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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.
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."
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.
