Hasbro Sues Asus Over Tranformer Prime Tablet's Name
Hasbro is suing Asus in court over the use of the Transformer name for its Eee Pad Transformer tablets, citing trademark infringement.
When Asus launched the Eee Pad Transformer Android 3.2.1 "Honeycomb" tablet back in April, it was surprising that Transformers trademark holder Hasbro didn't come out with guns blazing, screaming patent infringement and requesting loads of cash. All seemingly remained quiet over the summer presumably due to the fact that Hasbro would have a hard time in court linking the tablet's name to its line of transforming robots, especially when the tablet's name isn't plural.
But then last month Asus released the sequel tablet sporting Nvidia's Tegra 3 SoC and the same OS. Instead of calling it the Eee Pad Transformer 2, the company currently labels it as the Transformer Prime. The device doesn't transform into a truck or a sports car or a jet fighter, but merely morphs from a tablet form factor to a laptop form factor thanks to an optional keyboard accessory. But the added "Prime" label was enough to light a fire under Hasbro's legal team and have them filing a lawsuit in the Los Angeles court last week.
For fans of the Transformers franchise, the blatant referral on behalf of Asus is perfectly clear: Optimus Prime is the leader of the Autobots, the "good guy" faction of transforming robots from the planet Cybertron. The Transformer Prime could seemingly be deemed as the current leader of Android tablets because it's the first to sport Nvidia's Tegra 3 chip. Throw in the fact that the tablet actually transforms into a makeshift notebook doesn't help Asus whatsoever.
Hasbro's lawsuit claims that it contacted Asus about the original Transformer tablet sometime around its release, requesting that the company not use the Transformer name. But according to the lawsuit, "Asus refused to comply." The lawsuit also points to recent ads promoting the Transformer Prime which use imagery that "closely resembles imagery used in Transformers movies and video games, in particular evoking the Transformers home planet of Cybertron."
"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," Barbara Finigan, Hasbro's chief legal officer, said in a statement. "The Transformers property is an incredibly popular global brand which enjoys tremendous fan support and interest around the world. The action we have announced today is in the best interests of our company and our shareholders."
Hasbro is now suing Asus for trademark infringement, unfair competition, and trademark dilution. It has also asked the court to stop Asus from using the Transformer name in its current and future products, and seeks monetary compensation for damages.
The case is Hasbro Inc v. Asus Computer International Inc et al. Asus has not provided a statement as of this writing.
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This is possibly one time where I agree that the plaintiff should sue to protect their property.
Asus are clearly attempting to establish a link in potential consumers' minds between their product and the highly successful (but creatively bankrupt) movies and toy franchise.
They could have easily entered into a licensing deal like AMD has done in the past with Ferrari but they instead acted like a bunch of dicks and need to be bitch-slapped.
Adjective:
Prime:
Adjective:
Of first importance; main.
Noun:
A state or time of greatest strength, vigor, or success in a person's life.
Verb:
Make (something) ready for use or action, in particular.
Sorry Hasbro, you aren't going to win this one. To dissimilar from your trade mark, and the fact that prime is in there isn't good enough to move that in my opinion...
Grow the hell up..
However, if we can start suing over the use of words, I claim f...ehh, never mind.
Yeah adding that Prime into the Transformer family is way too much.
This is possibly one time where I agree that the plaintiff should sue to protect their property.Asus are clearly attempting to establish a link in potential consumers' minds between their product and the highly successful (but creatively bankrupt) movies and toy franchise.They could have easily entered into a licensing deal like AMD has done in the past with Ferrari but they instead acted like a bunch of dicks and need to be bitch-slapped.
BS. This is patent trolling. The tablet transforms. Therefore it's a transformer. Sue LG and their Optimus, too, then.
If the word transformer wasn't a made up word I'd get the lawsuit, but I'd say it's a stretch at best. I can easily see where both sides are coming from, but I'd argue that the fact that it transforming from a tablet to a laptop helps Asus because it shows obviously where the name comes from. "Prime" may not have been the smartest move, but again, I wouldn't say it was done on purpose. Knowing of both items if you said "Transformer Prime" I wouldn't even think about the franchise. Just my thoughts.
You spelled tranSformer wrong.
I was wondering when this was going to happen. Im surprised it took Hasbro this long to start the lawsuits.
LOL what? Do they have some secret competing device that the world doesn't know about?
What unfair competition? It's not like they are sticking these tablets into the kids isles.
These patents only screw over American customers, because you know what's gonna happen? Asus will NOT comply no matter what. They'll just pull Transformers from USA or sell them under a different name while the rest of the world enjoys patent troll free shopping experience. Somehow Europe and Asia provides profit for the companies WITHOUT lawsuits every week.
Also, Hasbro was bribed by Apple
"These patents only screw over American customers, because you know what's gonna happen? Asus will NOT comply no matter what. They'll just pull Transformers from USA or sell them under a different name while the rest of the world enjoys patent troll free shopping experience. Somehow Europe and Asia provides profit for the companies WITHOUT lawsuits every week."
So does this mean they won't update firmware and stuff like that for those who have already purchased?
Hasbo, why don't you go and make new Beast Wars series instead of this BS/waste of time, or are you trying to get some funds?
Tranformer.
I actually own a Asus Transformer and have been quite impressed with it, and the new 2nd gen Transformer Prime reviews..
After reading many write ups one both tablets, NEVER has Hasbro's Transformers came to mind.
