Hasbro Fails in Their Attempt to Block Sales of the Asus Transformer Prime Tablet
Tuesday, March 27th, 2012 3:01PM CDT
Category: Company NewsPosted by: El Duque Views: 34,072
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From the judge presiding over the case:
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.
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Posted by Rated X on March 27th, 2012 @ 3:10pm CDT
Hasbro get a life...
Posted by SlyTF1 on March 27th, 2012 @ 3:16pm CDT
Posted by Kylehudson1996 on March 27th, 2012 @ 3:23pm CDT
U were never going to win
Posted by paul053 on March 27th, 2012 @ 3:31pm CDT
Posted by Pinoytron on March 27th, 2012 @ 3:34pm CDT
Posted by kirbenvost on March 27th, 2012 @ 3:35pm CDT
Kibble wrote:I wonder if the Transformer Prime laptop line is the same as Hasbro's where the super limited initial run is good, but the ones they release to the masses are crappy?
lol... I was actually kind of rooting for Hasbro on this one. Maybe not right to ban sales, but to force a name change seems reasonable to me. "Transformer Prime" is just too blatantly similar. But whatever, makes no difference to us at the end of the day.
Posted by Pinoytron on March 27th, 2012 @ 3:44pm CDT
paul053 wrote:Totally unnecessary. Hasbro, save your money on lawsuit and give us better toys.
I Agree!!
Posted by UltraPrimal on March 27th, 2012 @ 3:46pm CDT
kirbenvost wrote:Kibble wrote:I wonder if the Transformer Prime laptop line is the same as Hasbro's where the super limited initial run is good, but the ones they release to the masses are crappy?
lol... I was actually kind of rooting for Hasbro on this one. Maybe not right to ban sales, but to force a name change seems reasonable to me. "Transformer Prime" is just too blatantly similar. But whatever, makes no difference to us at the end of the day.
I agree. I was with Hasbro on this one. Though maybe the 2 companies should have just gotten together and released an official Transformers branded laptop/tablet thing. I'm currently in the market for a new laptop/tablet and I was actually looking at getting an ASUS Transformer Prime, simply because of the name.
Posted by dragons on March 27th, 2012 @ 4:03pm CDT
http://www.thehubsite.com/#/about-the-hub/photo-tour.
this waste of hasbro money i read
heres soemthing funny
http://www.ranker.com/list/the-13-dumbe ... mtx?page=3
Posted by Galactic Prime on March 27th, 2012 @ 4:29pm CDT
Posted by Forgotten on March 27th, 2012 @ 4:35pm CDT
Posted by Mkall on March 27th, 2012 @ 4:39pm CDT
Posted by Super Megatron on March 27th, 2012 @ 4:46pm CDT
Posted by Seibertron on March 27th, 2012 @ 4:47pm CDT
UltraPrimal wrote:kirbenvost wrote:Kibble wrote:I wonder if the Transformer Prime laptop line is the same as Hasbro's where the super limited initial run is good, but the ones they release to the masses are crappy?
lol... I was actually kind of rooting for Hasbro on this one. Maybe not right to ban sales, but to force a name change seems reasonable to me. "Transformer Prime" is just too blatantly similar. But whatever, makes no difference to us at the end of the day.
I agree. I was with Hasbro on this one. Though maybe the 2 companies should have just gotten together and released an official Transformers branded laptop/tablet thing. I'm currently in the market for a new laptop/tablet and I was actually looking at getting an ASUS Transformer Prime, simply because of the name.
I was also with Hasbro on this, though I agree that perhaps they waited too long. The names are too similar. Might as well come out with the "General Computers Chevrolet Pickup" which features an easy on the go flip out handle to make it easy to pick up and go.
Posted by T-Macksimus on March 27th, 2012 @ 4:56pm CDT
Galactic Prime wrote:Hasbro was well within it's rights to sue, this judge is a dipshit.
Totally agree!! This ruling was Bullsh**!
