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Hasbro gets angry at Asus over Transformer Prime
TABLET MAKER Asus is being sued by Hasbro over the Transformer Prime because of its name.
The toymaking company has filed a lawsuit in Los Angeles asking for an injunction banning the device as well as payment of damages. Hasbro markets the Transformer action toys, one of which is called Optimus Prime. It claims that Asus is violating its trademark.
Hasbro told Paid Content, "Hasbro continues to aggressively protect its brands and products and the specific actions we are taking today against Asus underscores yet again Hasbro's willingness to pursue companies who misappropriate our intellectual property for their own financial gain."
The Transformer Prime is a follow-up device to the Transformer, which Asus launched in May. Hasbro never bothered to take any action over that tablet so we're surprised that it has taken it this long.
There's a chance that Hasbro will lose the lawsuit because the products are so different and therefore it's hard for a consumer to get confused between them.
The Transformer Prime isn't available in the UK yet. If Asus is forced to withdraw the device from the market this will no doubt disappoint large numbers of customers who have pre-ordered the tablet or are planning to splash out on one next year.
We've contacted Asus for its response to this situation but have had no reply yet. µ
Tags: Hardware
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"We've contacted Asus for its response to this situation but have had no reply yet."
As if you have an e-mail address that doesn't bounce.
Asus announces the successor to the Tansformer Prime, The Transformer Optimus! Actually, why not go after LG over the LG Optimus phone then? I don't blame companies using names from transformers as they have some sweet/catchy names for phones:
SkyQuake, SoundWave, SideSwipe, RamJet, Vortex
It'll be difficult for Hasbro to win this case. If the two were similar products, then perhaps the judge would rule in their favor. If ASUS used tacky cartoonish packaging and similar fonts and colors on it to what Hasbro uses for their Transformers range, then the judge might order ASUS to change the packaging to make it completely clear that there is no connection between the two products.
If only a moron could confuse the two products, then the case could only be successful in a place where such morons make up a significant proportion of the populace. Do you actually *want* Hasbro to be successful, given what that would imply?
I'm thinking Hasbro didn't fight the first time (defending over the Transformer name) because they clearly couldn't have won - power stations up and down the country have Transformers and were named that way before a plastic toy, the key difference here is the cheeky edition of Prime, the two together make all the difference - I believe Asus are trying to ride both Hasbro and Samsung names.
I have to agree with Jose. The fact that you don't like it that Hasbro is bringing this suit is not relevant. It is the trademark holder's responsibility to defend the trademark. If you do not defend the trademark when you believe it is being infringed you open up the possibility of the courts stripping the trademark from your or your company's control
You may not like it that hasbro is suing them, but they're well whitin their right. This isn't apple trying to ban everything under the sun for features that are the natural progression of smartphones; This is asus trying to ride on another brand's name. and for those of you that said there isn't a clear relation, the fact that some of you say you thought asus licenced the name is reason alone to show there are indeed confusions over it. I mean, maybe hasbro took it easy the first time because transformer is somewhat generic if associated loosely to their brand, but add prime to that and it's clear it somehow associates with the toys.
I doubt any person over the age of five is going to have difficulties distinguishing between a plastic toy and associated cartoon character and a tablet/netbook computer.
I assumed that Asus had licensed the "Transformer" name from Hasbro, since Hasbro didn't sue them for it with the first version. But add the word "Prime" to it and now they sue? A judge may find this peculiar and toss the case out for it.
If the Transformer Prime were to turn into Optimus .... I would buy the thing no matter what they called it !! ... it would make the options complicated tho', with keyboard and with tech lifeform entity, with keyboard but without tech lifeform entity etc, add 16Gb and 32Gb options and the range be become unmanageable !! so I doubt this will happen.
I highly doubt Asus would have to withdraw the Transformer Prime tablet ... they'd just need to rename it.
Also "one of which is called Optimus Prime"? How convincingly unaware you are, Optimus Prime is *the* main character of Transformers.... and I think Hasbro has done as much as anyone over time to trash the dignity of the original character by constantly revamping and rebranding him in tacky ways. (And don't get me started on Bichael May!)
unbelievable ! what a pointless waste of the courts time. How petty and twee of Hasbro. This isn't about 'protecting intellectual property', this is about going 'wah wah wahhhh' and throwing your toys out of the pram because you think you may profit by making a fuss.
No body is going to confuse a Tab-top for a cheap franchised child's toy. No parent is going to go out to buy their child an Optimos Prime toy and accidently purchase a Tab-top because the name was confusing.
Perhaps Apple should buy out Hasbro then they'd have slightly more opportunity to profit by suing at every chance they get. It's pathetic! HASBRO FAIL !!
I will be confused by trademarks when the Asus Prime actually turns into Optimus Prime when I turn the thing on. Then Hasbro has a valid case.