WME vs. Level 1 lawsuit details

Ive just heard rumors that he has some issue with athletes, im not trying to drag any one down... I believe that the message from MSP on high five was below the belt... still wish him the best of luck... Im really interested to see WM point on this suit...
 
Double post, but figured dropping it here would get as many eyes on it as possible:
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Thanks for the good words everyone...
I know that Warren would appreciate hearing any support, feedback on Refresh, or otherwise positive comments. If anyone is interested in sharing their thoughts with him directly, I know he checks his facebook page daily:
http://www.facebook.com/warrenmiller
The ski industry, and Level 1 specifically, is fortunate to have such a passionate group of people getting involved. Thank you all for the continued support!
 
I'll be ripping down WM premiere posters all around my town. Then stand at the front door and preach to the people why they shouldnt support this film company.
 
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That statement is from the people trying to win the lawsuit, and you are buying right into it, aren't you?Wake up, just because WMEs lawsuit says that, doesn't make it true.
Also, even if it were true that their contract meant the company could effectively "own" Warren's voice (debatable), that noncompete clause expired in 1999, according to Warren himself.
Luckily the judge who voided the original restraint order didn't buy into that bullshit, like you apparently do.
 
This isn't how it works. When you own a trademark, you own it. Same way you own a computer or a house or a pair of skis. The non-compete is a totally different contract. As for saying hello to the clerk at a grocery store, you only "use" a trademark within the definition of the law when you use it to distinguish your product. This wasn't marketed to anybody though, people buy level 1 movies because they're level 1 movies, not because warren miller's voice is there. It's a device, not a selling feature. Moreover I just don't see how it damaged WME. Anyway, we don't have all the facts and allegations, so we don't know WHAT the deal is, but as before, the amateur legal analysis is really completely fruitless.
 
A trademark is something that in the minds of customers distinguishes your product from other peoples'. So, for example, if morgan freeman does the voiceover for 100 visa commercials, people start to associate his voice with visa. Coke has a particular bottle shape; if you see a glass bottle shaped like that, you don't need "coke" printed on it to know it's a coke bottle. That's why trademark doesn't just apply to things like "Newschoolers.com" or "Poor Boyz Productions" or "McDonalds". If I start selling a cola in the same bottle shape as a coke bottle, people could very well think "hey, this must be a coke product". I do not, meanwhile, think that people are going to see Refresh and think it's a Warren Miller Entertainment movie, regardless of whose voice appears in it. To start with, Refresh doesn't suck.
 
hahahahahaha you made my day

but really thought i bet the only time WARREN MILLER appears on films will be the credits, and small in the corner when his name pops up on screen just like the rest of the riders.and im SURE that LEVEL 1 will be plastered all over the premier, all over the dvds, and all over bonus/main menu. not to mention that ever rider i bet has at least one shot with the famos level 1 tall tees haha.all of this LEVEL 1 labelling wont be to cover there asses either. its gunna be the same as every year because level 1 want to promote LEVEL 1 NOT WME. saying oh we got mr miller might boost sales for one year but have sick shots and editing associated with LEVEL 1 will get return customers and that what they want. there not going for the vacation skiers like WME does. i dont care how much the fact the mr miller is in it get advertised the market the buys from wme will still not buy level 1s movie. /rant
 
I'd love Level 1 to win this case asap so that we can go back to our normal lives and get our preorder! I just can't wait to see REFRESH!!!
 
Ironically, WME is suing for "irreparable damages" to the Warren Miller brand...

...and this law suit did so much to further the brand and did not make them look like a bunch of greedy douchebags at all, right?

Really hope that L1P can make it out unscathed.
 
Did you read it? The slant definitely comes down on the side of Level 1.

Look at the order that the quotes are presented. The statement by the WME ceo is first, then followed up by Berman's analysis. Concluding the story is a notation about a "rebelious cheer."

Read and analyze before you make me go scrambling off after press coverage.
 
Hmmm. Maybe I just interpreted it wrong. I guess this was the line that made me wonder: "Even though Berman said Miller was not doing “traditional narration” in “Refresh,” in one segment Miller describes Chamonix, France and a little casual crevasse-jumping. It could have been right out of an official “Warren Miller” movie."
 
The last paragraph of the article is Berman getting the last word in with that quote about the whole thing blowing up in WME's face and how they could have played it better. Definitely slated towards level one but it remained pretty objective I thought it was well written for a wide audience and well thought out.

