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
3/29/2012 10:05:58 AM
You mean you hate a multinational company, and its entire product line, because someone you don't know, who has no connection with said company, commented something you don't like about a subject not even talked about in the article you were reading at the time?
“Then they pop up and say ‘Hello, surprise! Give us your money or we will shut you down!' Screw them. Seriously, screw them. You can quote me on that.” -- Newegg Chief Legal Officer Lee Cheng referencing patent trolls
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
Quick Note: Hilton Hotels to Use Smartphones as Room Keys, for Check-In/Check-Out
July 29, 2014, 12:53 PM
Verizon Wireless to Receive Exclusive "HTC One (M8) for Windows" Smartphone
July 29, 2014, 9:13 AM
Report: Microsoft's Chinese Offices Raided
July 28, 2014, 9:16 PM
Cell Phone Unlocking Bill Heads to President Obama's Desk
July 28, 2014, 11:58 AM
T-Mobile CEO John Legere is on the Warpath Again; Introduces $100, 10GB Family Plan
July 28, 2014, 10:12 AM
Update: Apple Updates 13", 15" MacBook Pro with Retina Display Notebooks
July 28, 2014, 9:09 AM
Most Popular Articles
Kindle Fire Phone Review Roundup -- A Solid "Meh"
July 23, 2014, 2:09 PM
Ford Details ’15 F-150’s 325hp, 2.7L EcoBoost V6; Demonstrates 732-lb Weight Loss
July 22, 2014, 6:55 PM
Windows 9 Will Merge Windows, Windows Phone, Windows RT in 2015
July 23, 2014, 3:33 PM
Comcast Memo: Harassing Customers During Retention Calls Actually IS Our Policy
July 22, 2014, 5:19 PM
Sony's Xperia Z3 Gets Detailed in Leaked Photos
July 25, 2014, 2:30 PM
Latest Blog Posts
Space Terrorism is a Looming Threat For the United States
Apr 23, 2014, 7:47 PM
Facebook Aims to Provide Internet to "Every Person in the World" with Drones, Satellites
Apr 1, 2014, 10:20 AM
Retail Mobile Sites Experience Outages in Light of Simplexity's Bankruptcy
Mar 14, 2014, 8:48 AM
Tesla vs. BMW: Who Has the Safer EV?
Feb 1, 2014, 2:56 PM
Justice Leaks Details of Next HTC One Two Flagship Phone
Dec 5, 2013, 4:04 PM
More Blog Posts
Copyright 2014 DailyTech LLC. -
Terms, Conditions & Privacy Information