BREAKING NEWS ON THE SKI SHOW RIGHT NOW!

I realize it is confusing, to clear it up a bit: WMC is the company based around the ACTUAL Warren Miller's life work, books, and foundation/charities, etc.
Warren Miller Entertainment is the production company in existence after the sale to Bonnier Corporation (a global publishing media conglomerate) and is the party involved in the lawsuit vs. Level 1. It would appear that they are trying to dust under the rug the fact that the REAL Warren Miller is no longer involved in their current projects, and furthermore is rightfully using his name and voice to reach a new generation of skiers in a very different and positive way.
Hopefully the "information age" will reveal the truth behind lawsuits and scare tactics in the greater skiing community. (And I hope this doesn't create more questions than it answers.)
 
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I have a hard time believing this lawsuit is over something as trivial as Warren Miller doing a voiceover for Level 1. I could see it if L1P took the voiceover from older Warren Miller movies, but even if Warren Miller breached his contract with WME by doing a voiceover for L1P, they'd be going after Warren Miller himself. It just doesn't add up.
 
When you email them in protest, don't forget to call them "gay" and how they're "homos" for suing L1P. That will show them!
*rolls eyes*
 
I don't think the claim has any merit, but it still costs to defend. Maybe seek summary dismissal or file countersuit for costs. The USA is a fucking banana republic.
 
If you go on WMEG's website you'll see that they're owned by a multi-platform entertainment group called "Bonnier Corporation". It is most likely from here that the law suit is coming from, or originated.
Even if it isn't, Bonnier owns WMEG and if they are un-aware of this lawsuit they need to be notified.I'm sure when they realize the amount of damage that will be/being done, they'll rethink their actions.
Their website is here: http://www.bonniercorp.com/
 
This is to my knowledge the first ski project that Warren has been directly involved in outside of film's with his name on them. Apparently WME is rather threatened by it, considering it is the release of their 60th film "Dynasty" and without Warren's involvement or input, and considering that they attempted to restrain upcoming Level 1 premieres with a last minute lawsuit.
Level 1 never intended any animosity towards WME by Mr. Miller's involvement in Refresh, and as a whole it should actually create greater knowledge and reach of his legacy in skiing.
 
Sending emails isn't actually going to accomplish anything. They've secured counsel and filed suit... they're basically pot-committed now. L1P either settles (fuck that) or litigates. Either will be expensive.
 
....And as for going after Warren Miller himself, even if there was a breach of contract on his behalf, that would create a public relations nightmare- far bigger of a fiasco.
 
So you're saying it was probably an inside job ehh? I mean for years Warren Miller has spoken out against the new era of skiing, then all of a sudden he ends up in the freshest of movies? It just doesn't add up. I can just imagine the Miller boys hatching this crack pot scheme over hot wings from their Denver Broncos club box.
 
There's no point to suing Warren himself. He doesn't have control over Refresh. The point is to secure a prohibitory injunction (probably under an intellectual property statute) requiring L1P to cease distribution of the offending materials. So no DVD sales, no premieres.
 
Just to clear it up, neither Warren miller nor his son are a part of Warren Miller entertainment group. THey sold it a few years ago. So don't hate on them. They love skiing more than anyone and made it what it is today.
 
No it won't. Why would they give a fuck if jib rats go to their premieres. Throwing lawsuits around (even represented by some 2nd rate local FS firm) costs a lot of money. They're apparently playing on a level you can't make a dent in.
 
No JD, they DO give a fuck...WME has had a very difficult time reaching a younger demographic for years. Lawsuits aside, that affects their future and their bottom line.
 
whoa thats gay
its just plain greedy hate anyways the miller movies arnt that good i must say
poor lvl 1
 
You aren't their target market, and even if you were, this getting around and preventing, say, 100 people (I'm being massively generous) who would have gone to their premiere but decided not to, at an 8$ door fee, makes 800 bucks. Their counsel billed them that amount the first ~4 hours he worked on this. The dollar value you can deprive them of is pocket change if they have the money to spend on litigation.

Not to mention kids on here have notoriously short term memories. I notice no one cares about all the crap MSP did a few years back anymore. It'll happen again, it's just reality.
 
