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The Avengers Phase One Blu-ray collector’s set is now being delayed until spring 2013 due to legal troubles with a German luggage company.

Just a week ago we reported that Amazon had pulled The Avengers Phase One Blu-ray collector’s set from their site for pre-orders, most likely due to the lawsuit that was brought against Disney by a German luggage company which claimed Marvel and Disney had infringed upon one of their patented briefcase designs.

The official complaint from German luggage company Rimowa GmbH:

“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.”

EW has reported that according Disney, The Avengers Phase One Blu-ray collector’s set will now be delayed until spring 2013 instead of the original released date, September 25.

This will not affect the release of The Avengers standalone DVD/Blu-ray, which will hit stores on September 25. When we reported this news back in early August, we had no idea that this lawsuit would gain so much traction, but the trademark claim was simply too strong to disregard and Disney was forced to delay (and most likely destroy) all of the “Tesseract” cases that were going to be included in the collector’s set.

This is definitely a gut-shot to fans who had already pre-ordered the set, mostly due to the interesting packaging which was at the center of the lawsuit. We have to imagine that Disney will design their own case in which to include all of the Blu-rays and set a release date next spring, or possibly work out a deal with the German luggage company (doubtful).

If you did pre-order The Avengers Phase One Blu-ray collector’s set, we imagine you’ll be receiving a an emailed apology and a refund within the next few days.

This is disappointing news after reporting that The Avengers had just broken $1.5 billion dollars worldwide over this past weekend. We have to say, we’re sad to see the set delayed and we know many of our readers were definitely looking forward to picking up this great collector’s set in the next few weeks. Luckily, we can still pick up The Avengers standalone DVD/Blu-ray on September 25, which will hopefully lessen this blow.

Update: Disney has now released an official statement.

We are sorry to inform you that there will be a delay in the availability of the Marvel Cinematic Universe: Phase One – Avengers Assembled Collection. Originally, the Collection was to be available on September 25, 2012, but unfortunately we are now unable to make that date. We are currently working with Marvel to identify the exact date when the Collection will be available, but we expect it to be during Spring, 2013.

The Collection will come in a new briefcase and include even more than the content and features that were first advertised. We know that you are disappointed in this delay, and we are working hard to get your Collection to you as soon as possible. We will have an updated announcement for you in the coming weeks which will include actual timing and final details. Once again, we apologize for the delay and hope that when you do receive the Marvel Cinematic Universe: Phase One – Avengers Assembled Collection, you will enjoy it as much as Marvel enjoyed creating it.

So, it appears we’ll be getting more content, despite the delay in the release of Marvel’s Cinematic Universe: Phase One – Avengers Assembled Collection. We look forward to seeing what else will be included in the collector’s set due to the delay and the new case that will most likely be a completely new design.

  • HermioneKatniss1

    Aw, I wanted to ask for it for Christmas… Thank god my birthday is in the spring!

  • http://twitter.com/jennnyz Jennifer Horn

    Really sad. I keep hoping by some miracle Best Buy Canada will still magically ship it to me. But i know I’ll get the email any day now.

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

    Well, that’s lame. I hope they come up with something for the case, whether it’s working out a deal or designing a new, but equally cool-looking, case. I liked the overall packaging of the set and would be disappointed to just get the 10-discs in a more standard DVD packaging.

  • http://www.facebook.com/nikolausaldrich Nick Aldrich

    Disappointing for the fans, but this is the same issue I’ve had with the Harry Potter set. This would be marketed to the die hard fans, one would assume. From my knowledge, Both this and the Harry Potter sets don’t really include anything that hasn’t been released before (as far as special features). It would be safe to assume their target audience already bought the DVDs/Blu-Rays prior to the release of each Avengers/Harry Potter movies. So… It seems rather pointless to me. I mean, If someone wants to buy it go ahead it doesn’t affect me. But these sets lately just bug me cause I’d be willing to double dip and buy both sets if something substantially new came with them.

    • http://www.hypable.com/ Joshua Nealey

      Technically, this was a better deal since two of the films just came out in the last year, unlike Potter. It was $152 from Amazon and it included 10 discs. Iron Man, Iron Man 2, The Incredible Hulk, Captain America, The Avengers and a 90 minute featurette about The Avengers which hasn’t been seen before.

      So, there was content that no one has seen yet, unlike the Wizard’s Collection which lacks any new content and includes films that everyone has most likely purchased already due to them being released so long ago.

      • http://www.facebook.com/nikolausaldrich Nick Aldrich

        The Avengers box set seems like a better deal mainly cause it’s cheaper. But I mean a 90 minute doc for $152 seems like a rip off too. I just wish the studios releasing this would put more effort into the extra content and not the package. Oh well, I suppose these aren’t intended for me. I just feel like they’re missing out on potential buyers by essentially releasing the same things with a new package. The Star Wars and Indiana Jones Blu-Ray box sets are something that comes to mind for me as things that have new extras that make the sets more of a must buy type of thing.

  • http://www.facebook.com/people/Gavin-Walsh/100000260589961 Gavin Walsh

    even-though i had not ordered this i was going to if it was available in the UK for Christmas as only have iron man one and two and Thor but they are one disc and well worn the extras would have been good

  • http://twitter.com/fabulousjoshie Joshua Harris

    Dear Amazon.com Customer,

    We’re writing to let you know that the Marvel Cinematic Universe: Phase One-Avengers Assembled Collection will not be released by Marvel as originally expected. Instead, Marvel is planning to offer a similar collection in new packaging. The new collection will include the original titles offered with the first version of the item, and is expected to be available in the spring of 2013. To make this easy for you, we updated your order for the original collection and will ship the new collection when it becomes available. The price of the new collection will be the same as the original collection.

    To show our appreciation for your understanding, we are providing you with a promo code to receive a free copy of Marvel’s The Avengers (Two-Disc Blu-ray/DVD Combo in Blu-ray Packaging). To be eligible, you must have placed your order between June 1, 2012 and August 28, 2012. Any cancelled orders are not eligible to receive the free copy. Codes must be redeemed by October 15, 2012.

  • http://twitter.com/fabulousjoshie Joshua Harris

    I got an email this morning from amazon.com saying:

    We now have delivery date(s) for the order you placed on August 23, 2012:

    “Marvel Cinematic Universe: Phase One –
    Avengers Assembled (10-Disc Limited Edition Six-Movie Collector’s Set)

    Estimated arrival date: April 02, 2013

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