Anyone with half a brain knows better to even think about releasing a product with ANYTHING Transformer in its name without clearing it through proper channels. The people at ASUS knew full well what they were doing and were deliberately banking on using the Transformer brand to jack their profit margins. This is blatant theft and infringement. This isn't like the gripe that Hasbro has with the 3rd party stuff, this is malicious intent by a corporation and those of you dismissing it and laughing about it, or even worse, promoting it don't seem to realize that Hasbro can't give you what you want when they have to invest their profits in stuff like this and they can't afford to just give in without a fight because that will screw over their consumers as well in the long run.
I don't know what some of you guys THINK you know about the business world but it sure doesn't work the way a lot of you imagine. This was a big deal and it sets a bad precedent for other companies to pull the same crap and in the long run, Hasbro's consumers and investors get screwed by stuff like this. Can each and every one of you afford to build your collections on 3rd party stuff alone? I sure as hell can't!
Posted by Megatron Wolf on March 27th, 2012 @ 6:06pm CDT
Posted by shajaki on March 27th, 2012 @ 6:33pm CDT
necr0blivion wrote:When I hear "Transformer Prime", my thoughts go straight to the newest Hasbro animation depicting Cybertronians.
If it was just "Transformer" or "Prime", no issue.
i agree with this whole heartedly.
now most of this dissent comes from 3rd party talk, but whats with all the hatred and loathing towards hasbro lately? yeah.. id love for hasbro to make every transformer of my dreams, but get real people. its a business and they dont owe us anything. the fact that they cater to us at all is amazing. and as far as this story? they named it "transformer prime" for christ sake. they have every right to persue legal action.
Posted by combiner711 on March 27th, 2012 @ 6:54pm CDT
Posted by Blackstreak on March 27th, 2012 @ 7:01pm CDT
Posted by Seibertron on March 27th, 2012 @ 7:01pm CDT
shajaki wrote:necr0blivion wrote:When I hear "Transformer Prime", my thoughts go straight to the newest Hasbro animation depicting Cybertronians.
If it was just "Transformer" or "Prime", no issue.
i agree with this whole heartedly.
now most of this dissent comes from 3rd party talk, but whats with all the hatred and loathing towards hasbro lately? yeah.. id love for hasbro to make every transformer of my dreams, but get real people. its a business and they dont owe us anything. the fact that they cater to us at all is amazing. and as far as this story? they named it "transformer prime" for christ sake. they have every right to persue legal action.
Well said.
Posted by Autobot032 on March 27th, 2012 @ 7:08pm CDT
Basically a "use it or lose it" kinda deal.
Hasbro probably knew they were going to lose, probably don't even really care, but they have to at least appear as though they care.
This way, they can say "They used our name, we fought it, we lost. Simple as that. What more do you want from us?" Then those running things behind the scenes (lawmakers and such) can say "Fair enough. Carry on."
I'm terribly disappointed in Hasbro, right now, for various reasons. It doesn't mean I'm going to kick them in the teeth for reasonable actions and reactions.
Some of you people just completely miss the point.
Posted by Rated X on March 27th, 2012 @ 7:20pm CDT
shajaki wrote:necr0blivion wrote:When I hear "Transformer Prime", my thoughts go straight to the newest Hasbro animation depicting Cybertronians.
If it was just "Transformer" or "Prime", no issue.
i agree with this whole heartedly.
now most of this dissent comes from 3rd party talk, but whats with all the hatred and loathing towards hasbro lately? yeah.. id love for hasbro to make every transformer of my dreams, but get real people. its a business and they dont owe us anything. the fact that they cater to us at all is amazing. and as far as this story? they named it "transformer prime" for christ sake. they have every right to persue legal action.
Are you serious ??? Seriously, are you serious ???
Im not saying the guy who named the laptop lives in a cave, but do you seriously believe he ever heard of the specific line "Transformers Prime" ??? Im not talking about G1 or Bayformers, Im talking about an small American made cartoon show aimed towards kids and collectors known as "Transformers Prime". The same show that even though it has been on the air 2 seasons, it just got it's first toys about 6 months ago.The guy probally only knows one name in the entire TF continuity, Bumblebee. (let alone the name to any series that until recently has been overshadowed by Michael Bay) Me personally, I dont even know what channel "The Hub" is on Comcast or what else they play besides TF Prime. I just download the show and watch it on my terms. I dont think there was any intenional theft and hasbro had to be smoking crack laced with meth to believe they had a case.
