Hasbro fails to forbid the company form using the word

Mar 28, 2012 12:30 GMT  ·  By

Hasbro, a maker of toys and board games that sells, among other things, “Transformers” action figures, tried and failed to get a ban on ASUS using “Transformer” in its product naming schemes.

Had the Eee Pads not been able to transform from tablet to laptop, and vice versa, the court may have been more divided on the matter.

Nevertheless, in the end, it was ruled that there isn't much of a chance for people to mistake the Eee Pad Transformer with a toy/action figure, so there is no danger to Hasbro's sales.

“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 ruling reads, reports paidContent website.

“The word 'transformer' is an accurate description because it can 'transform' into a laptop computer when attached to its accompanying QWERTY keyboard dock.”

The use of the word “Prime” in the name of the soon-to-be-updated Android tablet was a fairly clear, albeit not official, allusion to Optimus Prime.

No doubt this added fuel to Hasbro's growing discontent with the use of the term.

Nevertheless, in the end the toy maker was unsuccessful, although this was just the preliminary round, which was meant to establish if ASUS was allowed to continue as before while the court fight lasted.

The case is now moving towards the trial phase, which will probably last for months.

“Hasbro strongly disagrees with the Court’s decision not to preliminarily enjoin Asus’ use of those marks, however we were pleased with the Court’s views on the strength of Hasbro’s Transformers and Transformers Prime marks,” reads a statement by Hasbro.

“While the case proceeds toward trial, Hasbro will continue to actively pursue this matter and will take all steps necessary to protect its globally recognized and established marks.”