Thread: Warren Miller Entertainment Suing Level 1 Productions

Originally Posted by trainnvain

I thought Kurt was controlling the company? No?

He sold it shortly after Warren put him in control to Time Warner (I believe) and it's changed hands a few times since then.

Shiity Monthly Mag Corp Inc or not perhaps Mr Miller should have read the fine print before agreeing to do a voice over that infringed the buyout agreement thus dropping core bro-brah ski movie company in this shitigation mess.

Perhaps Level 1 can counter sue him for not disclosing fact?

Yup - I am guessing WME (owned by Time Inc) probably paid several million dollars to Warren Miller (the man) for exclusive rights to the WM films.

Small guy stuck in the middle gets the shaft - and the only people who do well out of the litigation will be lawyers. Pretty typical of how big business works.

Originally Posted by MassAttack

"If they don't sue Level 1 this year..."

BWWWAAAAAAA

Conspiracy? If this becomes a court battle Level 1 will be the loser because of the lawyer fees even if they win.

Originally Posted by tex1230

WME is owned By Bonnier Corporation of Sweden -
nobody from the Miller family on the board there...

Bonnier is best known as the publisher of such fine magazines as :


American Photo
Babytalk
Boating Life
Boating
Caribbean Travel + Life
Cruising World
Destination Weddings
& Honeymoons
Field & Stream
Florida Travel + Life
Fly Fishing in Salt Waters
Flying
Garden Design
Home Ft. Lauderdale
Home Miami
Islands
Kiteboarding
Marlin
Motor Boating
NewBoats.com
Outdoor Life
Parenting
Popular Photography
Popular Science
QUAD: Off Road Magazine
Resorts & Great Hotels
Sailing World
Salt Water Sportsman
Saveur
Science Illustrated
Scuba Diving
SHOT Business
SKI
Skiing
SNOW
Sound + Vision
Spa
Sport Diver
Sport Fishing
TransWorld Business
TransWorld Motocross
TransWorld Ride BMX
TransWorld SKATEboarding
TransWorld SNOWboarding
TransWorld SURF
UsedBoats.com
WakeBoarding
Warren Miller Entertainment
WaterSki
WindSurfing
Working Mother
World Entertainment Services
World Sports & Marketing
YachtBroker.com
Yachting

Now where are those sister pics?

wonder how much a subscription to 'Motor Boating' costs... Think they have product reviews? A, B, C, D cup.

*edit*, i wouldnt be suprised if WME thought that the L1 film had quotes from previous WM movies which they have rights..where the L1 film actually had new quotes from WM.

Is babytalk pron? If so, anyone have a discount code?

Fuck WME

Originally Posted by From The Newschoolers Thread

So as many of you have already heard, yesterday our friend Josh Berman, from Level 1 Productions, was served a Lawsuit from Warren Miller Entertainment, (WME). This was not the "scare the kid with the camera by sending a letter threatening to sue him" letter......this was a 100 page Lawsuit filed in Federal Court for Level 1's use of Warren Miller's voice in their new film. As most of you know, the entire Warren Miller involvement was a secret that was not promoted in anyway, shape, or form. It was a surprise for the audience that allowed Josh to do something special for his 10th film. Josh did not seek out Warren, nor did he advertise his involvement in the film whatsoever.

Well, as some of you also may be aware, Warren has not been in a WME film in like 6 years. He hates the direction their films have gone and he wants nothing to do with them at all. They have been using his pre-recorded voice-over and old audio to make it seem like he is involved when in actuality he really dislikes the current WME company. Plus he wanted to get back at WME reconnect with his audience by working with Josh this year. (That alone makes Warren just that much cooler in my book by the way).
The lawsuit is a really serious one and they are coming after Josh for what they refer to as "irreparable damage" to their brand and they are also claiming that Josh is "misleading their audience" by advertising that he is making a Warren Miller Film. That is not even the tip of the iceberg of the outrageous and asinine claims that they are making in this lawsuit. After reading it you are overcome by both incredible laughter and a burning desire to punch someone right in the face as hard as you possibly can. Not only is the lawsuit absurd, but they actually called the Boulder Theatre and demand that they not play the film at the Premiere on Wednesday night due to the pending lawsuit. WME is already as clueless and as far removed as any company in action sports, but this puts them into far-reaching realm of idiocy in my book.
The best part about this is that they deliver the court papers yesterday and the hearing was this morning. So Josh gets this thing with about 15 hours notice and of course is understandably flustered, frustrated, and concerned (even though he did absolutely nothing wrong), and this morning the judge reprimanded WME for the completely ridiculous rush approach they took to try to catch Level 1 with their pants down, and removed the restraining order that WME tried to put on the Boulder Theatre demanding that they not play the film....yeah, WME actually threatened the Boulder Theatre with a lawsuit if they played the movie tomorrow night.
Now, the question is, do they really think that they know what "irreparable damages" are? The NS community is as strong (and idiotic) as any community of people on planet Earth. I am pushing for some serious pushback on them from us. Forget sanctions, no one here would ever spend a dollar on the current WME offerings (the old flicks were great and had some soul) so boycotting won't hurt them. I am talking about a full fledged, un-lubricated, assfucking of their brand and reputation. I am not going to give any specifics or recommendations for legal purposes, but you guys know how to really get a tidal wave started.

They have had a really difficult time reaching this demographic already, and I hope that word of this absurdity spreads to a larger audience.

