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Court rules that Transformer Prime is a tablet, and Autobot

by Alistair Lowe on 30 March 2012, 09:04

Tags: Hasbro Interactive, ASUSTeK (TPE:2357)

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We've been following the case of ASUS and its alleged theft of the Hasbro Transformer trademark for its 'Transformer Prime' tablet since December and, finally, three months later, US courts have heard both sides of the argument and decided to rule in favour of ASUS, refusing to grant a preliminary injunction.

A full hearing will take place in the near future, however, in the initial ruling, the Judge stated "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 decided that ASUS's argument was strengthened by the fact that its tablet did indeed 'transform' as it connected and disconnected from its keyboard dock.

This one seems like a loss for Optimus Prime and his Autobots, as, whilst Hasbro is adamant that it will continue to fight for a ban, ASUS has already looked to re-brand upcoming products with less obvious names such as the 'Transformer Pad Infinity', making the entire argument now seem kind of pointless, as any victory on Hasbro's part will no doubt be an empty one.

Most interestingly, during the case, figures of Eee Pad Transformer Prime sales for the US were unveiled, showing the tablet to have only received 2,000 pre-orders and two-month orders for 80,000 stock. When we look at iPad 3 sales, which reached three million in three days, it's clear that ASUS has a long way to go, though, given the early release of the Prime in relation to the original Transformer tablet, the premium costing and a roadmap already in-place for a 1080p model, there are also, clearly, quite a few ways in which the firm can improve its marketing strategy.

We wonder if Hasbro will team up with Autodesk next, in order to bring an injunction against LG's Optimus 3D Max smartphone.



HEXUS Forums :: 5 Comments

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Yay!! Good sense prevails. But will it last?
I'm glad it worked out as it did, I'd like to see an end to this, in the films, comics and cartoons it was alway Optimus Prime, not Transformer Prime.

The article ended with
We wonder if Hasbro will team up with Autodesk next, in order to bring an injunction against LG's Optimus 3D Max smartphone
and I was thinking the exact same thing about nVidia's Optimus technology which also features on some of the Asus current line of laptops.
Motto of the story, trademarks on made up words are much easier to defend, dictionary words like Transform(er) and Prime which have quite common meanings are rather harder to enforce.

If Asus had called it the Thundercat Ho! then they might have lost…

That said I'm kind of surprised it ended this way, knowing the US courts etc and that those two words are definitely associated with the very active Transformers franchise. Asus could have used Transform (no er) Pro, Transform One etc etc, so the use of Transformer Prime did look rather like a cheap cash in.
… the Judge stated “… nor can it be said that there is any similarity in the use or function between Hasbro and ASUS's products.” The court also decided that ASUS's argument was strengthened by the fact that its tablet did indeed ‘transform’ as it connected and disconnected from its keyboard dock.
OMG, a US judge showing some common sense! :help:
Okay, I do kind of back up Hasbro's case a little by giving my Transformer the hostname (on my router) of “Optimus” and jokingly refer to it as "a tablet in disguise"
there are also, clearly, quite a few ways in which the firm can improve its marketing strategy
Yep, announcing a premium product, then waiting a matter of weeks before launching “version 2” looks like a real bone-headed move by Asus. Oh, and the widely-reported issues with the ICS upgrade on the Prime can't have helped matters. :Oops:
Don't know about elsewhere, but around “these here parts” the old Transformer doesn't get anywhere near the promotion that other tablets (Galaxy Tab, Xoom2 or - ultimately - the iPads) do. In which case, I can kind of appreciate that this'd be one reason why they're not shifting by the bucketload. HMV, Staples, PC World, they're all the same - iPad first, then Galaxy Tab, then Xoom2, then poor old Asus (if they've got any at all!) stuffed in with the Archos, Advent and other “low end” brands.
We wonder if Hasbro will team up with Autodesk next, in order to bring an injunction against LG's Optimus 3D Max smartphone.
Oh definitely, I'm wondering how LG got away with that one… ;)
Well, they've also got a TV series called Transformers Prime