Warren Miller Entertainment Sues Rival Ski Film Producer

Patrick

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http://www.firsttracksonline.com/News/2 ... -Producer/

Sep 24, 2009 - 12:00 AM
Warren Miller Entertainment Sues Rival Ski Film Producer
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Denver, CO - Boulder, Colo.-based Warren Miller Entertainment Group (WME) has filed suit against independent Colorado ski filmmaker Level 1 Productions over Miller's appearance in the latest Level 1 film, Refresh.

In the litigation filed Monday, WME seeks civil damages for trademark infringement and attorneys fees for Miller's appearance in Refresh. It also seeks injunctive relief to prevent Level 1 from using Miller's name in promotional materials, and to force Level 1 to remove any appearances or narration by Miller, now 84, from the film. U.S. District Court Judge Marcia Krieger on Tuesday denied WME's motion for a restraining order to prevent further screenings of the film, which premiered Sept. 18 at the IF3 International Freeski Film Festival in Montreal, Canada, and was subsequently screened in Boulder Wednesday evening.

Warren Miller sold his filmmaking business in 1988 to a predecessor of WME, which is now owned by Bonnier Corporation, which also publishes SKI and Skiing magazines. According to court documents, WME entered into an agreement with Miller in 1995 granting WME exclusive use of Miller's name, likeness, voice and endorsement. Notably, however, WME did not name Miller himself as a defendant despite the fact that he apparently agreed to appear in Level 1's film.

"It's disappointing that Warren Miller Entertainment would seek to put a stop to something that in all reality should serve to increase the reach and scope of the Warren Miller name, and in turn, the value of their own brand and films," Level 1 founder Josh Berman said in a prepared statement released Wednesday afternoon. "Level 1's interview, and subsequent inclusion of Warren Miller in our new film, Refresh, was motivated by our desire to create a meaningful film that helped to bridge the generation gap and do something good for the sport of skiing."

Representatives of Warren Miller Entertainment could not be reached for comment.

The matter is now pending a scheduling conference before the court on Oct. 5.

This is stupid.

Some folks are calling for a boycott of WME. I agree...not that they been making anything good in the last few years.

Topic is on TGR and NS.

http://www.tetongravity.com/forums/show ... p?t=168960

http://newschoolers.com/web/forums/read ... 17/page/2/

From Newschoolers
So as many of you have already heard, yesterday our friend Josh Berman, from Level 1 Productions, was served a Lawsuit from Warren Miller Entertainment, (WME). This was not the "scare the kid with the camera by sending a letter threatening to sue him" letter......this was a 100 page Lawsuit filed in Federal Court for Level 1's use of Warren Miller's voice in their new film. As most of you know, the entire Warren Miller involvement was a secret that was not promoted in anyway, shape, or form. It was a surprise for the audience that allowed Josh to do something special for his 10th film. Josh did not seek out Warren, nor did he advertise his involvement in the film whatsoever.

Well, as some of you also may be aware, Warren has not been in a WME film in like 6 years. He hates the direction their films have gone and he wants nothing to do with them at all. They have been using his pre-recorded voice-over and old audio to make it seem like he is involved when in actuality he really dislikes the current WME company. Plus he wanted to get back at WME reconnect with his audience by working with Josh this year. (That alone makes Warren just that much cooler in my book by the way).
The lawsuit is a really serious one and they are coming after Josh for what they refer to as "irreparable damage" to their brand and they are also claiming that Josh is "misleading their audience" by advertising that he is making a Warren Miller Film. That is not even the tip of the iceberg of the outrageous and asinine claims that they are making in this lawsuit. After reading it you are overcome by both incredible laughter and a burning desire to punch someone right in the face as hard as you possibly can. Not only is the lawsuit absurd, but they actually called the Boulder Theatre and demand that they not play the film at the Premiere on Wednesday night due to the pending lawsuit. WME is already as clueless and as far removed as any company in action sports, but this puts them into far-reaching realm of idiocy in my book.
The best part about this is that they deliver the court papers yesterday and the hearing was this morning. So Josh gets this thing with about 15 hours notice and of course is understandably flustered, frustrated, and concerned (even though he did absolutely nothing wrong), and this morning the judge reprimanded WME for the completely ridiculous rush approach they took to try to catch Level 1 with their pants down, and removed the restraining order that WME tried to put on the Boulder Theatre demanding that they not play the film....yeah, WME actually threatened the Boulder Theatre with a lawsuit if they played the movie tomorrow night.
Now, the question is, do they really think that they know what "irreparable damages" are? The NS community is as strong (and idiotic) as any community of people on planet Earth. I am pushing for some serious pushback on them from us. Forget sanctions, no one here would ever spend a dollar on the current WME offerings (the old flicks were great and had some soul) so boycotting won't hurt them. I am talking about a full fledged, un-lubricated, assfucking of their brand and reputation. I am not going to give any specifics or recommendations for legal purposes, but you guys know how to really get a tidal wave started.

