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Disassemble. Marvel's Phase One Blu-Ray box set release comes to a halt

Sep. 5, 2012by: Niki Stephens

Remember that pretty little, drool worthy Phase One Blu-Ray box set that Marvel was releasing on the 25th of this month? Unfortunately due to a lawsuit, it may never see the light of day.

The suit centers around the briefcase, which as you can see from the above, was the one from THE AVENGERS that contained the Tesseract. German luggage maker, Rimowa BhmbH had their case chosen for the film due to the fact that it is boasted as "being impervious to the elements and being virtually indestructible." Fans were given their first look at the box set containing the briefcase along with a copy of THE AVENGERS and each of Marvel's solo superhero films at Comic-Con this year. The problem is that Marvel never received permission from Rimowa BhmbH to create a replica case for the set, so the company is suing Marvel.

"Marvel did not obtain any license or authorization from Rimowa to make replica copies of the cases for any purpose. Images of the replica briefcase on Marvel's advertising materials, and fan video from Marvel's product display at this year's Comic-Con convention, show the plastic 'replica case' to be a close copy of Rimowa's Topas attach case in every respect but quality -- from the proportions and coloring, to the style of the handle and latches, and, of course, in the use of the trademarked parallel ridges around the body of the case."

Rimowa is, "alleging trademark infringement, trademark dilution and unfair competition and is seeking to enjoin Marvel from further infringement. The plaintiff is demanding a jury trial, all profits from allegedly unlawful conduct and an award of three times plaintiff's actual damages to be proved."

Who is at the disadvantage here? Obviously, Marvel should have contacted Rimowa and let them know their plans for the box set. That would have solved the issue from the start. But shouldn't Rimowa be happy that a set like this could draw even more attention to their company? If you could afford one, I suppose. They aren't exactly Samsonites.

Will we ever get a crack at buying one of these? If both parties can come to an agreement, perhaps. We will just have to wait for the verdict.

Source: THR

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7:45PM on 09/28/2012
i ordered this box set thinking " wow the cube is going to be the best most geeky flashlight EVER and i get all the movies, sweet. -- then i find out about this BS. - yeh marvel marketing guys SHOULD have asked or negotiated with the case company to use their design's likeness, hell they could have even offered to put a panflit advertising the company's cases incase someone wants to order a 'real' one then everyone wins.now everyone egts to waste time.
i ordered this box set thinking " wow the cube is going to be the best most geeky flashlight EVER and i get all the movies, sweet. -- then i find out about this BS. - yeh marvel marketing guys SHOULD have asked or negotiated with the case company to use their design's likeness, hell they could have even offered to put a panflit advertising the company's cases incase someone wants to order a 'real' one then everyone wins.now everyone egts to waste time.
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1:23PM on 09/06/2012
This sucks. I wasn't sure if I was gonna get it or not but it was still pretty cool.
This sucks. I wasn't sure if I was gonna get it or not but it was still pretty cool.
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8:36AM on 09/06/2012
Gotta side with Rimowa. It's an open and shut case...


...I'll get my coat.
Gotta side with Rimowa. It's an open and shut case...


...I'll get my coat.
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2:30PM on 09/05/2012

and now I have no Christmas

What are the chances? This is the first time I'm inspired to buy a box set, only to have this shit happen.
What are the chances? This is the first time I'm inspired to buy a box set, only to have this shit happen.
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+12
2:08PM on 09/05/2012

Take that Marvel

You who is so protective and litigious over your intellectual property are finally having it put to you.
You should have secured the rights to the case, plain and simple.
You who is so protective and litigious over your intellectual property are finally having it put to you.
You should have secured the rights to the case, plain and simple.
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1:03PM on 09/05/2012

Woot, I was the one who submitted this scoop!

This really sucks though, I was so excited for this set. Amazon has yet to inform anyone that it is being postponed indefinitely.
This really sucks though, I was so excited for this set. Amazon has yet to inform anyone that it is being postponed indefinitely.
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12:56PM on 09/05/2012

Marvel should've contacted them first

I don't think anybody will buy that thinking that they could actually use that briefcase as luggage, but yeah, Marvel totally dropped the ball on that one.
I don't think anybody will buy that thinking that they could actually use that briefcase as luggage, but yeah, Marvel totally dropped the ball on that one.
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11:40AM on 09/05/2012
According to my job (I am a manager at Movie Stop), the set is no longer cancelled, but just delayed as of right now. Meaning they are probably negotiating some sort of deal right now; more importantly though, the luggage company won't be making much money back if they do win their suit- seeing as how Marvel didn't actually make any money off of the set yet.
According to my job (I am a manager at Movie Stop), the set is no longer cancelled, but just delayed as of right now. Meaning they are probably negotiating some sort of deal right now; more importantly though, the luggage company won't be making much money back if they do win their suit- seeing as how Marvel didn't actually make any money off of the set yet.
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11:23AM on 09/05/2012

Use the downtime to put together the Director's Cut!

