WME vs. Level 1 lawsuit details

I guess this is the question that no one really wants to ask but.. How much of a chance is there that this could be end of Level 1? I would pretty much die.
 
Thanks for the link. The sad thing about this as already mentioned in this thread, is that I agree, had WME just left things alone, they would have likely gotten more of an audience from newschoolers who don't have decades of memories.

INstead, this backlash is only going to grow and work against them - in my opinion of course!

Best part in the Denver article validating the above comment. At a recent showing of "Refresh" in

Montreal, the Warren Miller lawsuit reports that the young audience

"was chanting 'Warren, Warren' over and over."

I'm sure there is a "no bad-mouthing" clause in these riders contracts. I wonder what they are thinking? Hathaway... are you around? http://www.skinet.com/warrenmiller/athletes

Oh look.. another forum to post in to get teh truth out.

http://www.skinet.com/warrenmiller/forum





 
Anyone know how this will affect pre-orders on the dvd's? I am guessing there not gonna distribute them until the lawsuit is resolved but anyone know for sure what there planning on doing?
 
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.

 
FUCK, that doesn't look good. However, from what I can tell, their biggest problem isn't with Level 1, it's with Warren Miller himself. I hope this doesn't affect Level 1's future and I hope that the pre-orders are still delivered...I really want to see this movie!
 
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.
Its 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 Temporary Restraining Order.
 
Best of luck with your case. It's a really shitty situation, and even though I haven't seen the film yet, I hope to see it in it's entirety in Milwaukee and Greendale.
 
Hey Mods, Sticky this? NSG is just getting clogged up with WME threads. It would just be better with this one since most of the details of everything are on here.

Plus where is this court case going to happen. Tons of riders schould show up to protest outside.
 
Looks like you found a lawyer then Josh. =)
Can you say anything about how this will affect preorders yet?
 
does anybody feel that, had WME not filed this lawsuit, the appearance of Warren Miller providing voiceover for Refresh, there could actually, quite likely have been a positive outcome for WME themselves?rather than the negative effect they seem to be basing this lawsuit on?

Possibly could have lead to renewal of stoke for Warren Miller Films, or younger kids deciding to check out their older films = actually good for WME....

thoughts?
 
only in america can you can be sued for using someones voice, who gave full consent for its use, over some film footage - its warrens' voice - -he can use it for whatever he wants!
wme are just pencil pushing dicks who know fuck all about any snowsports and they should just get real and FUCK the hell off!!
ps i will for defo get the new level 1 flick this year - looks ILL.legit and it will send a middle finger salute to the office bound square bears who are trying to get Level 1s' shit shut down!
 
I def checked there site the other day purely cos of this, i now knw i def wont check the movie though.
 
So does this mean that my copy of Refresh will be postponed from arriving in my mailbox at the normal date? Say it isn't so...
 
Holy Shit... When i read WME, I immediately thought we were talking "William Morris / Endeavor" and i was thinking music rights, in which case JB would be totally fucked. But Warren Miller Entertainment licensed Warren's name and isn't even run by the guy.
It's a subsidary of Mountain Sports Media, which is in turn a subsidary of Time4 Media, which is a subsidary of AOL/TIME WARNER.
^fuck, that's sloppy, but at least it's not disney.

Here's contact info for Warren Miller Entertainment:
Bailey Pryor - Head (Production)[/i][/b]
Warren Miller Films
2540 Frontier Ave.
# 104
Boulder , CO 80301
United States
phone #1 : (303) 442-3430
 
Josh it's bigger than that IMO.. Warren Miller seemed to always explain the reasons why he did what he did in his films. Honestly, I would get tired of hearing from him how great skiing was, because I was stuck in some flatland penniless. The resounding thing that sticks in my mind is that he loves skiing and didn't care the next nickle, as long as he could continue to ski and capture the essence in skiing.

In other words, when I hear the name Warren Miller, I think about doing the things you love as much as you can, never working a day in your life, having fun, encouraging others to get out and give it a try.

