Warren Miller in new movie. And they get SUED!?

[tcharron]

Warren Miller is in the new Level 1 Productions movie, "Refresh"! Shweeeeet!

http://www.skinet.com/skiing/blogs/2009/09/level-1-productions-refresh-world-premier-denver-co

And now, for the bad news. Warren Miller Entertainment is SUING Level 1 for having.. Wait for it... Warren Miller in the movie!

http://newschoolers.com/web/forums/readthread/cat_id/1/thread_id/484817/page/2/

That's just sad.

 

[tcharron]

The more I read about this, the sicker I get.

They're suing them because they claim trademark of Warren Millers *VOICE* in the film.

 

[bvibert]

Wow, that sounds pretty messed up. Certainly not inspiring me to run out and see or buy the next Warren Miller flick..

 

[tcharron]

Wow, that sounds pretty messed up. Certainly not inspiring me to run out and see or buy the next Warren Miller flick..

Warren Miller Entertainment no longer has *ANY* member of the Warren Miller family associated with them. The judge basically threw out their temporary restraining order and let the movie continue to be shown. But the lawsuits still there. But was involved in this movie as an individual, not as Warren Miller trying to compete with Warren Miller Entertainment. And they don't DARE sue him.

 

[riverc0il]

Wow, that sounds pretty messed up. Certainly not inspiring me to run out and see or buy the next Warren Miller flick..

I have been saying this for years. The folks that run WME have had nothing to do with Warren Miller for a long time. This shows that not only does WME and Warren Miller have nothing to do with each other, but that WME is hostile to Warren Miller continuing his work in film. I am sure Warren Miller got paid handsomely when he sold out and left his own company, but this sort of thing has to turn his stomach for sure. It certainly does mine.

Big thumbs down.

 

[tcharron]

I have been saying this for years. The folks that run WME have had nothing to do with Warren Miller for a long time. This shows that not only does WME and Warren Miller have nothing to do with each other, but that WME is hostile to Warren Miller continuing his work in film. I am sure Warren Miller got paid handsomely when he sold out and left his own company, but this sort of thing has to turn his stomach for sure. It certainly does mine.

Big thumbs down.

And then there's Warren turning around and starting a new foundation on how to start ethical companies. :-D

 

[jarrodski]

did you guys here about this?

http://www.huffingtonpost.com/jamie-starr/warren-miller-is-my-frien_b_298572.html

seems like WME doesnt aprove of what Warren Miller has been up to....

 

[tcharron]

http://www.huffingtonpost.com/jamie-starr/warren-miller-is-my-frien_b_298572.html

seems like WME doesnt aprove of what Warren Miller has been up to....

Yes, dup post. :-D

http://forums.alpinezone.com/63700-warren-miller-new-movie-they-get-sued.html

What I can't get is how they POSSIBLY think they have a leg. Warrens name isn't on the box. It isn't even mentioned ANYWHERE. If anything, they look like complete idiots. I personally have decided I'm not going to their movie this year over it, and basically provided that feedback alongside the billion other people complaining on their facebook page.

 

[tcharron]

Mods might want to merge the other thread that was started today with this one.

 

[snowmonster]

Another reason to skip on the WME offerings. Lots of other companies out there to get your ski movie fix (TGR's "Session," Matchstick's "In Deep," etc.) that offer a superior experience IMHO. Plus, this year, we have Edge of Never and Swift Silent Deep. That's a loaded pre-winter movie season even without WME!

 

[Glenn]

It's like Carol Shelby vs. The Cobra Club of America all over a gain.

 

[bvibert]

Interesting article:
http://community.freeskier.com/articles/article.php?article_id=4103

Good job by Warren in stepping up to defend Level 1. :beer:

 

[tcharron]

Part of me REALLY hope he nails them to the wall.

 

[tcharron]

Interesting article:
http://community.freeskier.com/articles/article.php?article_id=4103

Good job by Warren in stepping up to defend Level 1. :beer:

I actually started to update the Warren Miller Wikipedia entry, looks like it was originally crafted for WME. Let's see how long it takes until they start trying to undue changes.

Doesn't help that WME redirects to Warren Miller(director).

http://en.wikipedia.org/wiki/Warren_Miller_(director)

 

[skidmarks]

Strange

Skinet.com home of Warren Miller E (WME) reported about Level1 film like they were bystanders.

http://www.skinet.com/skiing/blogs/2009/09/level-1-productions-refresh-world-premier-denver-co

 

[tcharron]

Skinet.com home of Warren Miller E (WME) reported about Level1 film like they were bystanders.

http://www.skinet.com/skiing/blogs/2009/09/level-1-productions-refresh-world-premier-denver-co

Let's see the comment list go nuts.