Posted by shajaki on March 27th, 2012 @ 8:18pm CDT
Rated X wrote:shajaki wrote:now most of this dissent comes from 3rd party talk, but whats with all the hatred and loathing towards hasbro lately? yeah.. id love for hasbro to make every transformer of my dreams, but get real people. its a business and they dont owe us anything. the fact that they cater to us at all is amazing. and as far as this story? they named it "transformer prime" for christ sake. they have every right to persue legal action.
Are you serious ??? Seriously, are you serious ???
Im not saying the guy who named the laptop lives in a cave, but do you seriously believe he ever heard of the specific line "Transformers Prime" ??? Im not talking about G1 or Bayformers, Im talking about an small American made cartoon show aimed towards kids and collectors known as "Transformers Prime". The same show that even though it has been on the air 2 seasons, it just got it's first toys about 6 months ago.The guy probally only knows one name in the entire TF continuity, Bumblebee. (let alone the name to any series that until recently has been overshadowed by Michael Bay) Me personally, I dont even know what channel "The Hub" is on Comcast or what else they play besides TF Prime. I just download the show and watch it on my terms. I dont think there was any intenional theft and hasbro had to be smoking crack laced with meth to believe they had a case.
im betting that thanks to micheal bay, the transformers are a household name by now. hell, when i was a kid my mom knew who optimus prime was cause i never shut up about it. and thats when they actually were a "small American made cartoon show". theyre probably the most widely known.. big robot thingies.. in the world at this point.
but youre making it sound like im accusing ASUS of stealing the name. it might be entirely coincidental. i dont know, and i dont really care either. all im saying is hasbro has the right to defend their copyrights.
if i made a sport drink called ASUS and later found out someone owned the name, (though theyre completely different products) id expect them to come after me.
*for the record, id never name a sport drink ASUS. its to close to anus*
Posted by amtm on March 27th, 2012 @ 8:44pm CDT
Remember the movie the Secret of Nimh? Well, it was based on a book called Mrs. Frisby and the Rats of Nimh. Guess what? Frisbee made them change the name of Mrs. Frisby to Mrs. Brisby. Nevermind that Frisbee itself was ripped off of a pie maker's name, Frisbie Pie Company, and its shape was designed after pie pans.
Or maybe take the Happy Birthday song. That was ripped off a song called Good Morning written several decades earlier. Yet if you try to use it, Warner will sue you, and win.
Or take the movie Dark City. They had to change the name twice. First it was called Dark World. Then Spielberg sued because somehow that was too similar to Jurassic Park 2, "The Lost World". So they went with Dark Empire. Nope. Lucas said he owned the word "Empire" because he used it in Star Wars. So they finally settled on Dark City.
Or take the Sleep Inn. Originally it was going to be called the McSleep Inn, since it was cheap and easy like McDonald's. McDonald's sued and won. Nevermind that sleeping in a motel for a night has nothing to do with getting a hamburger and fries in less than five minutes.
Based on history, Hasbro is completely within its rights to sue. Transformers are toys, but they're also tech, and I think you could easily argue there is a lot of crossover in their audience with all the 30-something male fans out there, so there is potential for confusion with an official Transformers product (and Hasbro had a toy Transformers laptop on the market not long ago, by the way, so it's not a stretch to think they'd license a real one soon after).
But Asus is also completely within its rights to rip off Hasbro's trademark, since nothing matters except whether you have enough money to win and get someone in the law enforcement/legal system on your side.
Posted by Galactic Prime on March 27th, 2012 @ 8:48pm CDT
T-Macksimus wrote:Galactic Prime wrote:Hasbro was well within it's rights to sue, this judge is a dipshit.
Totally agree!! This ruling was Bullsh**!
