Warren Miller Entertainment Suing Level 1 Productions

[oftpiste]

gotta wonder how warren felt about his son selling the company.....

[jump]

I don't think there is any doubt that he was quite bummed about it, but he did still work with them for a few years. As he has said before, it was never about money for him, but about his love of sharing the skiing experience.

[leroy jenkins]

Everyone posting in this thread about how you're going to boycott all bonnier copr. publications, and make a point to support level 1 because of this, take a moment to let the douchebags at bonnier know that.

Max.Bervy@Bonniercorp.com

That's the executive producer for WME.

[Core Shot]

At the close of “Refresh,” Miller uses a variation of one of his famous lines and tells Level 1’s young audience — raised on the rail slides and big-air jumps of modern terrain parks — that

“If you don’t do a double-cork 1260 this year, you’ll be one year older when you do!”

that is awesome.

good on WM for jumping into the lawsuit with his own paid lawyers.
standup move.

[mmmthmtskier]

gotta wonder how warren felt about his son selling the company.....

"1983 when, after producing over 500 films, I went into partnership with some fellows who were well known for their concert tours and who thought they could make my tour more efficient. After five years of that, I was pretty sure that they didn’t understand the uniqueness of the business I’d developed because they wanted me to take a couple weeks of voice lessons. The one thing that so many people say is unique about me is my voice, and they wanted to change it. I guess they just didn’t get it.

When I balked at that, we each sold our halves of the company to my son Kurt who I thought would be able to carry it on as it was established and grew. I was tired by then and thought I’d put a year or two into helping Kurt get started by continuing writing and narrating the annual film and then retire.

That didn’t happen. It was obvious that the film still depended upon my voice and involvement though I did try to retire once in ‘95, then again in ‘98. But I’d lost the authority to direct the film in the established way in which it had evolved so successfully. It just worked.

Kurt then sold the company to Time Warner and though they continue the film today, and though the company still bears my name, it is no longer my film. My last involvement was minimal during the film called Impact. In the 2005 film, Higher Ground, they use a bit of my old narration out of old films to try to keep with tradition. While you may believe I actually narrated Higher Ground, I did not. I'm sorry about that, for all you wonderful and loyal film-goers. Thanks so much for your loyalty (and for helping me with my lifestyle!). Because of you, I've had a wonderful life. And realize that when you love what you do, you'll never work a day in your life. My life is a good example of that."

Warren Miller

[The Dad]

So, being a good lawyer, I went and downloaded the complaint and attached agreements. Unfortunately, the file size limit for PDFs is 100kb, or I'd upload them. Not sure why it's not the same as the 1.43mb limit for JPEGs.

[Ccard257]

can you print it to a jpeg or print it and scan it to a jpeg and upload that?

[oftpiste]

Anyone know who the concert promoters were that he went into bidness with?

[skiberly]

...It was obvious that the film still depended upon my voice and involvement though I did try to retire once in ‘95, then again in ‘98. But I’d lost the authority to direct the film in the established way in which it had evolved so successfully. It just worked.

Kurt then sold the company to Time Warner and though they continue the film today, and though the company still bears my name, it is no longer my film. My last involvement was minimal during the film called Impact. In the 2005 film, Higher Ground, they use a bit of my old narration out of old films to try to keep with tradition. While you may believe I actually narrated Higher Ground, I did not. I'm sorry about that, for all you wonderful and loyal film-goers. Thanks so much for your loyalty (and for helping me with my lifestyle!). Because of you, I've had a wonderful life. And realize that when you love what you do, you'll never work a day in your life. My life is a good example of that."

Warren Miller

I remember being so disappointed the year I heard someone else's voice narrating his film. I know many people think of Warren Miller movies as pretty cheezy, especially since the advent of other filmakers like TGR and MSP. But despite this I've faithfully carried the torch for Warren, I grew up on his films back east, and I've been to every premier in the last 12 years in either Bozeman or Boulder. His voice is truly synonymous with my memories growing up as a skier. Warren the Man deserves a shit-ton of respect, jeebus the guy revolutionized our sport! He brought it to the big screen. He lived it, breathed it, slept in parking lots for many years for it. Shit, he even had a sense of humor about the gapers!!!!! He was, and hopefully still is, the real deal.


This year........... shit man. I just can't give those WME bastards my twenty bucks.

