Marvel sued over Avenger's BluRay Case

[Jeyl]

Well, this is kind of a bummer.

Marvel Briefcase Suit

Not only did I pre-order one of these bad boys at San Diego Comic Con last month, but I also got a pretty cool exclusive poster that came with it. Will my poster be the only thing I take away from this shenanigans? And if it's dropped, will I get my money back?

I was really looking forward to a replica to this case.

 

[Jedifyfe]

I hope they work out a deal for you BUT I also hope that Disney gets a little taste of defeat in the court system. This lawsuit is everything that Disney has been doing to costumers and prop makers for YEARS...

Hahaha....suck on that Disney!

 

[Vivek]

It's weird that they decided to launch this product without even clearing the rights and looking into the legalities of things.

 

[Jedi2016]

I can see two possible outcomes.. they either pay for a license to replicate the case as it exists now, or the design of the case will be changed before release (which kind of sucks, because this was the case used in the film).

 

[James Kenobi 1138]

Don't worry, everyone will get their case.

In situations like this, the DVD cases are probably already made and sitting in a warehouse in China. Marvel/Disney has already spent a mint on R&D and tooling, plus production cost.

Marvel/Disney would have to eat all those cost plus produce something new, and tick-off fans.

They will make a settlement with the case designer and probably pay a one time rights fee plus royalties for each DVD case made. Everyone wins except Marvel/Disney loses some profit.

 

[Wes R]

Kinda happy to see Disney get a taste of their own medicine.

 

[cboath]

The article implies that they had to get permission to use the case in the movie....uh? really? Never heard that before. Shoot on a city street, you have to get the cities permission, but you don't have to get permission from all the automakers who's cars or in the background or from the one who made the one the star drives. These days they put out bids to the makers to see who'll cough up the bucks to see what car the star drives, but they're not paying everyone who has an item in the flick.

It's a dumb one on disney/marvel's part, no doubt. Still, unless they have plans to make a plastic blu-ray cover case themselves, I'm not sure how they're harmed by this. Sounds like a simple, gimme some money or else suit.

 

[micdavis]

Look closely.

This is what it looks like when an entity actually has the right to complain their design is being copied without permission.

 

[Angelus Lupus]

I'm not sure how they're harmed by this.

The article expressly explains that the company is known for its durable and hard-wearing cases. Mass produced (probably in china) plastic copies that you just know some idiot would try and use like they've seen in the movie... well that's just gonna damage their brand image.

Also: their design, therefore patent/trademark/copyright infringement of one sort or another.

 

[Wes R]

I'm just amazed that not one lawyer at Disney or Marvel caught this before it happened. Someone was asleep at the wheel.

 

[Kerr Avon]

Wow.. Marvel screwed the pooch on that one.

 

[terryr]

The company, Rimowa GmbH, is suing Marvel and owner Disney’s Buena Vista Home Entertainment. Why? See that magnificent DVD case above? That’s one of Rimowa GmbH’s designs. We know that for sure because they allowed Marvel to let Samuel L. Jackson carry it in The Avengers. What they didn’t do was allow Marvel to mass produce and sell it. Oops.

Disney probably thought it was custom made for the movie. HAA HAA.

 

[cboath]

The article expressly explains that the company is known for its durable and hard-wearing cases. Mass produced (probably in china) plastic copies that you just know some idiot would try and use like they've seen in the movie... well that's just gonna damage their brand image.

Also: their design, therefore patent/trademark/copyright infringement of one sort or another.

I get the technicality of it. Still don't see how it harms them (just looking from the opposite side, i know it's colassally wrong). Anyone who thinks a PLASTIC case with no actual thickness or interior padding is going to protect jack is a moron who deserves to lose his money.

If they were really worried about damage to the brand, they'd sue to block production. They still could be doing that, it just smacks of a pay me suit is all. It's not like they're putting the other companies logo on it and trying to pass it off as the same thing.

Note to potential briefcase purchasers, if you're trying to buy a high end case and you find one in the movie/entertainment center that contains movies, it's likely not a high end brief case

That's why I think it's a 'pay me' suit. I'd be stunned if they were looking to block production out of fear of brand confusion. I mean really, you DON'T think if their lawyers brought it to disney first that they'd work it out? Seeing how in the wrong they are, they'd be wanting to avoid court. So why not try to play nice first and make an overture to disney? It's not impossible they did and disney said no, but if they said no, they need to fire the legal department because they won't have a leg to stand on unless they're trying to say the contract gives them the right, but again, WHY would they have a contract saying it's ok to use it only in the movie when they didn't have to have permission to do so in the first place?

 

[Wes R]

Wasn't there a case about a fancy purse company sewing over a production (tv or movie) using knockoffs of their stuff?

 

[dbalschi]

Wasn't there a case about a fancy purse company sewing over a production (tv or movie) using knockoffs of their stuff?

Louis Vuitton

Louis Vuitton Sues Warner Bros over The Hangover 2 (Vogue.com UK)

 

[nachtinis]

The main question that will be asked is that did the studio commission that design specifically and did they have a clause that allows them sole ownership of the design.

Typically this is how commission for art is usually done and only in rare cases do the artists retain the rights to the items.

 

[usconcept]

The main question that will be asked is that did the studio commission that design specifically and did they have a clause that allows them sole ownership of the design.

Typically this is how commission for art is usually done and only in rare cases do the artists retain the rights to the items.

I don't think the item was commissioned considering the asked the company to use it? It was just a modified version of thier product vs a knockoff?

 

[Jet Beetle]

Anyone who can't see the validity of this = just imagine if this suitcase company were to put the "S.H.I.E.L.D. logo on their cases and start selling them - Marvel and Disney would jump all over them. If they have a patented product that was technically "on loan" the multimedia dept should have known where the line was - and more than likely they probably did - they just wanted to see what they could get away with.

 

[Contec]

Anyone who can't see the validity of this = just imagine if this suitcase company were to put the "S.H.I.E.L.D. logo on their cases and start selling them -

Now that would be a case to own

 

[NormanF]

Given the way Disney jumps on pre-schools for having murals with their characters, I hope they get it good and hard in the rear.

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