Anyone with half a brain knows better to even think about releasing a product with ANYTHING Transformer in its name without clearing it through proper channels. The people at ASUS knew full well what they were doing and were deliberately banking on using the Transformer brand to jack their profit margins. This is blatant theft and infringement. This isn't like the gripe that Hasbro has with the 3rd party stuff, this is malicious intent by a corporation and those of you dismissing it and laughing about it, or even worse, promoting it don't seem to realize that Hasbro can't give you what you want when they have to invest their profits in stuff like this and they can't afford to just give in without a fight because that will screw over their consumers as well in the long run.
I don't know what some of you guys THINK you know about the business world but it sure doesn't work the way a lot of you imagine. This was a big deal and it sets a bad precedent for other companies to pull the same crap and in the long run, Hasbro's consumers and investors get screwed by stuff like this. Can each and every one of you afford to build your collections on 3rd party stuff alone? I sure as hell can't!
Agreed 100%, I had no idea there were so many uneducated people here. I'm guessing most of the ones who think the Judge is right are all under 25 years old... So sad.
Posted by Flashwave on March 27th, 2012 @ 11:19pm CDT
Galactic Prime wrote:T-Macksimus wrote:Galactic Prime wrote:Hasbro was well within it's rights to sue, this judge is a dipshit.
Totally agree!! This ruling was Bullsh**!
Anyone with half a brain knows better to even think about releasing a product with ANYTHING Transformer in its name without clearing it through proper channels. The people at ASUS knew full well what they were doing and were deliberately banking on using the Transformer brand to jack their profit margins. This is blatant theft and infringement. This isn't like the gripe that Hasbro has with the 3rd party stuff, this is malicious intent by a corporation and those of you dismissing it and laughing about it, or even worse, promoting it don't seem to realize that Hasbro can't give you what you want when they have to invest their profits in stuff like this and they can't afford to just give in without a fight because that will screw over their consumers as well in the long run.
I don't know what some of you guys THINK you know about the business world but it sure doesn't work the way a lot of you imagine. This was a big deal and it sets a bad precedent for other companies to pull the same crap and in the long run, Hasbro's consumers and investors get screwed by stuff like this. Can each and every one of you afford to build your collections on 3rd party stuff alone? I sure as hell can't!
Agreed 100%, I had no idea there were so many uneducated people here. I'm guessing most of the ones who think the Judge is right are all under 25 years old... So sad.
You may be right, but at least one of us under 25 isn't so dumb. It doesn't HAVE tyo be the cartoon in particular, guys, "Transformer" and "Prime" lead to Hasbro's ~thirty years of name brand building.
On the grounds that the judge uesd, abotu being gimmicky, I can give him, but the obbvious white elephant in the room isn't "Oh look, it has a little blaster shaped kickstand", it's the name brand. Hasbro had the right and requirement to stand up for that, one of the posters here even proved that point by stating he'd have bought one BECAUSE it was TF and Prime. That is precisely the name infringement Hasbro is wanting to go after. Not TF:Prime neccessarily, but the two words add up to a single correlation that treads on their consumer base.
and they did. They should have won.
Posted by Dorkimus on March 28th, 2012 @ 5:48am CDT
Galactic Prime wrote:T-Macksimus wrote:Galactic Prime wrote:Hasbro was well within it's rights to sue, this judge is a dipshit.
Totally agree!! This ruling was Bullsh**!
Anyone with half a brain knows better to even think about releasing a product with ANYTHING Transformer in its name without clearing it through proper channels. The people at ASUS knew full well what they were doing and were deliberately banking on using the Transformer brand to jack their profit margins. This is blatant theft and infringement. This isn't like the gripe that Hasbro has with the 3rd party stuff, this is malicious intent by a corporation and those of you dismissing it and laughing about it, or even worse, promoting it don't seem to realize that Hasbro can't give you what you want when they have to invest their profits in stuff like this and they can't afford to just give in without a fight because that will screw over their consumers as well in the long run.
I don't know what some of you guys THINK you know about the business world but it sure doesn't work the way a lot of you imagine. This was a big deal and it sets a bad precedent for other companies to pull the same crap and in the long run, Hasbro's consumers and investors get screwed by stuff like this. Can each and every one of you afford to build your collections on 3rd party stuff alone? I sure as hell can't!
