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

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..

By MarkCassidy - Sep 04, 2012 07:09 AM EST
Filed Under: Avengers
Source: Via The Playlist

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.









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TheDARKestKNIGHT
TheDARKestKNIGHT - 9/4/2012, 7:58 AM
Get it together marvel.
Ashdm
Ashdm - 9/4/2012, 7:59 AM
This is old news, unless there's been an update on the case?
Asterisk
Asterisk - 9/4/2012, 7:59 AM
Ugh, this has gotta suck for the people who planned to get the set.
hellfire
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
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
hellfire - 9/4/2012, 8:24 AM
it'll cost marvel a bomb as Rimowa BhmbH have them over a barrel
ComfortablyNumb
ComfortablyNumb - 9/4/2012, 8:28 AM
They'll either redesign the case of change the packaging completely.
Gigacrusher45
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
HULK2099 - 9/4/2012, 8:38 AM
What happens if you already pre-ordered it before it was taken down ?
AC1
AC1 - 9/4/2012, 8:38 AM
Maybe Marvel will just redesign/simplify the briefcase if they can't settle it another way.
hellfire
hellfire - 9/4/2012, 8:43 AM
The updated design for marvel phase one blu-ray set
Dartanian300
Dartanian300 - 9/4/2012, 8:59 AM
What if you already preordered it?
lntrn8
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
GoILL - 9/4/2012, 9:09 AM
This shit definitely sucks for all who planned on getting this.
PeterDarker121
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
jimpinto24 - 9/4/2012, 9:34 AM
*SIGH* This sucks! I wanted the Phase 1 for christmas.
Yodawars
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
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
SpoonWielder - 9/4/2012, 9:45 AM
So it's just not coming out then? Great....
THEDARKKNIGHT1939
THEDARKKNIGHT1939 - 9/4/2012, 9:47 AM
So stupidd. Would have been great to have this.
NeoBaggins
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
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
buzzman - 9/4/2012, 10:03 AM
I bought one a while ago and am wondering what will come of it. :-/
AnotherSinisterClone
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
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
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
cmax - 9/4/2012, 10:28 AM
What sucks is that I FINALLY CONVINCED MY WIFE TO LET ME HAVE THIS lol....

fuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu
TheGambitFreak
TheGambitFreak - 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
NorrinRaddical - 9/4/2012, 10:45 AM
@Gambit that Helicarrier rules!!!


otherwise, just pay up Marvel
CharlesLord
CharlesLord - 9/4/2012, 10:55 AM
I want my damn tesseract box.....
Zombie137
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
ClarkFarley2012 - 9/4/2012, 11:24 AM
There goes my fu%&*?% Xmas present...Damn!!
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