it the Transformer PRIME, really....I mean really????? They couldn't find ANY other word in the whole god damn English dictionary to use after the word transformer except the ONE word that also has the Transformers franchise in common. Gimme a break.

It's like if the McIntosh Apple people made a book about apples called the Macbook. Ok, I could see how it could be a book about the McIntosh Apple, just like how a transformer could also be a computer. But then instead of calling it a Macbook they call it "MacBook Pro".

If you're incapable of differentiating between a Macbook laptop and a book called Macbook, the issue isn't with the which company released it. Just saying. There is a distinction. Just as there is between a tablet and TOYS, MOVIES AND A TV SHOW! See? I can do that too.

[ViperAFK]

I'm with Hasbro on this one. ASUS knew exactly what they were doing when they named it the Transformer prime. Idiots. It's a blatant franchise name rip off. I wish Hasbro hadn't failed.

No one is going to confuse an expensive tablet with a toy robot, hasbro has no case.

[+Warwagon MVC]

No one is going to confuse an expensive tablet with a toy robot, hasbro has no case.

Still feels like a trademark infringement