Agreed 100%, I had no idea there were so many uneducated people here. I'm guessing most of the ones who think the Judge is right are all under 25 years old... So sad.
I had no idea there were so many lame people.
Funny how many lawyers here always are. Sorry, you aren't. Well in that case I recommend that you take that job, for obviously you would be a hell of a lawyer. Winning every case and so on. And did you know that they make quite good money as well. Besides; maybe there wasn't case and the judge made the right call. I don't think that hasbro owns word prime anyways.
Posted by Vicalliose on March 28th, 2012 @ 10:56am CDT
Hasbro is worth 3.5 BILLION, some computer company or small 3rd party company using a similar name or similar looking product, pose no threat to Hasbro or any of it's consumers in any way. Not to mention if 3rd party actually could pose a threat, the costs of 3rd party would need to be significantly lower. Regardless, I support competitive markets anyway.
Posted by Scaleface on March 28th, 2012 @ 11:55am CDT
amtm wrote:This is just more proof of how inconsistently copyright/trademark law is applied.
Remember the movie the Secret of Nimh? Well, it was based on a book called Mrs. Frisby and the Rats of Nimh. Guess what? Frisbee made them change the name of Mrs. Frisby to Mrs. Brisby. Nevermind that Frisbee itself was ripped off of a pie maker's name, Frisbie Pie Company, and its shape was designed after pie pans.
Or maybe take the Happy Birthday song. That was ripped off a song called Good Morning written several decades earlier. Yet if you try to use it, Warner will sue you, and win.
Or take the movie Dark City. They had to change the name twice. First it was called Dark World. Then Spielberg sued because somehow that was too similar to Jurassic Park 2, "The Lost World". So they went with Dark Empire. Nope. Lucas said he owned the word "Empire" because he used it in Star Wars. So they finally settled on Dark City.
Or take the Sleep Inn. Originally it was going to be called the McSleep Inn, since it was cheap and easy like McDonald's. McDonald's sued and won. Nevermind that sleeping in a motel for a night has nothing to do with getting a hamburger and fries in less than five minutes.
Based on history, Hasbro is completely within its rights to sue. Transformers are toys, but they're also tech, and I think you could easily argue there is a lot of crossover in their audience with all the 30-something male fans out there, so there is potential for confusion with an official Transformers product (and Hasbro had a toy Transformers laptop on the market not long ago, by the way, so it's not a stretch to think they'd license a real one soon after).
But Asus is also completely within its rights to rip off Hasbro's trademark, since nothing matters except whether you have enough money to win and get someone in the law enforcement/legal system on your side.
Many of the instances you cite were settled out of court to avoid litigation, and therefore have NOTHING to do with actual case law. Only instances that go to court and are decided by a judge would even matter. Anyone can Sue for anything and settle out of court. That does NOT make for precidents in other cases.
Posted by Kibble on March 28th, 2012 @ 3:31pm CDT
Posted by Anonymous on March 28th, 2012 @ 6:39pm CDT
Posted by Rated X on March 29th, 2012 @ 9:09am CDT
Kibble wrote:What I find amazing is that so many here care either way... Really, who gives a shit? Or maybe the better question is: why? Do Transformers somehow suffer from this stupid laptop having its name what it is?
Good point. But Im not seeing alot of real Transformer fans here. Im seeing Hasbro fans. Yep, Barbie, My Little Pony and all. Some people seem willing to take a bullet for some men in suits who werent even employed by Hasbro during the Golden age of Transformers. (1980's) If I get a job with Hasbro tomorrow, these guys will probally bow down to me too like if I was there from day one. (1984) Even the Hasbro janitor deserves G1 stock shares in their opinion.
Posted by alternator77 on March 30th, 2012 @ 1:38pm CDT
dont you litigators have cases of your own to work on
but seriously im wondering when hasbro is going to go after amazon for their amazon prime service,or the prime flatbed company or the prime movie from 2005, or the crossbow named you guessed it PRIME
lighten up everyone please lol!
