Fans of 'The Avengers' were no doubt looking forward to the September 25th release of 'The Avengers' on DVD and Blu-ray. But hardcore Marvel fans who were ready to own one of the collectible Blu-ray box sets may have to wait a little bit longer to own a copy and they may not be able to get their hands on it at all.

Marvel and owner Disney's Buena Vista Home Entertainment are being sued by German luggage manufacturer Rimowa who claim one of their patented designs is being used in Marvel's attache design for the "Marvel Cinematic Universe: Phase One -- Avengers Assembled Box Set" without permission. Rimowa is demanding a jury trial, plus all profits and an award of three times actual damages.

Marvel, Disney and DVD retailers have halted pre-orders for the box set and it looks as if it may never hit shelves. (The good news is that you can still buy one of the many 'Avengers' versions still up for sale.)

Rimowa claims it approved the use of its trademark Topas attache case for the film, where it was used by Nick Fury and some of the agents of S.H.I.E.L.D. The design was not approved for the box set case, however, and the company filed suit in a California federal court. What does this mean to the consumers who already placed pre-orders on Amazon or multiple other retailers advertising the product? Amazon now lists the box set as "currently under review" and "not available to pre-order."

We reached out to representatives from both Marvel and Disney who did not respond to our request for comment.

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