When Marvel’s The Avengers hits store shelves later this month, there will be several different ways to pick up the film on DVD and Blu-ray. However, one of the previously announced options will not be available, as it has been indefinitely delayed.

That version is the 10-disc Phase One Blu-ray Collection that was to come packaged in a silver attaché case (similar to the one featured in the film) and would hold a replica of the Tesseract. In addition to the sublime packaging and perfect showpiece, the 10-disc set would deliver every film released under the Marvel Studios banner – which includes Iron Man, The Incredible Hulk, Iron Man 2, Thor, Captain America, and, of course, The Avengers.

When first announced, the Limited Edition was the ultimate Marvel fan’s dream set. But unfortunately, like many dreams, it has turned out to be too good to be true. Somewhere between finishing production on The Avengers and planning out this collection, Marvel failed to realize their set’s briefcase bared a striking resemblance to a popular company’s style of attaché case. Or, even worse, they knew it could misconstrued as a replica, but decided not to acquire proper licensing regardless.

The Playlist reports Rimowa BhmbH, the German company whose case the set resembles, has since caught wind of the Limited Edition’s design and filed a suit with California’s federal court. It is reported that Marvel acquired the proper approval to use a replica of the case in the film, but nowhere in that agreement was replicating the case outside of the film discussed, and certainly not for profit.

In the filing, Rimowa outlines the various pieces of the 10-disc set’s case that resemble their brand’s cases – namely, the “trademark parallel ridges around the body” – but reports on the suit don’t mention whether Rimowa is seeking compensation or would like the product removed from vendors’ lists. Fans are certainly hoping Marvel can work out a deal that keeps this set on the market, but for now that appears unlikely.

With that in mind, retailers like Amazon and Best Buy have pulled the Phase One Collection from their pre-order options as a preventative measure. Going forward – if a deal is not reached – those pre-order holders for the set can expect to have their money refunded, but for now, the 10-disc collection is labeled only as “delayed.”

Prior to this news, Marvel had been releasing revelatory clips from The Avengers’ bonus features (including an entertaining blooper reel), but this delay brings enthusiasm to a screeching halt. At $219 (or $152.99 for pre-order), The Avengers: Phase One wasn’t coming cheap, but it was a small price to pay for a piece of cinematic superhero history.

However, case notwithstanding, the 10-disc set did come packaged with some worthwhile memorabilia – including cool cover art for each of the 7 films – which fans hope still can be released in one form or another. Receiving a Tesseract replica in standard packaging might not be the ideal option, but if it allows Marvel zombies to get their hands on exclusive Phase One items, then it’s better than nothing.

The Avengers releases on DVD and Blu-ray September 25th, 2012.

Source: The Playlist