Posted by Scaleface on March 31st, 2012 @ 8:18pm CDT
I do find it funny when people cite cases that were settled out of court and think that they have anything to do with IP laws. Just because Disney sues some clown for dressing up like Tigger and they settle out of court doesn't mean Disney was in the right by the law, just that the clown was intimidated by the threat of a legal suit.
Posted by 5150 Cruiser on April 1st, 2012 @ 11:33pm CDT
Vicalliose wrote:Hasbro is probably in the right in terms of "laws", but f**k the law! It's just foolish to think anyone could mistake a damn Eee Pad for a $12.00 transforming robot toy. I'm just glad that there's still people in the justice system who have a little common sense left.
Hasbro is worth 3.5 BILLION, some computer company or small 3rd party company using a similar name or similar looking product, pose no threat to Hasbro or any of it's consumers in any way. Not to mention if 3rd party actually could pose a threat, the costs of 3rd party would need to be significantly lower. Regardless, I support competitive markets anyway.
Its not about whether it dips into hasbro's profts at the time. its about whats right. Sorry saying in the same sentance that they have legal rights, but then say who cares??? Really? This is the problem right here. Respect. Something people this day and age really have little of.
It absolutely sickens me when people have this mentality that because the big guy is doing just fine finacialy, that it gives the litte guy the right to use there intilectual property. All on the basis of..
"They pose no threat, so who cares?"
If no one ever cared, everyone would be walked all over. You don't get speacial privliges becasue your starting out. You don't get exceptions. everyone starts out as the "little guy" at some point. You get big because your smart at buisness. Not because of free handouts.
Rated X wrote:
Good point. But Im not seeing alot of real Transformer fans here. Im seeing Hasbro fans. .
And in that right, i could call you a KO Toys fan and not a real Transformers fan.
Posted by RhA on April 2nd, 2012 @ 12:49am CDT
Rated X wrote:Good point. But Im not seeing alot of real Transformer fans here.
You just said that. Jeebus.
Posted by hpfabe on April 12th, 2012 @ 7:33am CDT
UltraPrimal wrote:kirbenvost wrote:Kibble wrote:I wonder if the Transformer Prime laptop line is the same as Hasbro's where the super limited initial run is good, but the ones they release to the masses are crappy?
lol... I was actually kind of rooting for Hasbro on this one. Maybe not right to ban sales, but to force a name change seems reasonable to me. "Transformer Prime" is just too blatantly similar. But whatever, makes no difference to us at the end of the day.
I agree. I was with Hasbro on this one. Though maybe the 2 companies should have just gotten together and released an official Transformers branded laptop/tablet thing. I'm currently in the market for a new laptop/tablet and I was actually looking at getting an ASUS Transformer Prime, simply because of the name.
Same here, actually. Besides, Asus has Lamborghini branded ones, and ones with various artists/actors, so this wouldn't be a stretch for them.
Posted by hpfabe on April 12th, 2012 @ 7:47am CDT
As to the comment above questioning why people even care, and about the lame wannabe lawyers:
I care, because I find intellectual property law interesting, and because I have a love for the Transformers brand, and because I AM a wannabe lawyer (I'm currently in law school, despite being old enough to have been a kid when Transformers originally came out, which is another reason why I've been so busy and am just catching up on this thread now).
As to suing over something seemingly insignificant, and the comment about Amazon Prime:
They HAVE to sue to defend their copyright. As correctly stated above, if they don't, then they risk allowing it to essentially be a public domain word or phrase, and then lose ownership of it. The wouldn't bother with Amazon Prime, because they don't own either word. However, as they have various copyrights related to phrases starting with "Transformers" and ones ended with "Prime," they legally have to make an issue out of such a similar combination of words.
It's been a while since I read this judge's ruling, so maybe someone can correct me if I'm wrong, but I don't think this was a ruling on the merits of the case, or dismissing the complaint. The case is still ongoing. Wasn't this just a ruling on Hasbro attempting to put a preliminary injunction on Asus being able to continue selling the tablet while all of this litigation begins?