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Hasbro loses preliminary hearing against ASUS over “Transformer Prime” moniker

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A while back it was reported that Hasbro was looking to sue ASUS over the use of the Transformer Prime moniker, a name which the toy company claims ASUS was using as a blend of the Transformer name and the Optimus Prime name from the popular cartoon/toy/movie franchise in a bid to associate their tablet with the series. However it looks like Hasbro’s attempt at a preliminary injunction was put to an end when the judge ruled in ASUS’ favor, claiming that there was nothing gimmicky nor were there similarities between the Transformer Prime and the children’s franchise.

“In sum, Hasbro has not demonstrated a likelihood of success on the merits of its infringement and dilution claims. Even assuming “serious questions” going to the merits are raised, the present record fails to evidence a likelihood of irreparable injury or that the balance of the equities tips sharply in Hasbro’s favor. Having waited until the purportedly infringing and diluting tablets had been on the market for almost a year, the court sees no grounds for invoking the extraordinary and drastic remedy of preliminary relief that would reverse the status quo ante before the parties have had the opportunity to try the case on its merits. Motion denied.”

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