Toy maker Hasbro is suing computer manufacturer Asus for daring - allegedly - to name an Android tablet after one of its biggest money spinners. Yes, Hasbro owns the Transformers line, and is annoyed not only that Asus has released the Eee Pad Transformer but also added the word 'Prime' to the end of the product's moniker. …
"Then there's the fact that while Transformers are robots that ingeniously 'transform' from humanoid figures into a vehicles, the Transformer Prime is a two-part unit that intentionally comes apart."
You mean it TRANSFORMS from a tablet into a netbook and vice-versa.
Hasbro don't have a let to stand on here, it's called a Transformer for that very reason, (as is their product)...
The sure sign of a successful product is when people try and sue then to get in on the action...
The sure sign of a successful product is when you're making a bigger pile of cash than your competitors.
They may be able to argue that it's confusing to consumers because of their recent deal with Lenovo
Isn't the problem here all about publicity
A lawsuit probably costs a lot less to start than a advert. Its existence is then picked up by a story hungry media. By careful promotion everyone wins.
Lawsuit is swiftly dismissed, or can be resurrected by either party when publicity is required.
Media gets lots of copy from examining the merits, or otherwise, in minute detail.
Commentator get a lunchtime of high blood pressure.....
Online advertisers get lots of hits.
No reputation damage done in cases like this.
What have I missed? Oh, the merits of the lawsuit - there aren't any, IMHO.
Learn what is being sued over, fool
Hasbro aren't claiming infringement over the "Transformer" name - just as they didn't sue LG for calling one of their phones the Optimus. They can't, because both "transformer" and "optimus" are words with their own meanings. What they're claiming is an infringement is the *phrase* "Transformer Prime", which is used in the movies, cartoons and comics as the name for the leaders of the Transformers and is trademarked. If Chevrolet release the Chevrolet Idol, no problem; if there was a car manfuacturer called American Automobiles, no problem. But if American Automobiles release the American Idol, you'd better believe a certain TV station is going to drop on them from a height for trademark violation.
Also, just as a sidebar: one of the few Transformers that actually *is* designed to come apart into two separate pieces is Optimus Prime, who separates into the robot and his trailer. Moreover, the trailer is directly analogous to the keyboard dock as it's there to provide additional functionality (it contains Optimus's spare weapons).
"Also, just as a sidebar: one of the few Transformers that actually *is* designed to come apart into two separate pieces is Optimus Prime, who separates into the robot and his trailer. Moreover, the trailer is directly analogous to the keyboard dock as it's there to provide additional functionality (it contains Optimus's spare weapons)."
I don't necessarily agree with your stance on the merits of the suit, but I wanted to reply to you just to salute your nerdiness!
The only thing more annoying than the idiots who launch these baseless suits,
are the commentards who try to defend them.
Beg your pardon
I didn't defend Hasbro's taking out the lawsuit - I simply corrected Barry S on his misinterpretation of why they had filed it and what grounds they were suing on. I can understand why people have misunderstood my intent, however.
Suits like these remind me of Private Eye's famous responses to people who threatened libel actions against the magazine, one of which ran roughly like this:
WINNER OF DAMAGES: It would be to your benefit if you were to send any further stories about me to my legal counsel, so they can advise you on whether or not to proceed with publication.
THE EYE: How would your legal counsel respond if we told you to fuck off?
Do Hasbro think that:-
a) the kids will go out looking to buy a new transformer toy and come home with a tablet with detachable screen by mistake
b) there's a chance that they can make some money on the side by forcing Asus to license the name from them.
You haven't played with any for a while.
The new ones come apart with very little persuasion. These bits then get lost.
As for the law suit, I'm surprised it's taken this long to come out.
It wouldn't surprise me if they argue that the popularity of Transformers-themed mods for the TF101 is proof that Asus are passing off. There have been crazier arguments.
