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Details On Marvel's PHASE ONE Blu-ray Box Set Lawsuit

As some of you may know, fans will be waiting a bit (or a lot) longer to get their hands on that cool looking "Cosmic Cube" box set because of a lawsuit over the briefcase design. Here we have the details, as well as a quote from the briefcase company..

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By Mark "RorMachine" Cassidy - 9/4/2012
Marvel's "Phase One" Blu-ray set containing The Avengers and all of the movies leading up to it has been highly anticipated by fans for quite a while now. The 6 movie/10 disc set comes packaged in a briefcase, which is a replica of the one containing the Tesseract, or "Cosmic Cube", from The Avengers. The design of said briefcase was actually based on one manufactured by German luggage company Rimowa BhmbH - who, you guessed it, hold the copyrights. Apparently all of the necessary legal paperwork was filed and permission granted for the briefcase’s use in the movie, but not for the selling of a replica case, or the Tesseract itself. Doh!



Here is part of the complaint filed by Rimowa BhmbH in federal court in California..

“Marvel did not obtain any license or authorization from Rimowa to make replica copies of the case for any purpose . . . the plastic ‘replica case’ [is] a close copy of Rimowa’s Topas attaché 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.”


The set has been pulled offline and no is longer available for pre-order. Ah well, there are other versions available so I guess we'll just have to make do with them until this is all sorted out - if it's all sorted out.







Source: Via The Playlist
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49 Comments
JayOh - 9/4/2012, 7:58 AM
Get it together marvel.
Ashdm - 9/4/2012, 7:59 AM
This is old news, unless there's been an update on the case?
Asterisk - 9/4/2012, 7:59 AM
Ugh, this has gotta suck for the people who planned to get the set.
hellfire - 9/4/2012, 8:00 AM
sorry but wasn't this the same article as one of the two articles that came out last week (29/8) that was deleted.
ATrueHero1987 - 9/4/2012, 8:18 AM
I wish looking forward to this. I wanted all the phase one movies on blu ray(since all the ones I got are on dvd). I hope this gets straighten out.
hellfire - 9/4/2012, 8:24 AM
it'll cost marvel a bomb as Rimowa BhmbH have them over a barrel
ComfortablyNumb - 9/4/2012, 8:28 AM
They'll either redesign the case of change the packaging completely.
Maxi91291 - 9/4/2012, 8:32 AM
maaan those germans must be still pissed at captain america
OK not funny .. but bad news nontheless
Gigacrusher45 - 9/4/2012, 8:35 AM
That's stupid on both sides. Marvel didn't double check their contracts and Rimowa are just being babies trying to get whatever money they can.
HULK2099 - 9/4/2012, 8:38 AM
What happens if you already pre-ordered it before it was taken down ?
ACira - 9/4/2012, 8:38 AM
Maybe Marvel will just redesign/simplify the briefcase if they can't settle it another way.
hellfire - 9/4/2012, 8:43 AM
The updated design for marvel phase one blu-ray set
Maxi91291 - 9/4/2012, 8:44 AM
I can see how this is gonna end ....
Dartanian300 - 9/4/2012, 8:59 AM
What if you already preordered it?
lntrn8 - 9/4/2012, 9:04 AM
Marvel Studios/ Disney should appease Rimowa BhmbH by including:

1 - Rimowa BhmbH coupons in the box set
2 - Having commercial in the DVD of Rimowa BhmbH products
3 - Hiring RDJ & SLJ do a featurette in the DVD and extol how awesome Rimowa BhmbH cases are
4 - Include Rimowa BhmbH website in DVD box set so you can "get the original"

Rimowa BhmbH will make millions from this . . .

Marvel Studios/ Disney . . .
GoILL - 9/4/2012, 9:09 AM
This shit definitely sucks for all who planned on getting this.
PeterDarker121 - 9/4/2012, 9:23 AM
C'Mon, Marvel...slow your roll a little bit and get your legal ducks in a friggin row!

