Reports said the briefcase - in which all of the Blu-Ray discs (Iron Man, The Incredible Hulk, Iron Man 2, Thor, Captain America, and The Avengers) and a Tesseract replica were contained - bore a striking resemblance to a case designed and owned by Rimowa BhmbH, a German company who approved the use of a briefcase replica in The Avengers, but not for use outside of appearing in the film itself. The lawsuit put a hold on the box set indefinitely, but it sounds like fans will only have to wait a bit longer to get their hands on the collection.
Coming Soon has learned the Marvel Phase One set will still see release next spring, complete with a briefcase to hold all the films and the Tesseract - but the case design will be changed. However, it's not clear just how drastic the design change will be, but since the lawsuit filed sited the "trademark parallel ridges around the body," maybe the case will be smoothed out instead. That seems like a hefty undertaking, especially if the sets were already manufactured and ready to ship later this month for the home video release of The Avengers.
It's not clear if Disney and Marvel are going to lose money with this debacle, but one could say that this might actually work out for the studios in the end. All those fans who pre-ordered the box set likely won't want to wait until spring 2013 to get their hands on The Avengers, so they'll buy it on Blu-Ray or DVD, and probably still purchase the box set when the time comes.
No doubt there will be some rumoring that this could all be a kind of marketing plot to milk The Avengers for all its worth and get fans to double-dip, but that seems overly diabolical. Fans are surely disappointed in having to wait for this awesome set, but hopefully it will be well worth the wait; at least they won't have to worry about getting their money back from pre-orders that were placed months in advance.
The Avengers hits Blu-Ray and DVD on September 25th, and we'll do our best to let you know when Disney and Marvel set a release date for the slightly modified Phase One box set.