On the face of it, there's no case to answer. Transformer and Prime are both generic terms that have a multitude of uses similar to but distinct from Optimus Prime the Transformer. Manufacturers of electrical transformers aren't being sued by Hasbro (not even when those transformers are manufactured by Prime Electric Ltd), and nobody raises an eyebrow when someone uses a Mellin transform to prove a Prime.
Now for the mandatory Apple conspiracy: Obviously Ha$bro are deep in the pocket of Apple and Steve Jobs is personally directing their actions from beyond the grave. It's likely their entire management team now has brand new iPads and iPods whilst the legal team are being paid secret billions by Apple's marketing department. BILLIONS I TELL YOU!
"Transformer Primes comes in dull, gun-metal grey" - So, more Megatron than Prime, then?
Shame that is a picture of the previous version Asus Transformer, and not the Transformer Prime
"We'd argue the company doesn't have a (retractable) leg to stand on."
Since when has that stopped certain companies suing?
I wonder if they'll go after LG next. Just the other day I confused that Optimus phone of theirs with the leader of the Autobots. Boy did I look silly.
Why would they prevent sale? This only makes sense between competing products.
Surely they will be going for a name change, or more likely damages?
I must admit....
When I saw reviews of it a little while ago, I seem to recall the name did make me vaguely think of Optimus Prime and wonder if it wasn't a trademark infringement. Maybe I've got a patent lawyer's brain - nooooooooooo.......
Heavens to Betsy, this is getting silly.
I mean, someone actually had to summon up the will to call the lawyers and tell them about this. Obviously, once invoked, the attorneys are going to go at it (that's how they earns they's Benjamins) but even on speed-dial someone had to initiate this action with an actual button-press.
Who-the-fudpuckin-hell actually did this? How did they get (and, more to the point, keep) their job? Is this some kind of care-in-the-community thing or what?
Sorry, I'm despairing about what humanity has become again. Must be Christmas.
So let's get this right. Asus have a new product that transforms from a laptop to a tablet and they have decided to call it Transformer Prime?
Hasbro have built up the Transformer franchise so that the words 'Transformer' and 'Prime' (especially when put together) is very likely to evoke images of a 20-30 foot robot. Hasbro have also attempted to build up the 'Hey Cool!' image of this robot, especially among young geeks (who are probably now slightly older geeks with hopefully cash to spare).
Then along comes Asus, selling into the geek 'Hey cool' market using a product name that could help them sell more of the product. Yup, I can see why Hasbro might be a bit cheesed off.
I think everyone realises ASUS probably lifted the idea from the series but proving it, or demonstrating any harm or confusion is caused by it is quite another matter.
ASUS already had a Transformer tablet for the last year. I can see ASUS arguing fairly succinctly that Transformer is a generic word in this case describing a function of the tablet to transform into a netbook, and that Prime is indicative of the fact that the model is the range tablet in the Transformer range.
There is nothing "cool".....
about an adult playing with an action figure.
Re: There is nothing "cool".....
"No sir! I didn't see you playing with your dolls again sir."
I would agree with that assessment. If Asus had just used "Transformer" on its own they could have got away with this, as they could (rightly) argue that "transformer" is a verb - a doing word that describes an action or state. But "Transformer Prime" evokes a very different mental image. Hasbro have got every right to get pissed off about this.
But I am dubious they have a right to do much more. Trademark law quite explicitly allows cross-over of name in distinctly different fields of trade. The case would come down to whether it is reasonable to assume people would get confused over whether the products are related. I don't see it myself.
But then again, a lot of people out there are apparently easily confused.
Any idiotic company that strings together two generic words
and then tries to trademark or copyright or whatever to legally protect that usage deserves not only to have non-competitors use the words in their products, but to have no-name outfits in their own industry wallop them upside the wallet with no legal recourse.
@Tom13 - such as...
"the" and "register"?
"slash" and "dot"?
"life" and "hacker"?
"fire" and "fox"?
All those guys with Iron
Better stop selling those transformers with copper windings or else rename them Induction Coils or Ruhmkorff coils.
Virtually every larger electronic device uses them, all chargers, Electricity Substations etc.