Informative... just in case someone was wondering about the depths of WME douchebaggery.

Originally Posted by Stymie

Why? Is this important?

STFU JONG

Warren Miller was in the MSP film as well...hope they don't get sued too.

Sumimit. Don't you think it probable or even possible that when he sold his company he also willingly signed away the right to narrate future ski movies for other companies?

It does sound like they're just protecting the brand they paid handsomely(?) for.

An injunction at short notice, seeking unspecified damages and informing the venue is pretty standard. If anyone connected with Level 1 is found rallying internet forums to boycott a WME product in anyway that could get really nasty for them very quickly.

It's a pity that level 1 are in legal trouble though. Surprised they didn't ask more questions of Mr Miller or that he didn't explain the legal restraints he'd agreed to.

I'm sure Level 1 made a better movie.

http://www.examiner.com/examiner/x-4...fresh-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.

Level 1 calls legal action 'disappointing'

In a statement sent by e-mail Wednesday, Berman wrote, "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," Berman added. "It's 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 a temporary restraining order."

Representatives of WME have not replied to a request for comment on the case.

Just. wow.

I hope for the best, but this might be hard to argue against:

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.”


The complaint further states:

"For so long as the 'Independent Contractor Agreement' is in effect Warren Miller will not engage in any outside business activities that compete with WME or its sponsors. Warren Miller agress to submit any proposed agreements that could be deemed to be a conflict to WME for its written approval."

Another case of the small guy taking it in the ass. Of course, WME doesn't make a stink when their boy Warren is interviewed in Steep or Swift.Silent.Deep. As if Berman would be so idiotic not to ensure that everything they did was legal and within reason. WME sucks. Warren Miller, on the hand, deserves a high-five for endorsing Level 1 and the fun those guys are having on rails, jumps and mountains.

You were supposed to crop the sides of this pic, not the bottom!!!
Please try again!

Originally Posted by rideit

This thread needs some Shania.

Originally Posted by mtski11

Another case of the small guy taking it in the ass. Of course, WME doesn't make a stink when their boy Warren is interviewed in Steep or Swift.Silent.Deep. As if Berman would be so idiotic not to ensure that everything they did was legal and within reason. WME sucks. Warren Miller, on the hand, deserves a high-five for endorsing Level 1 and the fun those guys are having on rails, jumps and mountains.

Not so fast turbo,
Love level1 but questions that have to be asked in fairness ( can't assume, you have to ask)

1.Did Warren Miller disclose the details of his agreement in full to Level1.
2.Did Level1 review this agreement if disclosed and proceed nonetheless?

If 1) can't Level1 counter sue Warren Miller the person ( he has nice real estate in the San Juan islands)

If 2) and the agreement is a clear cut as presented above, then it was lack of judgement on Level1 part.

WME are still douche bags and I wont be going to see their shit this year.

Two can play at this game. If things get bad, perhaps Level 1 should just sell their identities, including voices and decision making skills, to someone else. End of story.

On a slightly more serious note, as f'd up as this is, it's sort of nice to know Warren the human is still cognitive enough to make decisions (even if they're bad decisions) and do voice over. If you saw the recent official WM films, you'd swear it was a Weekend at Bernie's situation and that he was either on his deathbed or in a semi-frozen state next to Walt Disney, hence all the weird pre-recorded voice editing. Nice to know he's at least alive and kicking.

That's a shame. Instead of supporting other production companies to benefit the industry they're being corporate d-bags. Too bad, seeing miller flicks has been a tradition for me since I was 10 and saw Vertical Reality.

These lawyers probably are not skiers. How could it be a bad idea to expose Warren Miller to more skiers. They will probably be more inclined to check out WME movies to see what Warren was about. On a side note my son watches ski movies closely. He commented that the Off the Grid trailer on sailing Chesepeak Bay had 7 scenes of Cordova in it. What is that about. Maybe other companies should quit selling them footage.

I heard there was going to be a picket line at his world premier? I say why not.

Originally Posted by PNWbrit

Sumimit. Don't you think it probable or even possible that when he sold his company he also willingly signed away the right to narrate future ski movies for other companies?

It does sound like they're just protecting the brand they paid handsomely(?) for.

An injunction at short notice, seeking unspecified damages and informing the venue is pretty standard. If anyone connected with Level 1 is found rallying internet forums to boycott a WME product in anyway that could get really nasty for them very quickly.

It's a pity that level 1 are in legal trouble though. Surprised they didn't ask more questions of Mr Miller or that he didn't explain the legal restraints he'd agreed to.

I'm sure Level 1 made a better movie.

Well, that seems to entitle them to sue Miller, not Level 1. Additionally, it sounds to me like it is an unenforcable noncompete. But IANAL

Pretty sure Jesse Jones works for Warren Miller Entertainment too...

Free Warren!!!!!

Originally Posted by Summit

Well, that seems to entitle them to sue Miller, not Level 1. Additionally, it sounds to me like it is an unenforcable noncompete. But IANAL

But Level 1 could be sued for something akin to tortious interference, no? They are at least guilty of poor due diligence, unless they were deceived by Miller in some way. Still, it seems on the surface that Miller should be the subject of the complain rather than Level 1.

Fuck WME. Fuck them up their stupid asses.

There are seriously magazines called babytalk working mother and parenting? Why the fuck would anyone buy a magazine called babytalk.