Marvel sued over Avenger's BluRay Case

[tripoli]

They had permission for the movies but not for the DVD sale. Rimowa has paid quite a bit of money over the time to market themselves and have regularly been featured in 0ver 25 movies, (Ronin, Air Force One, etc.) and on TV (Price is Right), CSI, West Wing among others.

Having the reputation to put the screws to Disney could ultimately hurt them as studios may no longer want to work with such a company. This could have been a minor inconvenience for them and a chance to make some money giving the OK as well getting some PR for marketing the dvd set. Now they will have the reputation of putting money before any relationship and that has a lasting impact as well.

Again, business is about relationships as much as money for long term business outlooks. Rimowa proudly notes in marketing about product placement in the movies. They have everything to gain by quickly coming to a settlement, unless they want to make it hard on Disney and reap potential negative feedback, negative pr along with a financial reward.

In a win-win scenario of negotiation, you maximize both sides piece of the pie. Given this is not the tact being taken, again, this is poorly being handled by the briefcase company.

 

[NormanF]

I am actually getting angry at the people who think this will hurt Rimowa. They make ridiculously expensive cases for people with money burning holes in their pockets. It is like saying Ferrari lost sales when they forced Miami Vice to stop using a kit car instead of one of their actual cars (although I think they ended up loaning them one to use). People who can afford these most likely do not care. I can even see how Rimowa can dpin it positively. "Our cases are so unique that even Disney tried to copy it."

On the other hand I might be biased. Like a lot of people who grew up relatively near Disney World I have zero sympathy for the company. Especially since they jump on preschools with both feet if they use their characters without permission.

Sent from my Etch-A-Sketch

 

[tripoli]

It can hurt them as they have a relationship with the studios, read what is above before you type.

People who can afford these case do so as a status symbol, the uses in the movie furthers that public awareness and marketing and status. Disney used the case as a platform as other movies have, they did not "copy it" it was the base for the prop for which they originally did have permission to use.

Can it hurt them? Absolutely, if studios then expect a company will try to screw them any way they can when it comes to make a buck. Again, Rimowa could have easily used the situation to their advantage to create even more public awareness in a positive manner but chose not to and to instead hurt a company they have worked with many times in the past, all for more money. I guarantee in the end this hurts Rimowa more than helps them.

 

[JD]

I am actually getting angry at the people who think this will hurt Rimowa. They make ridiculously expensive cases for people with money burning holes in their pockets. It is like saying Ferrari lost sales when they forced Miami Vice to stop using a kit car instead of one of their actual cars (although I think they ended up loaning them one to use). People who can afford these most likely do not care. I can even see how Rimowa can dpin it positively. "Our cases are so unique that even Disney tried to copy it."

The "hurt" is when they don't protect their property - once you start being lax on protecting your designs, etc. you risk losing the design you created. Just like Fender lost the rights to their Stratocaster design.

 

[Satxer]

I got the email as well. While I am bummed that they are delaying it, I still kinda want it. Being they are offering a free copy, I will gladly accept, and keep my preorder running, as I really want it.

 

[cboath]

The "hurt" is when they don't protect their property - once you start being lax on protecting your designs, etc. you risk losing the design you created. Just like Fender lost the rights to their Stratocaster design.

Seeing as all they have to do to protect themselves is to sign a licensing agreement - getting draconian on disney, while possibly karmic, isn't the only means of doing so, nor is it the best.

Disney killing the package says they were asking for something in the overkill zone and disney told them what they could do with themselves.

All that's necessary to protect your IP is making people sign licensing agreements to use it. Exorbitant fees aren't part of that.

 

[JD]

Seeing as all they have to do to protect themselves is to sign a licensing agreement - getting draconian on disney, while possibly karmic, isn't the only means of doing so, nor is it the best.

Disney killing the package says they were asking for something in the overkill zone and disney told them what they could do with themselves.

All that's necessary to protect your IP is making people sign licensing agreements to use it. Exorbitant fees aren't part of that.

Well, all the NHL has to do is to sign a CBA by midnight tonight to save the season.... and that ain't happening, either.

So yeah, all they had to do was sign a licensing agreement. That's much easier said than done.

It's easy to armchair quarterback for other folks and their products. Obviously, a deal could not be worked out...

Is the company that makes these briefcases losing customers by this? Probably not.

Are they making new customers because of this? Definitely not.

Are they doing what they want to with their product? Apparently... and it's their product, the result of their hard work and investments so it's their decision to do with their product as they please. Maybe that includes not having a chintzy replica of what they consider a high end, elite type briefcase - maybe they feel it cheapens their image.

Whatever their reason, they're entitled to it... it's their product.

 

[allosaur176]

is the free copy only for Amazon orders?

 

[tripoli]

I assume it was with orders through Amazon at this time. You had to have the pre-order from a few months back through the end of August. They then send a code to get the free dvd set. It was the 2 bluray set with extra dvd but without the digital copy. Had to pay shipping as well which totaled my order to a whopping $ 2.98. I do have the digital copy on order so I will most likely give this one to my brother or sell it to pay for another movie.

JD, every business has the right to make any decision they want, they have the responsibility to their shareholders to make the right one. I think we can say absolutely Rimowa did not maximize the win win scenario, now the issue is whether or not going for the maximum settlement really will pay off or not. I believe not given the history they had in promotion through the movies as well the studios usual response to black list such a supplier when an issue of this nature comes up, as well as the reputation lost by them doing so this will not work out well for Rimowa. I think the standard German stubbornness / strong will stodginess got in the way of them making a questionable situation good for both sides in the end. Reputation and relationships are much more valuable than many bean counters consider.