Nvidia better watch out ..
with their "Optimus" graphic card switching tech on laptops!
Then there's Transformers Prime...
The latest incarnation fo Transformers with ropey CGI and ghastly designs that are not at all remeniscent of the 8ps cartoon I watched.
Hasbro probably dont want anything too similarly named to their already established brand name - and it's only one letter shy of infringing.
Not the first time.
I'm reminded of the time I spent ages trying to install Mandrake Linux - it was only later that I realised that I was trying to run a comic strip.
Life got so much easier when they changed their name to Mandriva.
That's a smart laptop, can it run proper linux (fedora etc) or Windows? I'm really not keen on Android...
There's a project to get Ubuntu (and presumably any other debian distro) on the TF101 that's been very successful. I think there might be some driver issues. Go look on the XDA forum for more info.
Wouldn't surprise me if Asus asked (or paid) Hasbro to do this. Free global publicity for both; an 'undisclosed' (read: pay the lawyers off between them) settlement; job done.
Lawyer-baiting is so easy it isn't considered a real sport anymore.
This is so ridiculous
It must be a junior Intellectual Property Attorney at Hasbro being ordered to show his mettle. This won't go nowhere but he will learn how to sort through the folders.
Of course you know where this will lead to
Products named after their patent numbers so there can be no confusion.
I can't wait for the USPTO-2011/8,082,523.
I can't believe I googled that to see what it might be.
It's not even Friday.
I can't believe I Googled up a proper patent just in case someone would search for it.
Was it a patent for your "products named after patents" idea? Surely that must already be in the patent landfill.
"Prime" is always the leader of the transformers... Magnus Prime, Rodimus Prime... there are more if you go back further into the lore. it's like coming out with a computer called the "Christian" and naming one of them "Christ"... it's going to cause problems.
as well as the "Transformers Prime" cartoon that started airing well over a year ago.
i'll admit i was interested in it based on the name alone (because of the tie to Transformers) until i saw what it was.
there is plenty of basis for this lawsuit, don't ridicule things you are ignorant about.
Rather than 'Christ', calling it 'Claimed son of God' since /there are more if you go back further into the lore/.
I imagine Asus can at least spell "champagne" correctly...
Yea, I'm confused. I went out to buy a Ford and got sold a f**king river!
I always respected iRiver anyway (for being an iCompany with an IProduct that predates and wasn't made by Apple's iLine, for a start).
Next they'll sue Radio Shack
for using Optimus as a brand name in the 1970's
GE / Mitsubishi
Are they also going to sue the big electricity hardware suppliers? I'm sure they make a Transformer or two.
Where are the conspiracy wonks?
I'm surprised there isn't a single post suggesting Apple are paying Hasbro to do this, are all the nutters on holiday?
this is just typical brainless greed and pettiness - and just what is wrong with the world today. How stupid are the morons at Hasbro? Do they really consider that there are people who are so retarded that they may go out to buy the Hasbro product (an effigy from a recent science fiction film) and accidently confuse it for a real piece of modern tech of a completely different size, shape, colour, and function.
This kind of american opportunism (where everyone sues everyone else at every available opportunity as it might prove profitable) is utterly despicable and shows Hasbro have no real integrity and have very small peni !!
If after surgury you wear an eye-patch, should Apple sue - absurd (although they've probably considered it)
No, no, no, NO!!!
The cab section of the truck/trailer is Optimus Prime, whereas the trailer is just that, a trailer! It is NOT part of the Transformer, such as the car carrying part of Ultra Magnus, but all it does is either hold is weapon bits (Bay screwup) or become his mobile operations base, including a little tank that Prime can control via remote mind link (see comics, "Rise of the Insecticons" (?) can't be arsed digging out my collection of comics to check).
In this analogy, where combining several parts to increase functionality, then the most similar thing would be Jetfire's booster armour, which enhances his functionality in both robot and plane mode, unlike the trailer which is just a storage unit for Prime's goodies.