They have had a really difficult time reaching this demographic already, and I hope that word of this absurdity spreads to a larger audience.

http://www.examiner.com/examiner/x-4364 ... h-ski-film

Warren Miller Entertainment (WME) filed a trademark infringement complaint Monday in the U.S. District Court of Colorado against Level 1 Productions for the use of Warren Miller in the ski movie “Refresh.” Appearing in the new film from Level 1, the 84-year-old Miller is considered a legendary pioneer in the ski filmmaking industry, but he sold his business and use of his name in 1988 to International Entertainment Group, the predecessor to WME.

Temporary restraining order denied

“Refresh” premiered in Denver on Sept. 11 and was shown at the International Freeski Film Festival in Montreal on Sept. 18. Along with the trademark complaint, WME also entered a motion Monday for a temporary restraining order to prevent more showings of the film. Judge Marcia Krieger denied the motion a day later on Tuesday, the day before a screening scheduled for Wednesday, Sept. 23 in Boulder, Colo.

Acting in place of Judge Christine Arguello, who was assigned to the main case but was busy with other hearings, Krieger wrote in her decision, “the Defendant apparently secured Mr. Miller’s agreement to appear in 'Refresh,' and should be entitled to identify him to the public and advise the public that Mr. Miller does, in fact, appear in the film.

“According to the Complaint, every instance in which the Defendant used the 'WARREN MILLER' mark involved either Mr. Miller personally identifying himself or the Defendants making reference to Mr. Miller as a participant in the film,” Krieger added. “These uses of Mr. Miller’s name are entirely consonant with the public’s interest in being able to truthfully identify a specific person.” Krieger also scolded the plaintiff for the late timing of the motion. She questioned if sufficient time was given to Level 1 for a response or possible resolution to WME’s concerns before the matter was taken to court.

WME cites agreement with Miller

A 1995 agreement between WME and Miller submitted to the court states that “WME owns the exclusive right, in perpetuity, in all media, to the name, the personal endorsement, use of voice, and the likeness of Warren Miller, when used with its existing business, and the fruits of its related efforts.”

Miller’s narration and on-camera work in “Refresh” could be a matter of dispute in regards to this contract, but WME is suing Level 1, not Miller himself. Krieger remarked on this issue in her decision, “Whether Mr. Miller’s participation in and endorsement of 'Refresh' breaches his exclusive licensing agreement with the Plaintiff is a question that does not appear to be presented in this case.”

WME owns “Warren Miller” trademark

WME argues in its complaint that it holds the U.S. trademark registration for the “Warren Miller” name. WME claims that it derives significant commercial advantages in the ski film arena from the exclusive rights to the well-known name. According to WME in the complaint, the use and promotion of Miller’s name by a competing ski-film producer, Level 1, are “likely to cause confusion, or to cause mistake, or to deceive consumers or potential consumers wishing to purchase WME’s products."

Montreal crowd chants 'Warren, Warren'

An affidavit submitted to the court from Marie-Claude Drouin, an audience member for the Montreal screening, claims that the theater crowd chanted “Warren, Warren” at the beginning of the film. The affidavit also details the specific appearances of Miller and his name in the film.

Request calls for monetary damages, halt to film showings

The complaint objects to use of Miller’s name in promotion of the film. WME submitted examples from the Level 1 website and even “tweets” from the Level 1 Twitter account. Level 1 has now placed a disclaimer on its website, “Level 1, Refresh, and the Boulder premiere of Refresh have no relationship with, partnership with, or represent no claims to be associated with Warren Miller Entertainment Group.”

In response to the filing on Monday, Level 1 posted on Twitter, “Looking for a good Intellectual Property Attorney in the Denver area... someone, anyone?”

Along with an end to any promotion involving Miller’s name, WME wants any material including him to be removed from the film before it can be shown again. WME is also asking for trademark infringement monetary damages and attorney’s fees.

On or before Oct. 5, counsel for the parties must contact Arguello to schedule the hearing of the case. WME is owned by Bonnier Corporation, also the parent company of Ski and Skiing magazines. Level 1 is a Colorado-based limited liability company founded by Josh Berman.

Level 1 calls legal action 'disappointing'

In a statement sent by e-mail Wednesday, Berman wrote, "Level 1's interview and subsequent inclusion of Warren Miller in our new film, 'Refresh,' was motivated by our desire to create a meaningful film that helped to bridge the generation gap and do something good for the sport of skiing. Level 1 has never, nor will ever, have any intention or desire to deceive our audiences into thinking that our films are in any way related to Warren Miller Entertainment, or further, that we are trying to capitalize on the brand and image created and purveyed by Warren Miller Entertainment.

"To the contrary, we have always gone out of our way to promote the Level 1 brand and our films, as entirely unique within the skiing community," Berman added. "It's disappointing that Warren Miller Entertainment would seek to put a stop to something that in all reality should serve to increase the reach and scope of the Warren Miller name, and in turn, the value of their own brand and films. We're very pleased by the judge's denial of Warren Miller Entertainment's motion for a temporary restraining order."

Representatives of WME have not replied to a request for comment on the case.

Thanks to Big Jay for pointing this out on ZS.
 
It's pretty quiet over on ZS... losing the objectivism and probably too busy kissing and huging for freebies and ski passes... Ah well... boring world out there! Did i mention the new imporvements coming this years to our local park where they'll add 20 new chairs to the cafeteria! That'S bigger then any other news coming from the Northeast! lol!
 
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