This is just blatent trolling by Hasbro
If I was 8 years old again, I might ask my dad to get an Asus Transformer Prime, sure. As it stands now, I'm 33 and this didn't even remotely make me think of Optimus Prime or any other Autobot until I read this article. Shame on you Hasbro. I hope you lose and lose money doing so.
Unlike some other commenters in the article, I've thought about the Transformers but only because I found it clever of Asus to name the tablet in such a way - I found the Transformers franchise to be completely retarded and stereotypical and was glad that the name was overtaken by someone who did more with it.
Some of these comments are stupid.. the tablet is called Transformer Prime. They were obviously using it as a marketing strategy. I honestly thought Asus had a deal with Hasbro to use this name, but obviously they didn't. I read another article a while ago where Asus said their next tablet after Transformer Prime was going to be named after another Transformer.
Hasbro did the right thing to sue because Asus isn't paying a royalty to use a brand name.
These patents only screw over American customers, because you know what's gonna happen? Asus will NOT comply no matter what. They'll just pull Transformers from USA or sell them under a different name while the rest of the world enjoys patent troll free shopping experience. Somehow Europe and Asia provides profit for the companies WITHOUT lawsuits every week.
this is a fairly legitimate trademark claim.
transformer... ok
prime... ok
transformer prime... thats a sticky situation there...
its a transforming tablet. its also... well read the definition above...
but optimus prime is a transformer...
this isnt rounded icons, or finger gestures.
LOL what? Do they have some secret competing device that the world doesn't know about?What unfair competition? It's not like they are sticking these tablets into the kids isles.
Went to Toys R Us, they were selling a Asus tablet there, though we bought the Amazon Kindle Fire for my sister there.
I did think of the Hasbro toys when the Asus Transformer Prime came out though.
But Hasbro's toy line is called Transformers, with a "S" at the end. something as little as this makes a big difference when it comes to these cases.
ASUS is taking advantage of the Transformers movies popularity (maybe the Transformers special effects popularity, because the movies are nothing special), there is no doubt here. I don't know if Hasbro is going to win this lawsuit or lose it but it is not a "your phone is black, i sue you" case.
Anyway I always was a huge fan of Robotech/Macross, never really liked the Transformers animation.
ROBOTECH OH YEAH!!!!!!
greatest show I watched growing up
Hasbro is asking for $99999199999 in damages
Hasbro should team up with ten and with every Transformer Prime give a special cut of Dark of the Moon and other various Transformers stuff also they could allow "paint jobs" for the tablets that are the colors of your Favorite Transformer that way they don't look so petty over suing for something really they should not win but most likely will with those added benefits Hasbro could have on their hands an Official Tablet for Transformer Fans (I hear there are a few of us out there)
Also it would be bomb if they could get Peter Cullen to do an intro to the tablet using the Optimus Prime voice im just saying they should make the best out of a situation Not paying all these lawyers loads of money
I don't know anyone who thinks or associates 'Transformers' or 'Optimus Prime' with the Asus Transformer or Transformer Prime. The most that comes out of it, is that the device can transform, and thats a function that everyone knows what it is. Althouth they may have gone too far by using the prime name. They could of called it Transformer One. Or Transformer Plus/Ultimate anything but prime, as Transform is a generic name. Althought it would be cool if Asus teemed up with Hasbro, and they enhance the trandformer line, making it look cool
Also painthing it or adding logos with transformers elements etc.
if they could get Peter Cullen to do an intro to the tablet using the Optimus Prime voice
They could avoid a lawsuit with Hasbro by saying the voice could easily be Venger from Dungeons & Dragons, Eyyore from Winnie the Pooh, Red Skull from Spiderman or even KARR from Knight Rider
...
Depends if he says anything stupid like "Autobots, roll out!" or not
They could avoid a lawsuit with Hasbro by saying the voice could easily be Venger from Dungeons & Dragons, Eyyore from Winnie the Pooh, Red Skull from Spiderman or even KARR from Knight Rider...Depends if he says anything stupid like "Autobots, roll out!" or not
Don't you mean "Autobots, sell out!"?
What this article fails to mention is that The Hub (TV station owned/operated by Hasbro) currently airs a show called Transformers Prime (http://www.imdb.com/title/tt1659175/). With only 1 single letter difference I can see a solid case for Hasbro.
Asus is the one at fault here, they went overboard with it now, with the adding of "prime", it is blatantly clear that they are trying to cache in on the asociation with a name most of us associate with fond childhood memmorys. As for LG if they add prime to there optimus line they deserv to get kicked where the sun don't shine.
What this article fails to mention is that The Hub (TV station owned/operated by Hasbro) currently airs a show called Transformers Prime (http://www.imdb.com/title/tt1659175/). With only 1 single letter difference I can see a solid case for Hasbro.
I was about to say the same thing. A lot of people are unaware of this newest edition of the classic cartoons. Transformers: Prime came out about a year ago as a five part mini series that led up to the launch of the series of the same name.
If it weren't for that I'd say the lawsuit was a bit of a stretch. But this is just too similar. They are obviously trying to get piggyback on the recent success of the franchise.
i thought i was wrong when i was pondering..
wtf hasbro.. i thought orginal transformer history and brand name came from Japan
Transformers characters that appeared between 1984 and 1993. The Transformers began with the 1980s Japanese toy lines Microman and Diaclone.
I'm sorry to Hasbro but I did not connect the Transformers series to the tablet name. Not at all.