Why Popular Computer Company Asus Survived the Hasbro Onslaught Over the Name TRANSFORMER PRIME
We're sure you saw it coming. It was back in 2011 when Asus sought to launch their next innovative edition of transforming tablets into laptops, coming out with something called the "Transformer Prime." We know what you're thinking now -- it reminds you of those talking, fighting robots!
The Funny Thing Is Despite Hasbro's Aggressive Attempt to Protect Their Brand, the Toymaker Ended Up Losing
Here's what you have to understand: first off, Asus is not in the same industry as Hasbro. However, without a doubt, you end up thinking that this tablet belonged in the home office of one Optimus when he's not shelling out damage to Decepticons. The thing is, while Hasbro does have a point, and there can be confusion as to whether or not Hasbro endorsed Asus's product, it still doesn't constitute a violation of trademark, patent or copyright law.
The key to understanding how such a recognizable term as "Transformer Prime," or just transformer or prime couldn't be protected legally is that we're talking about descriptive words here now. What the Asus tablet does is exactly what it's called -- it can transform into a tablet or laptop. Prime typically means top-of-the-line, numero uno, the "very best."
That's why this is a prime example (get it?) of how the name can still be distinguished from one or the other. It's not necessarily unique as they are just words attached to a specific brand.
Don't Get Us Wrong, Though: Asus Got Out of There in a Close Call
For one thing, if they even tried to market the "Transformer Prime" as anything resembling an autobot, or even a decepticon, it would be all over. But they didn't. Asus marketed and launched the product for what it was: a tablet/laptop. Nothing more. The only thing that could possibly be confused between both brands was the name. And by law, most of the time, that's not enough to constitute a violation.