My point is, this action against Level 1 is something 100% opposite of what Warren Miller the person has embodied/embraced in his decades of coverage.

Therefore, it is as if:

Warren Miller Entertainment is falsely advertising itself by using the name Warren Miller as if they represent the persona of Warren Millers embodiment when in my eyes, I feel it is the complete opposite.

I think I will start by filing a complaint with the Better Business Bureau on how I feel mislead and duped the previous 6 or 7 years into buying WME products.

 
Yes , absolutely.. Sitting in Montreal and watching Refresh amongst a thousand 15 to 22 year olds, I came to the realization that they all were likely being introduced to the Real Warren Miller via the Level 1 film for the first time and that the Montreal crowd would get a lot of humor out of hearing Warren make fun 20 years ago about the same stuff the NS'ers make fun of today.

I wonder if the NS crowds knows for example that tanner Halls first appear was in a film by Warren Miller, I mean he recognized something way back in Tanners latter mogul days - correct me if I am wrong
 
I remember that, he had some crazy hair back in the day. Warren Miller was definitely the first ski movie i ever saw and owned.
 
saw that tanner footy and was like WTF he was such a youngun in it haha

but FUCK WME, this is such bullshit

i hope level 1 doesnt get fucked here, i think i read earlier that WME owned the rights to Millers voice
 
exactly!I haven't been able to see Refresh yet as i am in NZ but certainly, hearing that Warren Miller was in a Level 1 flick...Holy shit!Street cred for Warren!

It is a disappointment that WME could not behave like sensible people, sit down and have a logical discussion with Level 1 and Warren to discuss possibilities and opportunities that this would have for future projects.

Perhaps I am being naive.

After hearing of the crowd reaction to Refresh, I find it ironic that the instant Warren Miller (the person) breaks through to a new demographic of younger skiers(and essentially this is a direct correlation to Warren Miller Entertainment, given the association), WME 'freaks out' and has the wrong reaction, effectively cutting off that demographic altogether.
 
I've crossposted this as an article on slashdot.org and linked to here and to the lawsuit. Hopefully, that gets some attention.

I'll make a point to tell everyone to see Level 1 and avoid this years WME flick like the plague (not that I watch WME garbage normally)

Screw WME!
 
Nicholas KallasFUCK WARREN MILLER ENTERTAINMENT.

WARREN MILLER THE PERSON DOES NOT SUPPORT ANYTHING WME DOES, HE FUCKING HATES IT.THEY ARE SUING LEVEL ONE PRODUCTIONS, A REAL SKI MOVIE PRODUCER THAT DOES NOT USE OTHER COMPANIES SHOTS LIKE WME, WARREN MILLER HIMSELF NARRATE LEVEL 1 PRODUCTIONS MOVIE REFRESH THIS YEAR SO IF YOU WANT A REAL SKI VIDEO WITH A INDUSTRY LEGEND NARRATING IT, NOT USING PRE RECORDINGS THAT WME USES EVERY YEAR BECAUSE THEIR NAMESAKE REFUSES TO NARRATE THEIR SHITTY MOVIES, BUY REFRESH RIGHT NOW. THEIR REPUTATION IS GOING DOWN THE SHITTER MORE THAN IT ALREADY HAS.

SINCERELY,

a skier.
 
I actually dont know what to say about this. I just cant believe people could do that to Level1. THIS JUST PROVE TO ME THAT WME WAS ONLY DOING IT FOR THE $$MONEY$$ AND DIDNT CARE AT ALL TO SKIING AN TO THE LOVE OF THIS SPORT.

WHich is completely the difference with berman. BERMAN IS THE MAN. Im ordering myself 2 COPY OF REFRESH right now. FUCK YOU WME. LEVEL 1 is here to stay buddy.
 
There are 3 groups related to WME I have posted several times today all deleted.

My latest ones are along the lines, you have an obligation to tell your fans that you are suing warren miller himself in a roundabout way.

 
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