[The Dad]

can you print it to a jpeg or print it and scan it to a jpeg and upload that?

48 pages total. Sorry, mang.

But I did look closer at the complaint and figured some shit out. Then I posted it on Epic. But I figure I should put it here too.

Trademarks identify goods and services. WME's trademark registrations do not include Warren Miller's voice or likeness, just the word mark "Warren Miller" as the mark is used to identify motion pictures, travel services, and online services.

To prevail on its trademark claim, WME "must prove that considering the marks in their entireties, the public is likely to confuse [it] and [Level 1] as the respective sources of" the movies. John R. Thompson Co. d/b/a Holloway House v. Holloway, 366 F.2d 108, 112 (5th Cir. 1966).

From what I see, the uses that have been identified create zero confusion that WME is the source of, or has endorsed, Refresh. Rather, the claim appears to be that they create the impression that Warren Miller -- the person -- has. The problem for WME is that trademark law doesn't prevent Warren Miller from doing so, so long as there's no confusion with WME.

Now, Warren Miller may be under a contractual obligation not to endorse or create other movies. But that's not in this case, because WME sued only Level 1, not Warren Miller, and they've asserted only a trademark infringement claim.

Had the movie been called "Warren Miller's Refresh" or the like, it would be a different case. On the facts as pled, however, I can't see them prevailing.

This has been an IP geek moment.

[mtskier]

i bought refresh soley because of this thread and i just watched. i hadn't heard warren's voice in years. it was great to hear and it really took me back.

i'm not much for jibbing, but the opening segment is the best urban i've seen.

AK and France segs were sick.

i had never heard of duncan adams. now i know.

"why finland? because the US just got boring. let's go half way around the world to shoot hand rails."

wiley finished it off stroooong.

[hutash]

I just want to point out a major difference between Newschoolers and TGR, in case no one noticed...

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.

...we all know kicking some one in the balls is the correct response.

I hope Warren fucks these guys good. They deserve it if, for no other reason then they publish "Ski".

[Huckin eh?]

I'm boycotting and I'll be encouraging others to do so in my town when the film plays.

[Shadam]

Warren will go down in history, skiing folk law. Everyone of mature years grew up on his films and humour, and its disapointing to see his name is now just a money grab.
rock on Warren, thanks dude ...

[mee49f]

[TGRVIDEO]841230[/TGRVIDEO]

Figured I'd post this here as it is relevant to the discussion. Last Saturday at the King Cat Theater in Seattle Swift.Silent.Deep showed alongside Level 1 Productions' Refresh. Warren Miller was there. The man is featured in both films. It was pretty cool to have three generations of ski film makers under one roof and really shows Warrens commitment to the sport and art of ski cinematography.

[The Kids Are Alright]

very cool.....

[gunit130]

I watched Refresh the other day... sick ski movie. Warren Miller's voice actually made it happen. Put a whole new perspective on skiing for me-- past, present and future.

[LightRanger]

WME won in arbitration with Warren Miller:
http://sports.espn.go.com/action/fre...y?id=5663173&a

[hutash]

Fuck WME!

Their films suck too!

[PNWbrit]

Fuck Warren Miller for thinking he could sell himself but still retained ownership/rights of his ski commentary persona.

He shouldn't have put a young film maker in that situation. Level I probably should have been more careful - it wasn't exaxctly secret that he'd sold his shtick.

Ulitmately though WME probably lost more than they've gained persuing the litigation in quite this way.

[skiberly]

Bummer to hear.

[agent j]

Fuck WME!

This.

I hope WME loses lots of customers over this. Fuck them.

[Wibby]

Warren the Man .....He was, and hopefully still is, the real deal.

Mr Warren Miller is still very much the real deal. Shook his hand yesterday and honored to have been in his presence a few times in my life. I give Warren Miller complete credit for my interest in being involved with ski media.

[Caucasian Asian]

I hope this doesn't sink Josh Berman.

[huckasoreass]

I hope this doesn't sink Josh Berman.

I hope not either. If they're smart at all, they've realized the negative shitstorm they've started and they'll walk away with all of their rights to Warren and let this all die. If they continue going after Josh, they are absolute idiots (well, they did use a photo from an exclusive MSP shoot for their cover and poster of Children of Winter a couple of years back, so their ineptness is already all too clear).