Honestly, I think with the polycarbon fiber cases coming out, an executive got surprised and reacted in the typical cultural controlling manner. I would bet that Disney, being used to pushing their way through such an obstacle, probably started the negotiations on a bad footing and it snowballed from there. I am certain a good mediator at the beginning could have wrapped this up to everyone satisfaction early on approached with an open view to the others perspective but it was never given the chance. I base this on the past reputations of each corporate culture (remember, private controlling company versus overbearing look down approach company culture) as well the fact most companies are not great at considering differing cultures with international business negotiations.

 

[allosaur176]

Ahh ok..I had ordered mine through Best Buy back in July, would have been nice if they did the same

 

[cboath]

Well, all the NHL has to do is to sign a CBA by midnight tonight to save the season.... and that ain't happening, either.

So yeah, all they had to do was sign a licensing agreement. That's much easier said than done.

It's easy to armchair quarterback for other folks and their products. Obviously, a deal could not be worked out...

Is the company that makes these briefcases losing customers by this? Probably not.

Are they making new customers because of this? Definitely not.

Are they doing what they want to with their product? Apparently... and it's their product, the result of their hard work and investments so it's their decision to do with their product as they please. Maybe that includes not having a chintzy replica of what they consider a high end, elite type briefcase - maybe they feel it cheapens their image.

Whatever their reason, they're entitled to it... it's their product.

Never said they weren't entitled to do what they want with their stuff. Just said the tact they're taking is incredibly stupid.

You said it yourself, it's not going to win them new customers nor is it likely to cost them a relevant number of existing customers.

Hell, be creative, use it to your advantage. Get a token amount per BR pack sold and get disney to put a flier in each set advertising your actual cases.

Sadly, it's just an overreaction on their part to push it to where it ended it up. You can't deny there were much more positive outcomes - for all parties.

 

[Kerr Avon]

Never said they weren't entitled to do what they want with their stuff. Just said the tact they're taking is incredibly stupid.

You said it yourself, it's not going to win them new customers nor is it likely to cost them a relevant number of existing customers.

Just how many people who ordered this collector set were going to order one of their suitcases anyway? They're protecting their brand, it's not their fault Marvel is full of people who were trying to steal their design without paying for it.

 

[cboath]

And as explained before, you protect the brand by not letting people use it without permission. Negotiate reasonable terms and sign a licensing agreement.

The only thing to protect is control of the brand, it's clearly not to keep from brand confusion as no one with a functioning brain cell would confuse the two.

As others have said, there were clearly many win-win scenario's here. Rim elected to go for none of them. Just because it's within their rights, doesn't make it the right decision.

 

[Solo4114]

The only thing to protect is control of the brand, it's clearly not to keep from brand confusion as no one with a functioning brain cell would confuse the two.

Yeah, but you can't make the assumption that there won't be confusion, and part of protecting the brand is also protecting against likelihood of confusion.

No one might confuse the actual briefcase with the plastic knockoff designed to hold DVDs, but they might assume that the product itself was licensed when it wasn't.

But yeah, you're right that they have to do SOMETHING or risk abandonment of the mark.

 

[Kerr Avon]

And as explained before, you protect the brand by not letting people use it without permission.

Yup, which is what they've done.

Negotiate reasonable terms and sign a licensing agreement.

How do you know they didn't offer a reasonable licensing agreement and Marvel decided they were too cheap to pay it? That seems more like Marvel to me.

The only thing to protect is control of the brand, it's clearly not to keep from brand confusion as no one with a functioning brain cell would confuse the two.

As others have said, there were clearly many win-win scenario's here. Rim elected to go for none of them. Just because it's within their rights, doesn't make it the right decision.

It makes it the LEGAL decision, which is fully within their rights. Do we really need to bring up the concept of recasting here? Really, I'm just tired of seeing this thread constantly bumped to the top of the forum. People are just bitching they aren't getting their toy. If you want the toy, buy one of the manufacturer's suitcases and build your own replica, isn't that what this forum is all about?

 

[Solo4114]

Well, I, for one, was disappointed that the films weren't being released in a single package of any sort. I assumed there were additional extra features for the discs, which is why I figured it'd be worth buying the case.

I don't give a crap about the packaging. It'll just sit awkwardly on my shelf (or not) as is the case with my Blade Runner 5-disc DVDs.

 

[Jeyl]

*face palm*

Nothing from the Disney Store. I'd say I'm disappointed in myself in not getting it through Amazon, but pre-ordering it through Comic Con did net me a cool poster and Best Buy had a SteelBook edition that always has better artwork.

 

[JD]

sigh. :facepalm

Not sure why folks here are so against a company defending the rights to their product/image. It's just beyond me the way some of us are scrutinizing something's that we're simply not privy to. :confused

 

[dbalschi]

sigh. :facepalm

Not sure why folks here are so against a company defending the rights to their product/image. It's just beyond me the way some of us are scrutinizing something's that we're simply not privy to. :confused

Because now they can't get a boxed set for the time being:rolleyes

 

[tripoli]

Partially from the fact I WAS looking forward to getting this set and...

Last semester I took multiple classes on intellectual property law and another on mediation and negotiation. There were so many case studies similar to this circumstance that it is impossible not to look what happened at and consider what went wrong.

I got an A+ on my thesis which covered Lucas Studios / Fox defending the light saber IP. Nailed an A in mediation as well. :cool