Viva Metal Box is no more

[Pieter V]

Thanks to Andy for first reporting this news in the Best Buy thread.

An excerpt from the summary decision issued Nov 26 2012:

The Court permanently RESTRAINS AND ENJOINS Defendants Viva Magnetics Ltd. (Hong Kong), Viva USA, Inc., Viva Media Packaging (Canada) Ltd., Viva Metal Packaging Ltd. and Viva Media Packaging Ltd. (collectively, “Viva defendants”), their duly authorized agents, servants, employees, and all others in active concert or participation with the Viva defendants from (a) infringing the following United States patents of plaintiff Glud & Marstrand A/S (“G&M”): 7,051,872; 7,232,032; 7,350,642; and D562,049, and (b) making, using, offering to sell, selling and/or importing (i) the Viva Metal Box for Blu-Ray and DVD products accused of infringement in this action, and/or (ii) the Digital Versatile Disk (DVD) case accused of infringement in the 2005 action between G&M and some of the Viva defendant

Here is the original suit filed by G&M (steelbook) in District Court in Washington state:

http://www.scribd.com/doc/85682389/Glud-Marstrand-A-S-v-Viva-Magnetics-Ltd-Hong-Kong-et-al

 

[Renius]

Oh dear what a terrible shame. Disney will have no choice but to start releasing Steelbooks again

they will release metal slipcases in best case

 

[apsmith21]

Does this mean other countries can still make tho?

In Hong Kong they can, since we're seeing Elite Squad come out that's being published after this design.

However, Viva might determine that they don't want to invest in product where they can't sell x thousands of copies to a retailer like Best Buy.

 

[xanderville]

It is always unfortunate to see competition be deleted as it is not in the nest interest of the consumer. Competition drives creativity and better quality. Unfortunately we live in a world where patents have gone beyond protection of the original creator to harming the innovation progression of the world. Innovation is beneficial as long as it gives credit where credit is due. A court's ruling on the infringement of patent can sadly be a complete interpretation which that could go the opposite direction in interpretation if brought to the same court a decade later.

Viva infringed on patents as determined in court. It is up to them to give in or not. I think it is the best interest for all collectors if Viva keeps competing as they do have the money to do so. Creating a new design will be difficult but if they did step back up from this blow and bring something new to the table then I know they will have my support.

 

[yurydalkou]

sucks

 

[apsmith21]

It is always unfortunate to see competition be deleted as it is not in the nest interest of the consumer. Competition drives creativity and better quality. Unfortunately we live in a world where patents have gone beyond protection of the original creator to harming the innovation progression of the world. Innovation is beneficial as long as it gives credit where credit is due. A court's ruling on the infringement of patent can sadly be a complete interpretation which that could go the opposite direction in interpretation if brought to the same court a decade later.

Viva infringed on patents as determined in court. It is up to them to give in or not. I think it is the best interest for all collectors if Viva keeps competing as they do have the money to do so. Creating a new design will be difficult but if they did step back up from this blow and bring something new to the table then I know they will have my support.

Part of the settlement agreement (not quoted here) that Viva made with G&M was to never contest the validity of the G&M design in USA courts at a later date.

They will not be coming back with a derivation of a metal book (with spine) type of design.

Good for steelbook, bad for innovation.

 

[CraigH]

They should make a case which hinges along the top. Wouldn't have to buy stands, just pop it open like an A-frame it will stand on an angle perfect for display

 

[biscuitnoir]

Oh dear what a terrible shame. Disney will have no choice but to start releasing Steelbooks again

Or not

 

[xage]

Blu-Ray Digibooks in Target USA are selling pretty well - this is another prospect or marketing exclusive

 

[Drum18]

Now sticky.

 

[ThalliumBook]

I didn't realise you could patent a tin case.

Does this mean my sardines are going to come in plastic tubs now?

 

[laz305]

Blu-Ray Digibooks in Target USA are selling pretty well - this is another prospect or marketing exclusive

yeah the digibooks are growing on me. I just hate the way the stack up against the rest of my collection and so far I'm glad I don't have to run right out and get it on release day, they don't sell out. But that might change

 

[stevo]

What a damn shame. These Viva Disney's are what I look forward to, and get excited the most about. I cannot believe the courts found these to be too similar to SB's. IMHO, they are much superior to SB's in quality and design. Just count the number of people in this post to see who shares the same opinion as me. The only similarity to me is that they're both made of metal, and of approx the same dimensions. On the bright side, I got a vast collections of these Vivas, and they will no doubt skyrocket in value in years to come.

 

[Tony208]

holy crap first play.com and now this

steel packaging niche shrinking

 

[nicorobin]

What a way to start the year. I was looking forward to other Viva Metals for Disney. This is such a shame.

 

[felix_champs]

Damn shame this mean we will not get Frankenweenie

Disney need to find something else and quick

Steelbook :shoot:

 

[policenauts]

monopoly rule !
never good for consumers.

and now bye bye HMV ?

 

[Chief]

Damn shame this mean we will not get Frankenweenie

Disney need to find something else and quick

Steelbook :shoot:

I agree with you on Frankenweenie felix. I was more gutted when a Tangled release never materialised though!

I have to say, i thought VIVA's (like IronPack's) were cheap imitations from the start. The sooner Disney switch back to Steelbooks the better.

 

[BluRayJunkie]

I, like most of you, liked the Disney Viva cases. But the law is the law. It will be interesting to see Disney's response. I doubt we'll see steelbooks from them.

Sent Via Batmail.

 

[ricster]

Real shame. Just started collecting these a few months back. Really really impressive with most if not all of them. The bambi is a real joy. The detailing superb. I really love the pirates 4 VMB. The embossing is superb. Tron legacy another fine example and prometheus Australia. The best metal for prometheus IMO.

I liked the ironpacks too.

 

[blackberry]

No more metal packs !?! NOOOOO

Metal Pak is still available. Only Viva Metal Box is no more...

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