Honestly, I think they're mad at Warren more than they're mad at L1, it's just that it'd look pretty bad for the company he started to sue him for talking in another movie. The truth is that after Warren and his son left, the company slowly started to phase out his narrations, and change their whole style in the process. As a result, Warren got mad and criticized them for the way they're going with their movies but like I said, it'd be bad to sue an old man whose a legend in the industry so they'll sue the relatively unknown L1 productions instead.
 
By your logic, we shouldn't vote either. People should boycott and tell as many people as possible about this, write letters to the editor of your paper if WMEG is coming to your town, etc. Obviously WMEG is worried about our demographic or else they wouldn't have filed the lawsuit in the first place.
 
As a law student can you give us some sort of idea of what WMEG is going after..it's because Mr. Warren Miller spoke in the new level 1 film, but whats their angle of prosecution?
 
Dont worry L1P I have your back. I sent them at least 30,000 emails full of racial slurs under a. I say we DDoS them next and after that we fuck with their premier advertisements and change the dates so nobody shows up at the right time. Next we plaster signs all over every lift tower in every area that says "warren miller entertainment sucks my balls". Flawless victory inc~
 
Something has to be missing here. if Warren Miller himself contracted with Level 1 to do a voice over and Warren Miller Entertainment feels it has the "rights" to his voice then they should be suing Warren Miller himself. its highly likely that when Warren Miller sold his Company he signed a non compete clause which would prevent him from narrating movies for a cetain amount of years after the sale. they are probably suing Level 1 to prevent them from distributing the movie while this whole thing gets sorted out.

litigating against this is certainly going to cost a lot but if Level 1 hires a defense attorney that feels they can win the case it probably won't cost them anything out of pocket OR they will get the legal fees back. yes he will bill them but if Warren Miller Ent loses it should have to pay Level 1's legal fees. I think.

a few comments up was a law student........does this make sense??

anyway this is complete bullshit. it goes to show how far removed big companies actually are from the sports that they are trying to make off of. if this is true Fuck them. i will never buy a warren miller movie again.

 
It makes sense if you look at it this way...

WME is not going to pursue Warren Miller himself. That would just look even MORE petty and tactless than their current actions.

Right now, it seems that WME is afraid of people realizing and discovering that Warren Miller has NOTHING to do with the movies anymore.
 
someone needs to find this out

if warren miller himself stopped by and layed down narration specifically for level 1, all new material, then there really shouldnt be a problem,

however, if level 1 thought hey i got a cool idea lets take some audio tracks of warren miller and use them in our movie in conjunction with what we already have, then they are probably in some trouble here.

if this narration was layed down specifically for level 1 by WM himself then it belongs to them and wme can slowly fuck off into the distance, hopefully they were not stupid enough to just use previously recorded stuff they found without anyones permission i would think they would know better but i have seen crazier shit happen...

can someone answer this for us?
 
warren miller provided the audio himself. In the Credits of the movie they had a shot of him and berman with a boom mike recording stuff, it was not taken from old movies which ironically wme does
 
Unless, of course, the entity or company in reference is a sole proprietorship or the like, in which case the entity's taxation and legal liabilities are inseparable from the founding principal. In such a scenario referring to the company as a "person (he/she..etc.)" would be completely, 100% acceptable in the sophisticated business arena.
 
Yeah thanks. I searched around a little and found that out too. Sent WMC an apology, and redirected my comment to WMEG.
This is so stupid. WMEG has lost any remote sense of respect that I ever had for them. Joined that FB group too just because.
 
Yeah. Hopefully that will be the end result, but it's still going to cost L1P money. Lawyers don't come cheap.

I really hope this picks up some legit press. It's stupidly ridiculous enough, and WME is a recognizable enough company that it seems like it'd be worth writing about.
 


Boulder's Warren Miller Entertainment is suing a Denver ski filmmaker for enlisting filmmaker Warren Miller in its latest movie.

Level 1 Production's ski film "Refresh" first premiered Sept. 11 at Denver's Bluebird Theater, and 10 days later, Warren Miller Entertainment filed a trademark-infringement lawsuit against Level 1 in Denver's U.S. District Court.

It seems as though the venerable Miller, now 84 and living in Washington state, sold the right to his voice in a 1995 deal with Warren Miller Entertainment. That deal, forged seven years after Miller sold the film company he created in 1948, gave Warren Miller Entertainment "exclusive right, in perpetuity, in all media, to the name, the personal endorsement, use of voice and the likeness of Warren Miller."

