Tuesday, Setpember 29 Update
Read our
full, in-depth coverage, updated today.
Monday, September 28 Update
As of Friday, September 25, Warren Miller—the person, not WME—has joined the party by filing to include himself as a “third party intervenor.” Miller is effectively supporting Level 1, stating the the lawsuit is misdirected and the case at hand is between him and WME, not Level and WME.
Full details of this and a ton more information is on the way shortly.
Past Updates
Rumors have been flying around the ski industry for several days, but on Monday it became official: Warren Miller Entertainment is suing Level 1 Productions for trademark infringement due to Warren Miller’s participation in the new film “Refresh.”
As the case is just getting started, information is limited right now, but there’s a good recap of what’s going down at Examiner.com.
And another good one at The Denver Post.
When more details become available, or parties are available for comment, we’ll let you know.
3:50 PM Update:
Level 1 Productions Founder and President, Josh Berman:
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.
-Josh Berman
09/24: Warren Miller Entertainment
Freeskier has received a statement from Warren Miller Entertainment.
BOULDER, CO (September 23, 2009)—On September 21, 2009, Warren Miller Entertainment (WME) filed a lawsuit against Level 1 Productions seeking to stop Level 1’s intentional misuse of WME’s registered trademarks to promote its latest film release.
Beginning with the pioneering work of ski and film icon Warren Miller, and for the last 20 years under WME’s stewardship, WME has invested significant resources in the development and preservation of the Warren Miller brand. The careful and creative use of that brand, and the annual Warren Miller ski films that form the centerpiece of WME’s business, have played an integral role in establishing and defining the ski film industry. Under the trademark laws, but even more critically under a common sense of fairness, WME believes it imperative to retain control of the use of the Warren Miller brand.
WME will continue its longstanding support of the ski film industry and its affinity with the community of outdoor enthusiasts, and assures its fans and followers that the regrettably necessary legal steps taken will not adversely affect WME’s support of, and collaboration with, independent film companies and filmmakers.
Update September 25
Denver Post writer Jason Blevins has
a little more info this morning.
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WME needs to let this alone. They are the ones who cut Miller out of production… rumor has it they told Warren that he needed “voice” lessons. Nothing against Mosely or WME but to try to limit an icon in the industry that he helped create is the ol’ “cut your nose off to spite your face” I’ll boycot this year. Pray for Snow.
Bonnier Corporation which is the parent corporation doesn’t care for anyone or anything, I have sat in on Meeting with them about some copyright issues and distribution, but their whole ideal and way of business is as cut throat as they come. You look at their brands they own everything from Transworld Media, to Yachting Magazine. Everything that they now own and the content was founded on the passion of each individual sport, Lifestyle or discipline Could careless about it. They WME does have the rights but in this circumstance they should let it be. If anything it was the equivalent to be using it as a sample such as Girl Talk or Other Artists.
I am not sure what I can do to help but if there is hit me up.
Fuck Warren Miller Entertainment. There movies are too slow and so fucking boring sometimes. They suck! long live Level 1!
Apparently no one at WME understands the internet. By virtue of it, this suit is going to do much more damage to their brand than protection and simultaneously provide more (free) exposure for Level 1’s film. WME is right that this may not affect their support of independent film companies and filmmakers, but it’s sure as hell going to affect the flip side of the coin. Just watch the backlash as every sensible person in the industry turn comes out against them.
I’m not sure if that is copyright infringement or not but it sounds like there might have been some minor oversights on Level 1’s part. However, what I do know is last year I went to last year’s Warren Miller Entertainment film and Jason Biggs was in it for like 15-20 minutes. Jason “I stuck my cock in a pie and now I’m famous” Biggs. What a hilariously bad ski movie.
WME should follow its namesakes advice.
“If at first you don’t succeed, failure may be your thing.”
The irony in all this is if they are so protective why aren’t they bringing suit that includes Warren Miller himself? Did a non-compete clause expire? If there was and it has expired. It’s easy to understand copyright and use of previous material owned by WME. WME trying to control a persons future physical characteristics as a trademark (in this case, voice) without a previous agreement doesn’t make any sense. It almost seems like they think they are entitled to what appears to me as some type of enslavement.
Google is amazing “trademark voice” turns up little if not anything.
READ THE INSTRUCTIONS IN THIS THREAD:
http://newschoolers.com/web/forums/readthread/thread_id/485021/
WTF
!! One ski film company is suing another because its name sake that they themselves chased away is in another movie. What happened to ski films that were made to create stoke? My skiing passion started with WME and then I discovered Level 1. Why do they have to fight?
wme can suck my dick, this is the stupidest shit to go down since gene simmons fucked over the line anthem
Dude. WME is stupid for trying to sue Level 1. Warren Miller started the company and he should be able to do what he wants. I think it’s cool how he is all for the new stuff that is going in skiing, but WME crossed the line when they tried sue another ski filming company for including one of the biggest names in the industry in a movie.
FUCK WME(No Offense Warren) Stay strong Level 1. This is fucked up.
It was a sad day when Warren Millers voice left WME. Now it is a sad day that WME wants to sue L1P because they used a clip of the Greatest Person to advocate skiing to the masses. I have skied for fifty years this December. It was a Warren Miller Film shown in Spokane that inspired me to start skiing. Last years WME film was my last as it is not the same without Warrens’ voice.
Hopefully Level 1’s corporate insurance covers this suit, though its call for attorney recommendations suggests otherwise as the insurer usually selects counsel. The good news for Level 1 is that the TRO – which was probably a long shot – was denied. A TRO preventing Level 1 from screening the film might have been fatal, especially if it borrowed to make this year’s film and was counting on revenue from the tour to repay its note. The bad news is that Level 1 is looking at an expensive lawsuit against an opponent with much deeper pockets.
How WME proceeds and looks to shape the settlement will show whether it is really just looking out for its investment or simply trying to shut down a competitor. I think the later would troubling in an industry where fortunes – well at least a living – rise together, encouraged by healthy competition.
All I know is that when you drop the person that made the product what it is today, down the tubes goes the rest of the company. Warren Miller I bet never had this in mind when he created Warren Miller films, to capture the attention of others to a great and fun sport. All I can say is that Warren Miller films will NEVER be the same without the MAN behind the Mic. As for myself I think I will enjoy the past films with Warrens voice leading the way and no offense to the new voice but you just are not the same. If something were to have happened that he was not able to continue then that would be a different story, but as we can see Warren is not ready to hand off the mic to another just yet, so step off and let the man that has done so much for the sports continue until he is ready to be done. PEACE