WME vs. Level 1 lawsuit details

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.

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.

I wonder what Warren himself would have to say about all this.

wow. only in america.

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.