Jack Kirby's Ghost will haunt you forever if you don't!

lol
jimpinto24 - 9/4/2012, 9:34 AM
*SIGH* This sucks! I wanted the Phase 1 for christmas.
Yodawars - 9/4/2012, 9:35 AM
Moviestop had a deal enticing people to trade in all of the Marvel Phase One movies towards the purchase of this. So of course I did...I've been following this story for a few days now. Not Happy
DudeLove721 - 9/4/2012, 9:39 AM
Just wanted to say/ask a few things:

1) This company would need a court injunction to ban the sale of this replica. If copyright lawsuits that haven't even gone to court yet meant that the offending products listed had to be pulled automatically, many of Samsung's smart phones and tablets would've been taken off shelves immediately in the copyright suit filed by apple. As far as I know, such a ban hasn't been awarded and if it has been, you should mention it in this article.

2) The product is still listed on Amazon, even though it isn't currently open for pre-orders. This means absolutely nothing, as it could simply be a shortage issue. I pre-ordered a box set of U2's Achtung Baby in Canada from Amazon's Canadian site last year and the exact same thing happened. Between when I pre-ordered it and the time it went on sale, they stopped accepting pre-orders. I still got everything the day after it was released in stores while others had to wait longer. My point here is that sometimes things are under-priced or pre-order volumes are so high that they suspend the pre-orders, it isn't necessarily because of a lawsuit.

At the end of the day, the suspension of pre-orders could be due to the pending lawsuit, I'm just saying that the information you posted in this article isn't necessarily proof of anything. If Marvel already signed a contract to use the briefcase in the movie, I'm sure they know they'd lose this copyright battle and will try to settle out of court before it even gets in front of a judge -- there's too much money to be made here and they would have wasted tons already -- I'm sure they'd already started mass production on the collector's set.
SpoonWielder - 9/4/2012, 9:45 AM
So it's just not coming out then? Great....
THEDARKKNIGHT1939 - 9/4/2012, 9:47 AM
So stupidd. Would have been great to have this.
NeoBaggins - 9/4/2012, 9:48 AM
This is weird. Paramount/MARVEL/DISNEY and the guy that brings them their coffee should know that this is a very routine licensing procedure. It's literally the first thing you deal with before producing an item for commercial sale. I'm surprised they got so far before this issue came up.

Somebody was over there like "[frick] it, no one will notice"

That's pretty sweet that it looks like a pretty good suitcase size. You could geek out with that taking the set here and there- more than likely, over peoples houses who don't have it. Show off!
Maximus101 - 9/4/2012, 10:01 AM
Hahaha well it's a good thing it made as much as it did cause they might be losing all that money now lol
buzzman - 9/4/2012, 10:03 AM
I bought one a while ago and am wondering what will come of it. :-/
AnotherSinisterClone - 9/4/2012, 10:06 AM
well, Disney was founded on stealing other people ideas and stories N remaking them as their own (every fairy tale) so this should be no surprise. I cancelled my order 2 weeks ago when i found out Target is giving away a 90 minute documentary and the $180 box set wouldn't even have it.
AnungUnRama - 9/4/2012, 10:18 AM
Sorry, don't want to be a smart ass but it's actually Remora GmbH and not BhmbH. GmbH is the German equivalent to a Ltd.

That said. F... I do not own any of the phase one movies on BR yet and wanted to get this awesome collection. I guess I'll have to wait a while longer.
Durranto - 9/4/2012, 10:22 AM
Never saw this advertised as coming out here in the UK, so I really couldn't give a shit! :)
cmax - 9/4/2012, 10:28 AM
What sucks is that I FINALLY CONVINCED MY WIFE TO LET ME HAVE THIS lol....

fuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu
xXkryptoniteXx - 9/4/2012, 10:32 AM
@cmax

Lmao
TheGambitFreakIsBatmanOfCBM - 9/4/2012, 10:34 AM
Well, if this jackass can't see the gain in popularity of his company due to the advertising Disney/Marvel is giving him cause of the replica, he can go kick back in his chair as his "Briefcase" Company goes down the toliet of the economy.

Marvel, come on guys! Just do the Helicarrier!
NorrinRaddical - 9/4/2012, 10:45 AM
@Gambit that Helicarrier rules!!!


otherwise, just pay up Marvel
CharlesTheIncredible - 9/4/2012, 10:55 AM
I want my damn tesseract box.....
Zombie137 - 9/4/2012, 11:19 AM
This just goes to show you whats wrong with this world today. All marvel wants to do is use the same thing that was in the movie to give to their fans,but some asshole seems that his product is too big to be COPIED.

