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.