You didn't read the whole thing huh? It's allll good
 
Dear WME,

As you may have realised, the freeskiers that form the newschoolers community (your customers) disagree with your lawsuit against Level 1 Productions. I think I speak for many people when I say that this lawsuit is an act against the free will of Mr. Warren Miller, he may be the founder of your company but apparently he no longer wishes to be involved as he decided to work with Josh Berman. Josh did not influence Warren in any way, nor did he advertise his involvement in the film in any way. Your claims that Josh is doing "irreparable damage" to your company are absurd as you're only creating a bigger problem by displeasing the world of freeskiing, metaphorically speaking you're digging your own grave, if you lose this case (which you most probably will as the judge seems to be in favor of Level 1 Productions) Warren Miller Entertainment will probably go bankrupt due to the hatred of the skiing community provoked by the previously stated lawsuit. I hope you understand that continuing your battle with Level 1 could end the existance of WME. No matter how hard you try to shut down Level 1 Productions they'll keep going as the whole skiing community is behind them.

Now for my personal opinion, I think you're sad little men who cannot find a decent way to make money so you've decided to sue your rival, that was a bad idea, now you've turned the whole skiing community against yourselves and you'll never sell another film. Soon you'll go bankrupt and the world will be a better place, for all I care you can carry on with your little lawsuit, either way you're going under.

Yours sincerely, Josh Wells.

 
bad. keep all the shit about the case out of it, cause you don't know (and nobody) knows anything about. Keep out the business aspect out of it as well, WME is backed by a very financial strong company, there probably not going to bankrupt if they lose this case. Instead focus on the communtys recation to the lawsuit and in turn how there customers feel about it. Tell them that this law suit is hurting the skiing community as a whole and as a result will cause a bad image for their company. Insulting them saying your company is going to under, and you don't care just loses all credibility your letter had.
 
maaan, well i havent sent it, im just pissed off at those fucking pussies, i really dont want level 1 to die, they're the best thing to happen to skiing and if WME end it i will actually hunt them down and shove the head of each of their employees in the same giant toilet.
 
Your doing everything to show the world why the newschool cmmunity is just a bunch of angry white middle class kid that cause a fuss when they dont get thier way... Thanks for keeping that sterotype going strong
 
you can talk, it says "i hate you" in your name. who's the angry one again?*

also, at least im making an effort, i might not be able to help level 1, and im not middle class stupid, if i was i'd have had enough cash to donate some to them. think before you post, you dont know shit about me.
 
the lastest issue of the Aspen Daily news... check this shit out, looks like things are going our way and the judges realize WME needs a giant peter north 8 roper shot to their face:



The judge asked the attorneys to prove to her that people are confused

about whether “Refresh” was made by Level 1 or Warren Miller

Entertainment, to show her that Miller does not have the right to use

his own name, and tell her why Warren Miller Entertainment has not

previously filed an infringement lawsuit against Miller over the past

10 years, even though he has used his name in other commercial ways

and in other ski films.
http://www.aspendailynews.com/section/home/136816

 
I dont know if this was posted already, but from the freeskier article

“I consider Josh my friend and I have been very impressed with his

efforts as a film maker, and more so as a human being. He is a very

nice young man, and I was honored to oblige his request to participate

in Refresh. I have been invigorated by working with his group, whose

passion for skiing matches my own. WME made clear to me long ago that they did not want me involved

in their films – so I’ve essentially cut all of my ties to them. I have

a legal and moral right to freely use my name, voice, and likeness as I

choose. By suing Josh, I feel that WME is challenging my rights as a

person and public figure. I will not stand by and let a young, talented

artist like Josh get shoved around by a group that, in my opinion, has

no genuine regard for the fans.” - Warren Miller

Yea Josh! That's quite the compliment coming from the man himself.
 
My new facebook status. "Warren Miller is fighting against Warren Miller Entertainment for being a bunch of greedy, ignorant fucks that no longer represent him or care about skiing. It is a good day. Level1>WME"

 
Like I said before. The real SCUMBAG here is a guy by the name of Max Bervy. Trust me when I tell you I know this shit on the real. Everyone who is backing Level 1 and telling WME to fuck themselves is on the right track. But I have dealt with this parasite first hand and he is the one who is driving this lawsuit. Ask yourself this question? What is WME actually doing for the ski industry and how are they giving back. They do nothing but take from the industry and use people like Chris Anthony in movie after movie. Chris Anthony has made it all the way to the middle of the WME talent pool. I mean how long are you the ski community going to sit and watch this regurgitated BULLSHIT. Please tell all your friends and family to BOYCOTT WME. You don't have to BOYCOTT there sponsors though. But you should at least write there sponsors a letter and voice your displeasure with WME. The pen is mightier than the sword. YA HURD ME.
 
We dont just need to boycott WME though we need to boycott their parent company Bonnier Corperation. This means no SKI mag and no SKIING mag also and they own like 30 other companies too. Boycotting sponsors is a good idea too
 
My name on the internet has nothing to do with this situation... and Im not saying dont try and help L1P, just do it in a manner that makes you look smart instead of a winny little brat. The wiser you sound the more likely they are going to listen and respect your comments. You get more flies with honey, than vinegar....
 
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