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Hypable

Marvel is being sued by luggage company Rimowa GmbH due to the use of their briefcase design for The Avengers Blu-ray collector’s set.

We’ve reported multiple times on this great looking metal briefcase that’s being used for The Avengers Phase One Blu-ray collector’s set, but who knew that Marvel was using the German Topas attaché case without the company’s permission. Somehow, this tiny detail slipped past Disney’s Buena Vista Home Entertainment company that’s distributing the collector’s set.

Apparently, the luggage company had given permission to use their case design in the film, which was used by Samuel Jackson’s character to hold the Tesseract, but they did not give them permission to mass-produce the briefcase for The Avengers Phase One Blu-ray collection.

The official complaint from the German luggage company:

“Images of the replica briefcase on Marvel’s advertising materials, and fan video from Marvel’s product display at this year’s Comic-Con convention, show the plastic ‘replica case’ to be 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.”

According to THR, “Rimowa is alleging trademark infringement, trademark dilution and unfair competition and is seeking to enjoin Marvel from further infringement. The plaintiff is demanding a jury trial, all profits from allegedly unlawful conduct and an award of three times plaintiff’s actual damages to be proved.”

This looks like a simple enough mistake, but considering the evidence provided, it seems like it may be an open-and-shut case.

Marvel has not yet responded to the allegations.

  • http://twitter.com/CassiopeiaDrake Cassie Drake

    Wait, so what does that mean for people who pre-ordered this set? Will it still come in the official Nick Fury case? Will it come in an equally super-cool looking but different case? Or will it come in a super-cheap not-cool looking knock-off?

    • Franko3

       That’s the multimillion dollar question – which is what it’s going to cost Disney to get out of this.

  • http://twitter.com/StarkidSims Simone

    Uhhh… get over it luggage company?

    • http://twitter.com/Shaftsword Shaft Almasy

      Why should someone get over having their intellectual property stolen? Would you get get over it if someone broke into your house and took your stuff?

      • http://twitter.com/StarkidSims Simone

        I just meant its such a minor misinterpretation of the rights contract and the problem is gunna be fixed anyway so it isn’t really something to get all hot collared about

        • http://www.facebook.com/people/Robert-Monkman/502331043 Robert Monkman

          But it wouldn’t be fixed without the company taking action is it?

          Plus this isn’t really a minor misinterpretation… “Hey can we use your briefcase to put a Tesseract in for the film?” is not that same as “Can we do that and then mass produce it for our ultimate edition blu-ray collection?” The first instance is nothing to the company and they probably would of got a fee. In the second instance that is them losing out a big contract as in a proper deal they probably would’ve been contracted to make a cheap version to house the collections in… Big difference. But then movies are cool so forget other businesses problems, yeah?

        • Jason

          It’s not a misinterpretation. Reproduction and selling rights is completely different than having permission to use it once in the movie. 

  • notenoughpuff

    At first I was annoyed because one would automatically assume it’s just people trying to get money from such a large money-maker, but after reading further into it I found that they were not unreasonable in this lawsuit.

    • http://www.facebook.com/muzikteacher2B Johnny Moniz

      They used a single piece of luggage…a fairly generic piece as well. This is really trivial and ridiculous.

  • Meur123

    People need to stop suing people.

  • http://Hypable.com/ James Bean

    Go ahead. Sue Disney. See how that works out for you. 

  • Liderc

    Unless Disney just bullies the hell out of them, I can’t see them losing this case. I mean, they used their design for mass production. Nearly any judge would give that to a jury knowing they could see it’s a clear cut case of trademark infringement. Even the logo is a cylinder like theirs. 

    Love Avengers, but should have gotten permission. Probably just a mix up on their end.

  • Guest02

    I know its all for money but is this not free advertising for them? I mean avengers was a huge success and millions of people will be buying this and see this suitcase advertised on the coverart…

    • Jeremy12

      I think the thing is, they obviously own the design for this case because Marvel had to get their permission to use it in the film. So they have prior art to confirm that it falls under their umbrella of trademarked designs. So mass producing a copy of it without giving them any credit or money was probably not intended. I have to imagine Disney/Marvel/whomever had this art created thinking that they had already gained permission to use the design since it was in the film and didn’t think twice about moving to production. 

    • CliveRogan

       It’s only free advertising if everyone knows that they designed the briefcase, which they don’t as Marvel are replicating it without permission and acknowledgement that they didn’t design it.

      Hopefully Marvel will just pay the company for using the design, then advertise it appropriately, rather than doing what they probably could do with the Juggernaut of Disney behind them and Lawyer them into the ground.

  • fruttivendolo

    “open-and-shut case”

    Boooo.

  • http://www.facebook.com/people/Maria-Wang/542480760 Maria Wang

    this case will not doubt be settled out of court. 

  • http://twitter.com/dreamfall31 Kevin Slechta

    God damn do I want that case despite owning all the other films on bluray already!

  • WillowBlood

    Hm, wouldn’t this be good for Rimowa because this way a lot of people would get to see their luggage and might buy it? I dunno, I just think it seems kind of illogical. But that’s just me. 

    • WillowBlood

      IF Marvel credited Rimowa on the luggage.  

      • http://www.facebook.com/gregory.allen.porter Greg Porter

        If they wanted to use this design they needed to have Rimowa do it to avoid exactly this kind of legal mess.

      • Dingus

        it says Rimowa on the side

  • http://www.korracast.com/ Fravit

    “…it seems like it may be an open-and-shut case.”

    I SEE WHAT YOU DID THERE.

  • a13lubin

    What I dont understand is why Marvel used their briefcase in the film in the first place. Movies have huge prop departments for this kinda stuff. I mean they seriously paid to use this suitcase in the movie? Big waste of money.

  • Glaciusx

    Shut the fuck up. Seriously, it’s just a briefcase. Not the Mona Lisa.

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