Hasbro Fails to Prevent ASUS from Selling Transformer Prime Tablet in Trademark Case
March 27, 2012 4:09 PM
comment(s) - last by
ASUS Transformer Prime
The judge ruled that there was nothing "gimmicky" about the Eee Pad Transformer or Transformer Prime that would cause anyone to confuse the two products
It looks like ASUS' Transformer Prime tablet defeated Transformers' Optimus Prime in a name game battle.
In December 2011, toy maker
Hasbro filed a lawsuit against computer manufacturer ASUS
claiming that the name of ASUS' Transformer Prime tablet was much too similar to its line of Transformers toys.
The lawsuit was filed in the Los Angeles federal court, where Hasbro was seeking damages as well as a temporary injunction to stop ASUS from selling its Transformer Prime tablet.
The situation seemed a bit odd, since both products are so different. Hasbro's leader of the Autobots, Transformers' Optimus Prime, is a transforming robot from the planet Cybertron that constantly fights other transforming robots called Decepticons. Then you have
ASUS' Transformer Prime
, which is a 10-inch tablet that features a NVIDIA Tegra 3 quad-core processor, 8 MP rear camera, 1.2 MP front-facing camera and the Android mobile operating system for $499 (32 GB) and $599 (64 GB). One could hardly confuse the two.
Apparently the judge in the U.S. federal court felt the same way. The court ruled that ASUS could sell its Transformer Prime tablet because there was nothing "gimmicky" about the
Eee Pad Transformer
or Transformer Prime that would cause anyone to confuse the two products. The decision was solidified when the court realized that ASUS had named its tablet appropriately, since the tablet can transform into a laptop computer. Furthermore, the court said Hasbro waited too long to file the lawsuit and was not entitled to a preliminary injunction despite its planned launch of the Transformer Prime line this month.
"In sum, Hasbro has not demonstrated a likelihood of success on the merits of its infringement and dilution claims," said the judge. "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."
Hasbro, of course, disagreed with the ruling.
"Hasbro strongly disagrees with the Court’s decision not to preliminarily enjoin ASUS’ use of those marks, however we were pleased with the Court’s views on the strength of Hasbro’s TRANSFORMERS and TRANSFORMERS PRIME marks," said Hasbro. "While the case proceeds toward trial, Hasbro will continue to actively pursue this matter and will take all steps necessary to protect its globally recognized and established marks.”
This article is over a month old, voting and posting comments is disabled
RE: This is understandable
3/28/2012 8:21:57 AM
All transformers run Android FSO - Freshly Squeezed Orange, which after many iterations was sold to a unnamed alien organization and implemented in robot technology, to reduce costs and save power - power which in turn can be rerouted to other more vital systems - like weapon technology for example.
Using the previous ill-fated OS of Microsoft - Sliding Doors 88 with integrated metrosexual interface resulted in massive power loss and malfunction...
"There's no chance that the iPhone is going to get any significant market share. No chance." -- Microsoft CEO Steve Ballmer
Hasbro Sues ASUS Over "Transformer" Trademark
December 22, 2011, 11:08 AM
Transformer Prime Reviews Agree, Prime is "King" of Android Tablets
December 1, 2011, 11:54 AM
ASUS Eee Pad Transformer in Low Supply, Plagued by Component Shortages
May 3, 2011, 7:44 AM
Smart Security Cameras: 5 Good Choices For Any Budget
July 25, 2016, 7:13 PM
Top 5 Smart Watches
July 21, 2016, 11:48 PM
Retiree Sues Apple For $7,500 for Wiping Honeymoon Photos From His iPhone
November 30, 2015, 10:23 AM
iPhone 7 May Pack 3-4 GB Memory, More Storage; 4-Inch Comeback is Rumored
November 20, 2015, 10:12 PM
OnePlus One, OnePlus 2 Will Receive Android Marshmallow in Q1 2016
November 16, 2015, 9:58 AM
Lenovo Whoa: Motorola Droid MAXX 2 and Turbo 2 Break Cover in Leaks
October 26, 2015, 3:12 PM
Most Popular Articles
iPhones May Get Curved Screens Next Year
August 24, 2016, 6:45 AM
Drones at the Airport
August 26, 2016, 5:00 AM
5 Easy Ways to Lower Blood Pressure By Monique C. Bethell, Ph.D.
August 25, 2016, 8:00 AM
2 NEW PlayStation 4 Models - Unveiling September 7th
August 23, 2016, 6:23 AM
First Apple Computer Auctions for $815,000
August 27, 2016, 7:51 AM
Latest Blog Posts
First Self-Driving Car debut on the streets of Singapore
Aug 28, 2016, 4:10 PM
Coming Soon - Drones and Airports
Aug 24, 2016, 12:40 PM
SolarCity’s Gigafactory: A Milesone in Emerging Technology by Lily Emamian - 15 August 2016
Aug 15, 2016, 6:30 AM
Sceptre Airs 27", 120 Hz. 1080p Monitor/HDTV w/ 5 ms Response Time for $220
Dec 3, 2014, 10:32 PM
Costco Gives Employees Thanksgiving Off; Wal-Mart Leads "Black Thursday" Charge
Oct 29, 2014, 9:57 PM
More Blog Posts
Copyright 2016 DailyTech LLC. -
Terms, Conditions & Privacy Information