Unfortunate, but I would advise Marvel to get that Director's cut together while we wait. That way we can have that in the set once this thing is inevitably settled.
Unfortunate, but I would advise Marvel to get that Director's cut together while we wait. That way we can have that in the set once this thing is inevitably settled.
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-2
11:10AM on 09/05/2012

What bull shit

No one, NO ONE, was going to buy that box set thinking it was in a legit case that was made of anything but plastic. The notion that this is some sort of "unfair competition" to Rimowa is such a grasp at straws its ridiculous!
No one, NO ONE, was going to buy that box set thinking it was in a legit case that was made of anything but plastic. The notion that this is some sort of "unfair competition" to Rimowa is such a grasp at straws its ridiculous!
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1:28PM on 09/05/2012
You'd do the same thing.
You'd do the same thing.
4:02PM on 09/05/2012
Baseless comments are baseless, sry about your luck.
Baseless comments are baseless, sry about your luck.
11:00AM on 09/05/2012
I find this lawsuit to be both bunk and justified. Marvel SHOULD have asked the company for permission, I fully support that aspect of this case. However, the German company claiming this is in direct competition with them is INSANE. I don't think a pair of socks can fit in that let alone luggage. Not only that but the Marvel case is also good publicity for the German Company. This feels like a cash grab and again, I do agree Marvel should have asked permission to use the case for the Phase 1
I find this lawsuit to be both bunk and justified. Marvel SHOULD have asked the company for permission, I fully support that aspect of this case. However, the German company claiming this is in direct competition with them is INSANE. I don't think a pair of socks can fit in that let alone luggage. Not only that but the Marvel case is also good publicity for the German Company. This feels like a cash grab and again, I do agree Marvel should have asked permission to use the case for the Phase 1 set, but the rest is just a load of b.s. I hope Marvel just re-dos the case with something else so we still get this set. I can live with not supporting Rimowa likeness case for the blu-ray set. Simple fix. Lawsuit is still mostly bunk. Cease and desist is good enough. 3 times the damages is utter b.s. cash grabbing.
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11:09AM on 09/05/2012
I'm with you, dude -- I completely agree. 3 Times the damages is ridiculous. It would be one thing if Marvel had already made money off of this, but since they haven't, they're being unreasonable.
I'm with you, dude -- I completely agree. 3 Times the damages is ridiculous. It would be one thing if Marvel had already made money off of this, but since they haven't, they're being unreasonable.
10:14AM on 09/05/2012

I'll be honest...

I'd be pissed off too if I was running the briefcase company and Marvel is making a ton of money using my concept case and not cutting in our company and the employees who built it. The company gave them the rights to use it in the movie, not merchandise. Marvel was clearly in the wrong.
I'd be pissed off too if I was running the briefcase company and Marvel is making a ton of money using my concept case and not cutting in our company and the employees who built it. The company gave them the rights to use it in the movie, not merchandise. Marvel was clearly in the wrong.
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10:05AM on 09/05/2012

Chill out

Look. Everyone's getting pissy for no reason. Marvel can release their boxed set in something else...like a different looking suitcase for that matter. They cribbed somebody else's work without paying for it. I would think that Hollywood would be sympathetic to that.
Look. Everyone's getting pissy for no reason. Marvel can release their boxed set in something else...like a different looking suitcase for that matter. They cribbed somebody else's work without paying for it. I would think that Hollywood would be sympathetic to that.
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10:01AM on 09/05/2012

Ugh

What a little f*cktard... Seriously, "unfair competition"? Who are they kidding? It's f*cking made of plastic. This is a bullshit lawsuit. I mean, if they made a Nick Fury toy with a little replica of the briefcase, would they sue over that? Man... I was looking forward to buying that. Now they've gone and f*cked me over. Assholes.
What a little f*cktard... Seriously, "unfair competition"? Who are they kidding? It's f*cking made of plastic. This is a bullshit lawsuit. I mean, if they made a Nick Fury toy with a little replica of the briefcase, would they sue over that? Man... I was looking forward to buying that. Now they've gone and f*cked me over. Assholes.
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9:59AM on 09/05/2012
Odd. I don't think there's any case between the studio and the suit case company when Blade Runner's DVD set was in a briefcase like in the movie. Guess it's different in Marvel case.
Odd. I don't think there's any case between the studio and the suit case company when Blade Runner's DVD set was in a briefcase like in the movie. Guess it's different in Marvel case.
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9:53AM on 09/05/2012
I think this probably is that suitcase company's way of getting more attention. Before this, who actually even knew about them?
I think this probably is that suitcase company's way of getting more attention. Before this, who actually even knew about them?
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9:52AM on 09/05/2012
Don't mess with our bags, ja!
Don't mess with our bags, ja!
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