Marvel sued over Avenger's BluRay Case

Re: Well, this sucks, Marvel Sued for Pirating Briefcase for DVDs

Yeah, I hope they get taken to the cleaners
 
Agreed.... I thought I was watching a car commercial instead of Breaking Bad last night.

Back on topic.....someone in the legal department must have thought "who would eff with the Mouse?"
I still vividly remember an episode of Alias, near the end of its run... probably in one of the last 2 seasons... when Sydney & her partner are chasing a villain, and need a vehicle, and Sydney points to a truck and says something like "There, the F-150!" instead of what a normal person would say, which is "There, that pick-up!" It was such blatant product placement by Ford, the show's automotive sponsor, that it took me right out of the show for a minute. :thumbsdown
 
Warehouse 13 also did it once where Claudia was checking out Steve's POS hybrid and talking like it was some amazing car.

I thought I heard that Pepsi spent a ****load of money to have the Pepsi logo appear in Final Fantasy: Spirits Within.
 
This might be the biggest threat I've ever started. :O

Very interesting and informative tidbits regarding how stuff like product placements and design rights get handled. Thanks to everyone for chiming in!

Do you think that if Disney paid the luggage company that they would still make a profit from this set?
 
In the case of the Coke example, with a larger, more well known product, it's usually the production that pays the license holder, for the use of the product. Smaller, unknown brands will generally see the opportunity of advertising, and offer to pay the production to use their product.

For instance, I've been trying to build a brand, for a particular cookie, that I created. If I wanted to get national attention, I could approach a production company and offer them money to prominently display my cookie. Coca-Cola, on the other hand, could say "if you want your star to drink a Coke, fork over some cash, or go talk to some third-rate soda company". Even people who can't read, could identify a Coca-Cola can, just by sight. They don't need to pay someone to advertise their product. They spend enough on advertising, per year, to take care of that, themselves.


As far as VW, Chevy and the Transformers, I thought that was a pretty well known story. Bay, Hasbro and whoever else was involved in the licensing aspect, approached VW to use a new Beetle (as bumblebbe was a beetle in the cartoons). VW said no thanks, then they went around to other manufacturers. I wouldn't doubt that Chevy wasn't the first one they approached. A car company would have to be stupid to say no to the possible advertising aspect, not to mention the money from marketing.

-Fred

Hasbro and VW have a odd relationship anyhow going back to the 80s when the original TF line came out and used various cars without permission as the basis. That's why all the new ones use generic designs that look a bit like the originals.
 
Re: Well, this sucks, Marvel Sued for Pirating Briefcase for DVDs

I don't, they have worked hard to produce a great replica for the fans of this series, which is pretty darn rare. I hope they can work it out amicably and get this to the market on time. Since it is so close to release, the production on these has to be finished and any legal issue now causes a potential delay to seeing these hit the streets.

I would have a heart for Marvel, what they are facing is what many on this board have faced since its inception. Here's hoping a great replica makes it to the market on time.
 
Re: Well, this sucks, Marvel Sued for Pirating Briefcase for DVDs

I don't have a heart for Marvel/ Disney because they should have done their research.
 
This might be the biggest threat I've ever started. :O

Very interesting and informative tidbits regarding how stuff like product placements and design rights get handled. Thanks to everyone for chiming in!

Do you think that if Disney paid the luggage company that they would still make a profit from this set?

Depends. Is the BluRay set selling for $800 US?

As for product placement, The Glades is pretty bad too. But, one episode the writers seemed to be striking back. One of the actors was describing the Kia that he had to borrow from his daughter to get to a crime scene. Another actor said he sounded like a used car salesman. The first actor then said he was just doing his job.
 
Re: Well, this sucks, Marvel Sued for Pirating Briefcase for DVDs

They should have but on the flip side, this is the best effort ever to get a great product out. Frankly as well, they are now dealing with an issue many board members have faced here.
 

That's embarassing, however, it's perfectly understandable why they HAVE to do this. Think about it. We now live in a world where we have the ability to cut out commercials alltogether. The advertisers need to get word to us somehow. So, imbed them in the show. Think of the movie Truman. They never cut away from the show so they had to advertise their products from the show itself.
 
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.

It's about protecting the dilution of the brand.

Their cases have a very distinct look. That look, through their branding, is very closely tied to the quality of the product. So much so that they have trademarked the look of their cases.

Because of that trademark, they have NO CHOICE but to pursue this.

That's the thing about trademarks. You can risk losing them, or your ability to enforce them in the future, if you don't pursue infringements.

Let's say that they really don't care about or have much of a problem with this particular use of their design. So they ignore it. A year from now, someone starts producing an inferior knock-off and the company wants to sue them. When it goes to court, the fact that they took no action in this current issue can actually harm that future suit. It can be ruled that since they failed to act on a previous infringement, that they have allowed their mark to degenerate and it is no longer enforceable.

Even if they were to lose this suit (not likely), it's the fact that they pursued it that protects their trademark for the future.
 
I still vividly remember an episode of Alias, near the end of its run... probably in one of the last 2 seasons... when Sydney & her partner are chasing a villain, and need a vehicle, and Sydney points to a truck and says something like "There, the F-150!" instead of what a normal person would say, which is "There, that pick-up!" It was such blatant product placement by Ford, the show's automotive sponsor, that it took me right out of the show for a minute. :thumbsdown

I remember an episode of Heroes where Claire goes to a new High School and her dad buys her a new car. And she screams "OMG DAD, YOU GOT ME THE NISSAN VERSA!!!"

Good way to have us buy your crappiest car on the lot Nissan. I was waiting for her dad to say "Yep ClaireBear. W/it's class leading 1.0 Liter engine and 16 MPG. And did I mention it has power steering and FM!!".
 
Re: Well, this sucks, Marvel Sued for Pirating Briefcase for DVDs

Shouldn't this thread be merged with the one that came first in the Entertainment forum?
 
O.M.G. :lol Hope I don't get deposed...

It literally was handed to me and I was told, "Use this." :facepalm
 
I remember an episode of Heroes where Claire goes to a new High School and her dad buys her a new car. And she screams "OMG DAD, YOU GOT ME THE NISSAN VERSA!!!"

Good way to have us buy your crappiest car on the lot Nissan. I was waiting for her dad to say "Yep ClaireBear. W/it's class leading 1.0 Liter engine and 16 MPG. And did I mention it has power steering and FM!!".


Actually it was a Nissan Rogue, a brand new model for them. And all in all a pretty nice little grocery getter.
 
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