Courts side with Asus in 'Transformer Prime' lawsuit

[Bateluer]

http://paidcontent.org/article/419-hasbro-cant-stop-sale-of-transformer-prime-tablets/

But the judge refused to believe that consumers would be confused into believing that Asus’s tablet was 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.”

The court also found that Asus’ case was strengthened because it was using the word “transformer” as an accurate description because it can” “‘transform’ into a laptop computer when attached to its accompanying QWERTY keyboard dock.”

Finally, the judge suggested that Hasbro had waited too long to act and was not entitled to a preliminary injunction even though the toy company says it plans to launch a line of “Transformer Prime” merchandise this month.

Smart judge. Anyone dumb enough to believe the Asus tablet is associated with children's toys isn't smart enough to be buying electronics.

 

[alent1234]

this is just a no to a preliminary injunction. hasbro can still go to trial

 

[Oyeve]

Wow, I forgot about this.

 

[Bateluer]

this is just a no to a preliminary injunction. hasbro can still go to trial

With a judge already telling them they're idiots, forcing a trial would be a costly mistake for them.

 

[alent1234]

they don't have to win at trial, with the transformer selling in small quantities the case alone will cause it to be a money loser

 

[Mopetar]

they don't have to win at trial, with the transformer selling in small quantities the case alone will cause it to be a money loser

It's not even about that. U.S. Trademark law requires holders to defend their trademark against dilution or they run the risk of losing it. If there ever should be a case where Hasbro has a legitimate complaint, the opposition could point to the Transformer Prime and ask why Hasbro didn't bother in that case. That Hasbro lost isn't important. That they brought it before a court is.

 

[Bateluer]

they don't have to win at trial, with the transformer selling in small quantities the case alone will cause it to be a money loser

The TF201, even with its flaws, is still selling every unit made. Its sales would be much higher, if Asus could make them faster. Something they need to learn from with the next revisions.

It's not even about that. U.S. Trademark law requires holders to defend their trademark against dilution or they run the risk of losing it. If there ever should be a case where Hasbro has a legitimate complaint, the opposition could point to the Transformer Prime and ask why Hasbro didn't bother in that case. That Hasbro lost isn't important. That they brought it before a court is.

And anyone with half a brain, which thankfully, this Judge had, would simply state that a premium electronic computing device wasn't going to be confused with a line of children's toys to begin with.

If Hasbro was smart, they'd approach Asus about making a 'Special Edition' tablet with Autobot and Decepticon emblems laser etched into the back. That would make people drool and be mutually beneficial for both Hasbro and Asus.

This case really exemplifies the whole lawsuits gone wild that's afflicting the court system and industry right now.

 

[Mopetar]

And anyone with half a brain, which thankfully, this Judge had, would simply state that a premium electronic computing device wasn't going to be confused with a line of children's toys to begin with.

That's not the point. Hasbro probably went into it knowing that they'd lose, but that's not the important point. It's all about establishing that they've protected their trademark.

If Hasbro was smart, they'd approach Asus about making a 'Special Edition' tablet with Autobot and Decepticon emblems laser etched into the back. That would make people drool and be mutually beneficial for both Hasbro and Asus.

Because the two people who would get a a hard on from that are such a great market to target. If Hasbro were smart they would have licensed the name, much like Lucas licensed 'Droid' to Verizon/Motorola. Even if it's for nominal fee, they get to avoid the court battle, which probably didn't cost them much if they have a legal team on staff.

 

[Bateluer]

Because the two people who would get a a hard on from that are such a great market to target. .

Heh, how many tickets did Michael Bay's movies sell again? 😉

 

[alent1234]

not that i agree with hasbro, but asus was really dumb in picking a name. out of all the possible names out there, they picked one based on a giant robot movie that is based on a line of toys going back decades that is making a lot of money and ripe for any lawsuit to protect the trademark