Description:
October 9th, 2009
Colorado
The Ski and Snowboard Industry has been following the lawsuit Warren Miller Entertainment(WME) Vs. Level 1 Productions closely over the last few weeks. In September, WME filed a lawsuit against Level 1 Productions for their use of Mr. Warren Miller(the actual person that is Warren Miller) in their recent movie Refresh. In short, the lawsuit alleges that Level 1 violated the WME trademark and it's "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.”
Basically, Level 1 had Mr. Warren Miller narrate parts of their film via an interview that Level 1 shot with Mr. Warren Miller that was used in their film. WME alleges that this was an illegal use of Mr. Millers likeness. Mr. Warren Miller recently filed an iintervention to the lawsuit asking that he be named as a defendant. Mr. Warren Miller believes the case should be between himself and WME and not involve Level 1. Here is the official statement from WME on the decision to put the lawsuit on hold.
BOULDER, CO (October 4, 2009) –On September 21, 2009 Warren Miller Entertainment (WME) filed legal proceedings against Level 1 Productions (Level 1) for the use of WME’s registered “Warren Miller” trademarks to promote Level 1’s latest film. On September 25, Mr. Warren Miller filed a request with the Court to join the case. Warren’s filing made it clear that he misunderstands the earlier agreements with WME and the respective rights each party now holds. In regards to Warren’s claims, which raise broader issues than those described in the initial legal action against Level 1, WME has moved to put the Level 1 case on hold while it arbitrates or resolves the difference of opinion with its namesake and company founder, Warren Miller.
“Regardless of the current disagreement between WME and Warren, his legacy and accomplishments as a ski film pioneer can never be diminished or taken away. We continue to respect Warren for his contributions in advancing the sport and the ski film industry, and for providing the very passion and enthusiasm on which this company is based. We strive to capture that passion for ski and film in every project we touch,” said Max Bervy, managing director of WME films and 20-year company veteran. “The creative team that produces and distributes the annual ‘Warren Miller movie’ is a tightly knit family comprised of leaders in their respective skill sets within action sports film making, many of whom have been with WME for more than 20 years. That the annual film tour continues to grow and be cheered and applauded by hundreds of thousands of skiers and snowboarders each fall is testament to their dedication and their passion for the sport.”
More on WME's position can be found here.
Level 1's official statement on the matter, released last week:
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.
Too add to that;
"Over the past week, there's been an outpouring of support from the snowsports industry, athletes, and ski film fans across the globe," said Level 1's Josh Berman. "To see and hear what people are saying, its really validating, and I know I speak for everyone at Level 1 when I say it makes us feel like we're part of an amazing and special community. I can't thank everyone enough for the continued support!
Defending our beliefs is of the utmost importance, and we're doing everything we can to make sure we keep our heads up, but its not cheap. We've been contacted by a number of people who want to make donations and contributions to help offset our legal expenses, and have set up a Legal Defense Fund to give them an avenue to do it.
If anyone would like to support our cause, the best thing to do is to educate yourself on the situation, make informed decisions on your standpoint, and continue to discuss the matter freely, and openly. If you'd like to help us pay the bills, go check out Refresh at a local premiere, buy a DVD through the Level 1 website, or for those that really want to go above and beyond, they can make a donation through the Paypal link below, or send checks made payable to 'Level 1 Legal Defense Fund' to our office at:
Level 1
1121 Downing St
Denver, CO 80218
I stand behind everything that we've done, and feel that Level 1 will come out on top, and better, and stronger for having gone through this process. I feel very fortunate to have the support of so many in our industry" concludes Berman.
More info on Level 1 Productions can be found here.
There is also a great article diving into the matter on Freeskier.com. Freeskier's Warren Miller vs. Level 1 article
