Filtering by Tag: Transformers

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.

How Hasbro Could've Fought in the Automotive Technology Field for the Right to Use the Term AUTOBOT

Interestingly enough, it's common that trademark law, patent law, and copyright law often differentiate between industries. For example: you won't confuse Belle Tires with Belle from BEAUTY AND THE BEAST. Hence there's typically no case to fight -- simply wouldn't hold any water....

But in the Case of Hasbro, Sometimes a Name Is SO Recognizable, That Even THAT Name Can Be Protected From Other Industries Using It

Like the term "autobot." We've heard it before -- sometimes during those Saturday morning cartoons when we were young. Now we're still hearing it in movie theaters thanks to Michael Bay, and there's no sign of the trend slowing down at all as there even will be a "Bumblebee" Transformers film spin-off coming soon after the latest robot-fighting edition THE LAST KNIGHT explodes into theaters.

Hasbro did flex their mechanical muscles, albeit never having to do anything much about it, against a particular company called Mavizon back in 2010. What makes this interesting is Mavizon is nothing more than an automotive tech company responsible for innovating interface technology in vehicles. They termed one particular product the "AutoBot," which maybe several years ago, Hasbro wouldn't have cared much.

Times change.... And without a doubt, Hasbro would've cared if it wasn't for Mavizon's intuition at the end of the year to change the name of the product to something unique, like Mavia. Something you'd never confuse with big fighting robots.

Keep That in Mind: Just Because Your Product or Service Isn't in the Industry as Another Holding the Rights to the Same Brand Name....

It doesn't mean you're automatically protected. When a brand gets that big, even Transformers-themed Huggies diapers would need permission and approval from Hasbro.

Remember That Cool Battle Cat Transformer RAVAGE? You Won't Believe What the Name COULD'VE Been!

We saw the beast in the film REVENGE OF THE FALLEN, but famously enough, this feline Decepticon at one point might've not been called the excellent one-word name of Ravage. For good reason. During Hasbro's stint of "Beast Wars," the name 'Ravage' was completely unavailable legally. Technically Hasbro couldn't even use the word. Here's what they then came up with:

"Shadow Panther" Became Their Go-To, Until....

That name was even off limits, believe it or not. And you can agree -- that was a cool name! Hasbro had a problem that did not know how to fix except to go with a name arguably determined to be the worst name (if it ended up being the only way to go) --

TRIPEDACUS AGENT. We don't know exactly what it meant, but you can imagine when Michael Bay was given the go-ahead for REVENGE OF THE FALLEN, we weren't going to identify much with a battle cat transformer called that.... Thankfully, Hasbro was given a miraculous opening -- and right before their Energon toy line: the name became available again!

Hasbro was clever, though -- to avoid legal issues down the road, when the Energon toy line was released, the company added a prefix to the name. For a time, Ravage was actually known as "Battle Ravage." For another redeco of the character, the name was then changed to "Command Ravage." Just to be a bit confusing.

Thankfully, We'll Always Remember Our Cute Little Decepticon Kitten as Just the One Name

Ravage. Very much like Madonna, or Cher, or Lion-O of the Thundercats. Got a nice ring to it.

Copyright 2017 Vention Books, LLC

Contact: Info@VentionBooks.com | P.O.Box 623, Grandville, MI 49418