 

[mondeo]

I'd actually be interested to hear a legal opinion on this. Like it or not, much of the IP value for WME is based on the history of films done by Miller, and his voice is strongly tied to that IP. A movie from Johnny Mosley Entertainment wouldn't get the same caliber talent, same number of premiers, freebies, or DVD sales as from WME, at least not off the bat. That's part of what Warren sold when he stepped away.

If I get a patent with my current company, and then switch companies, the new company doesn't get access to that patent. Miller's name and trademark voice are valuable to WME; if he starts doing voice work for any film company that wants to hire him, that diminishes the value of the IP that Miller sold off with WME.

Bad PR move, but quite possibly legit from a legal standpoint.

 

[tcharron]

I'd actually be interested to hear a legal opinion on this. Like it or not, much of the IP value for WME is based on the history of films done by Miller, and his voice is strongly tied to that IP. A movie from Johnny Mosley Entertainment wouldn't get the same caliber talent, same number of premiers, freebies, or DVD sales as from WME, at least not off the bat. That's part of what Warren sold when he stepped away.

If I get a patent with my current company, and then switch companies, the new company doesn't get access to that patent. Miller's name and trademark voice are valuable to WME; if he starts doing voice work for any film company that wants to hire him, that diminishes the value of the IP that Miller sold off with WME.

Bad PR move, but quite possibly legit from a legal standpoint.

You cannot patent a human. Trademark's, on the other hand. But based on that logic, Warren could never TALK again.

I believe this will get thrown out, and potentially be REALLY bad for WME. For one, based on the fact that they had a non-compete agreement, which has expired, provides evidence that it was understood they expected him to potentially appear in a competitors product. But since that agreement was put in place, there was a reasonable expectation that he may compete with them.

For two, Warren Miller Entertainment cannot use their trademark on the 'Look, Feel, and Sound' when it infringes on Warrens personal rights. Namely, his voice. His 'quips' could be considered part of the look and feel, but he does has a certain right to speech.

Additionally, they can't go after Warren Miller for using his name, or anyone quoting his name. Until lord voldemort tries to take over the wizarding world, you can't force people to refer to him as 'He who shall not be named', and they cannot claim trademark infringement against him.

 

[Hawkshot99]

I'd actually be interested to hear a legal opinion on this. Like it or not, much of the IP value for WME is based on the history of films done by Miller, and his voice is strongly tied to that IP. A movie from Johnny Mosley Entertainment wouldn't get the same caliber talent, same number of premiers, freebies, or DVD sales as from WME, at least not off the bat. That's part of what Warren sold when he stepped away.

If I get a patent with my current company, and then switch companies, the new company doesn't get access to that patent. Miller's name and trademark voice are valuable to WME; if he starts doing voice work for any film company that wants to hire him, that diminishes the value of the IP that Miller sold off with WME.

Bad PR move, but quite possibly legit from a legal standpoint.

The government can not prevent a person from working. Skiing is what Miller does for work, so he can not be prevented from doing that. Is there a specific patent on his voice? If there is then they can prevent him from talking in the film such as narrating. Miller also is allowed to use his name as he pleases.

I am not a lawyer, but this is the information I have gathered from talking to the owners of other lawn mowing companies that have employees. They make a employee sign a non-compete contract, but they are basically non enforceable.

 

[mondeo]

You cannot patent a human. Trademark's, on the other hand. But based on that logic, Warren could never TALK again.

No, Warren just can't lend his vocal talents to ski porn. Ski documentary (a la Steep, discussing the history of ski film making or something,) would probably be ok. But not ski porn. But Level 1 is using Miller's voice to connect their film to the history of WME, and derive profit from WME's previous films to the detriment of WME. That's where the trademark comes in. "In the United States, the test for whether a sound can serve as a trademark 'depends on [the] aural perception of the listener which may be as fleeting as the sound itself unless, of course, the sound is so inherently different or distinctive that it attaches to the subliminal mind of the listener to be awakened when heard and to be associated with the source or event with which it struck'." Also, "It should be noted that trademark rights generally arise out of the use or to maintain exclusive rights over that sign in relation to certain products or services." In my book, Miller's voice when applied to ski porn passes these tests.