So when Miller sat down with Josh Berman and his decade-old Level 1 Productions crew and warbled utterances such as "If you wait until next year to do it, you'll be one year older," and other narrative quips for "Refresh," federal trademark laws were broken, argues Warren Miller Entertainment.

The lawsuit says that Warren Miller Entertainment has been "irreparably injured and damaged" by Level 1's unauthorized use of the Warren Miller image and asks the court to force Berman to stop using the filmmaker's famous name and voice.

Berman, a pioneer in "new school" ski movies that appeal to younger skiers, says he and Miller "thoroughly vetted the whole process every step of the way" to make sure everything was "done legally and not in violation of any contracts or laws."

"We approached Warren, and Warren was very receptive to the idea," said Berman, whose marketing pitch for "Refresh" notes that Miller's participation "is the ultimate way for us to bridge the gap between our younger core audience and the more traditional ski film fans."

At a recent showing of "Refresh" in Montreal, the Warren Miller lawsuit reports that the young audience "was chanting 'Warren, Warren' over and over."

Warren Miller Entertainment representatives were not immediately available for comment today. Level 1's website now includes a disclaimer that neither the company nor the new movie has any relationship or connection with Warren Miller Entertainment.

Judge Marcia Krieger on Tuesday denied Warren Miller Entertainment's plea for a temporary restraining order that would prevent tonight's Boulder viewing of "Refresh," saying the company had not proven that further viewings would pose "immediate and irreparable injury."

 
you are correct, although that is the wrong contact info as thiis for The Warren Miller Foundation which is actually owned by Warren Miller...NOT Warren Miller Entertainment which filed the suit.
 
http://www.examiner.com/examiner/x-4364-Skiing-Examiner~y2009m9d23-Warren-Miller-Entertainment-sues-Level-1-Productions-for-Refresh-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.

Representatives of WME and Level 1 could not be reached for immediate comment.

 
Which I dont understand how they can claim that. There was NO advertising of Millers appearance whatsoever. It was a total surprise until the film was even shown.

But did you read what the Judge said? Id say L1P has a good chance of this getting thrown out.
 
monatary damages is bulll shit.WME is gunna loose way more sale because they sued someone in the same industry then have mr. miller associated with level 1.PLUS its a completly different fan base. the people who buy level 1 are the park rats mostly and the guys who like the newschool movement. WME is a legend and will never be thought less of becuase mr miller was in a level 1 film, as well as the fact that the majority of the people that buy WME movies and products probably havent even heard of level 1.i think it will get thrown out. at tops i think the courts will make level one take mr millers name off the dvd case. off the credits at the end. and his name out of anywhere in the film but i dont see them being able to make level one take his voice. or his face out of the movie.and they did not use him to premote the movie. most of the people that were gunna buy the movie already pre-ordered it BEFORE they even knew miller was in it.but what will happen in any case is its gunna cost level one a shit ton to defend or settle. and if level 1 wins there still gunna have the court costs. i think people (or companies) would be alot less sue happy if when the lost the suit, they should have to cover all of the defendants court fees. ive heard lots of stories about small buisness (like level 1, or at least i dont think there huge) going out of buisness after they were sued, AND WON, but the cost of defending themselves in court simply broke the bank.its the system. i really hate it when people say that cuz it seems there putting the problem on someone else. but it IS the system/rant
best of luck level 1! and because of this. wether you win or loose ill probably be buying a copy or refresh because im aware its gunna cost a shit ton of money to defend your company so this year more then others, every sale is realllly gunna help.
 
This point needs repeating, sorry for whoring. It's just that I really did have one of those prophetic, what a genius, moments when I saw the film.
 
Agreed.

It does seem pretty meritless and unfounded.

And as has been suggested, Miller's presence in Refresh would benefit WME if anything.
 
^^this. all the emails are boycotting and what not are definitely a way of showing support for L1, but honestly, the best thing any of us could do is get to L1's website and buy stuff. buy the movie, stickers, old movies, whatever. as i'm sure most people here know, none of these companies are turning a huge profit on their movies. they sell them to cover costs, and that's pretty much it. they don't have the funds to pay for this type of bullshit, and that's where we can help. spend what you can, any little bit makes a difference.
 
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