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Thread: ASUS beats Hasbro’s Transformer Prime lawsuit

  1. #1
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    ASUS beats Hasbro’s Transformer Prime lawsuit

    Late last year we reported that Hasbro was suing ASUS over using the name “Transformer Prime” (btw our giveaway ends tomorrow, be sure to enter if you haven’t already!) for its Android tablet. Well, it looks like Hasbro’s case against the electronics manufacturer has been thrown out the window. According to the judge’s ruling, ASUS didn’t do anything wrong by naming its tablet the Transformer since it was capable of transforming (with the addition of the keyboard dock).





    In addition, the judge refused to believe that anybody would confuse ASUS’ tablet with being a Hasbro product. “There is nothing gimmicky about the Eee Pad Transformer or the Eee Pad Transformer Prime, nor can it be said that there is any similarity in the use or function between Hasbro and Asus’s products.” I guess that statement holds true – at least until Hasbro starts manufacturing its own tablets in the future.

    ASUS will continue selling its tablet under the Transformer Prime moniker, and Hasbro will continue selling Transformers toys as usual – it is even scheduled to launch a line of “Transformer Prime” merchandise this month. What do you think of the judge’s verdict? Was it a fair decision?

    Source: UberGizmo
    caribsue likes this.

  2. #2
    Starscream
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    I think it is a fair judgment. Toys are toys, not electronic tablets. I don't think anyone will be confused, and both should be able to advertise with the same name without any confusion.

  3. #3
    Jazz
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    If a 5 year old says "I want a Transformer Prime" do you think the parent would go out and buy the tablet? Hell no! Asus is not taking away sales from Hasbro.
    I think it's a fair judgement and I'm glad of the result.

    (Ok, there may be some parents that will spoil their kids rotten. But, that means the kid would probably already own all of Hasbro toys.)

  4. #4
    Ratchet
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    Quote Originally Posted by al16000 View Post
    I think it is a fair judgment. Toys are toys, not electronic tablets.
    Only exception is that many of us consider our electronics and tools to be toys. You've heard the phrase "He who dies with the most toys, wins." I happen to subscribe whole heartedly to that statement.

  5. #5
    Starscream
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    I think Asus should have lost. A trademark is a trademark. If someone has a name trade marked it's theirs.
    TF101 Transformer 32Gb

  6. #6
    Ironhide
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    Quote Originally Posted by FXSarge View Post
    I think Asus should have lost. A trademark is a trademark. If someone has a name trade marked it's theirs.
    Except there *is* no Transformer Prime (in terms of a talking robot that turns into some kind of vehicle). There's Optimus Prime, Rodimus Prime, and Transformers who happen to be Primes....but there's no Transformer Prime.

    Both are common words in the English language. Further, neither Transformer tablets or Transformer toys are in any way in the same industry as each other. This is not like the lawsuit where a guy who's last name was McDonald tried to open his own restaurant called "McDonald's Diner" or anything like that...in that case, he had justification because it *was* his last name....but he was also opening a business that is in the same industry (ie. restaurants) as a company who owned the trademark on the name. Was the ruling that he had to change the restaurant name "right" from a justice perspective? I don't think so. Was it right from a legal perspective? Yes.

    I think the judge made the right decision in this particular case.

    PAB5204
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    Thankfully for Asus the judge didn't look at our forum. We had a few people get confused about the Transformer on this forum. Here's one I dug up from a confused young lady from last June:http://www.transformerforums.com/for...e-mabuhay.html

  8. #8
    Soundwave
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    Hey, a link to the giveaway mentioned in this article would've been nice! I searched the homepage, ran a search, and all I found was this: another prime giveaway, 2 this time around, which says the giveaway is already closed (and, open only to the US). Maybe I'm wrong, and lost, but it would've been nice to get in on! (Especially since my TF101 is acting like a piece of junk).

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    Quote Originally Posted by saitoki View Post
    Hey, a link to the giveaway mentioned in this article would've been nice! I searched the homepage, ran a search, and all I found was this: another prime giveaway, 2 this time around, which says the giveaway is already closed (and, open only to the US). Maybe I'm wrong, and lost, but it would've been nice to get in on! (Especially since my TF101 is acting like a piece of junk).
    Not to hijack this thread, but have you tried to Factory Reset to give your TF a clean start? It's worth a try. And if this doesn't help an RMA to Asus is probably needed for them to get your ICS software sorted out right. There's no need to just have your TF collecting dust. Many of us have our TF101's back in tip top shape again and loving ICS.

  10. #10
    Soundwave
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    Quote Originally Posted by PAB5204 View Post
    Except there *is* no Transformer Prime (in terms of a talking robot that turns into some kind of vehicle). There's Optimus Prime, Rodimus Prime, and Transformers who happen to be Primes....but there's no Transformer Prime.
    *snip*
    The latest Transformers series is called "Transformers Prime", and that I think is where the confusion was coming in. With a TV series and related merchandise (Toys, etc) I could see how the names could throw people off for a few minutes. IE- wondering if the Tablet was in any way related to the Transformers franchise.

    That being said, I'm really glad that ASUS won. The two companies don't compete in the same field, and outside of the name, there isn't anything similar. It was a waste of $ in my eyes for Hasbro to even bring up the suit.

    If I were in Hasbro's position, I think I would have reached out to ASUS first, to see if the two could be linked somehow. Throw a logo on there or something, or a bookmark on the default browser to the Hasbro website etc. Or maybe stream the new show to that particular tablet for free etc. Fans would eat that up

 

 
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