This is [frick]ing disgusting, things need to change here or were just gonna get worse and worse.

[frick] Rimowa, i load their bags on planes all the time and they all suck, and are WAAAY overpriced.
ClarkFarley2012 - 9/4/2012, 11:24 AM
There goes my fu%&*?% Xmas present...Damn!!
Dedpool - 9/4/2012, 11:31 AM
I better still be getting mine! I already paid!!
DrDoom - 9/4/2012, 2:07 PM
The Red Skull is victorious. This round.
avengers72is24601 - 9/4/2012, 2:15 PM
Red skull is behind this...it`s like the dark knight :hit me hit me come on hit me!hit me!!!!!pulls up at the last moment
NorrinRaddical - 9/4/2012, 3:09 PM
usually we're in defense of "Creator Rights" in comic books and characters, why not the same for the luggage company that is essentially making this package so awesome?

@Zombie

i'm on the other side of that coin with what i do: selling designs that are contracted to be for THAT USE ONLY, and the client thinking they own everything i do all of the time. if they want to use it for the thing we agreed upon, i'm thrilled, but if they want to use it for more things, i deserve to get paid. how else am i gooing to grow what i do into something the size of Marvel and create more jobs?

if Marvel commissioned, say, Reebok to design sneakers for Captain America to wear in the movie, that's one deal, but if they start selling Reebok replicas to sell their movie, that's another deal.

all Marvel has to do is square their legal ducks and sign a new contract with the company for their intellectual property. this is what is RIGHT with the world. THIS PRODUCT WILL BE IN YOUR HANDS. at worst, Rimowa BhmbH are just causing a panic so Marvel will share the billion they made
CoolantTech - 9/4/2012, 3:33 PM
Well that sucks, wasan't planing on geting it but this can't be good for Marvel
CPBuff22 - 9/4/2012, 4:01 PM
Well Best Buy and Amazon both told me when I called that the products are not recalled and the release date stands. All this will do is make the box set more collectible if Marvel looses the lawsuit after release.

Amazon also confirmed that they are not taking preorders due to selling out of available preorders.
kemuael - 9/4/2012, 4:47 PM
Germans.....(>_<)
lokibane2012 - 9/4/2012, 4:54 PM
Get your shit together marvel, with all the copyrights.

This isn't nearly as bad as the Thanos case though. I can't believe the character was used all these years in comics, and on film with such debatability to the copyrights.
ThePowerCosmic - 9/4/2012, 7:58 PM
The thing I least cared about was the suitcase. Just redesign it already and screw them!
AdamMatthewINK - 9/5/2012, 4:34 AM
Frick! I hope it's still coming. My amazon account hasn't told me otherwise. I guess we will just see.

Come onnnnnn Marvel!
AnungUnRama - 9/5/2012, 10:20 AM
@TheGambitFreak: The Helicarrier is a nice idea but looks pretty cheap. I'd still prefer the briefcase any day.
@yossarian: No need to insult a whole country or its people respectively just because Disney stole the intellectual property of one of its enterprises. You're blaming the wrong ones. Rimowa is just trying not to get [frick]ed by Disney as you would, too, if it was about your property.
AnungUnRama - 9/6/2012, 5:23 AM
Thanks for the clarification. - Two words a too less to identify them as quote (at least in this case). No offence meant, anyway.
brucesome - 9/7/2012, 7:56 AM
There's a petition going around to get Rimowa to drop the case (pun... intended?). Also someone made a facebook page called M.A.R.V.E.L - Marvel Against Rimowa's Very Egotistical Lawsuit.

Not that it'll do much good, but at least it might have some small impact.

http://www.ipetitions.com/petition/rimowavsmarvel/
AnungUnRama - 9/15/2012, 7:46 AM
So now the amazon page says this set won't be released:

"The 'Marvel Cinematic Universe: Phase One-Avengers Assembled Collection' will not be released by Marvel as we originally expected. [...] Marvel is planning to offer a similar collection in new packaging. [...]a nd we expect it will be available in the spring of 2013."

Source: http://www.amazon.com/Marvel-Cinematic-Universe-Assembled-Collectors/dp/B0083SBMGW/ref=sr_1_4?ie=UTF8&qid=1347719965&sr=8-4&keywords=marvel%27s+avengers+box+set

Soooooo sad.

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