Boulder, CO – Warren Miller’s voice, likeness and personality cannot be used in ski films other than those produced by Warren Miller Entertainment (WME), a Colorado arbitration panel has decided.nThe decision issued last week brings to a close arbitration proceedings between Miller and his namesake company, with which he has not been directly involved since selling the business in 1988 to his son, who subsequently sold WME to Time Inc. and has been owned by Bonnier Corp., publishers of SKI Magazine, since 2007. WME entered into an agreement with Miller in 1995 granting WME exclusive use of Miller’s name, likeness, voice and endorsement.
It is yet unclear, however, what effect the decision will have on Warren Miller Entertainment’s lawsuit against independent ski filmmaker Level 1 Productions which spurred the arbitration. Miller, now 86, appeared in Level 1’s 2009 ski film, Refresh. Warren Miller Entertainment sued Level 1 in September 2009, seeking damages for trademark impression and an injunction to stop screenings of the film, which was denied.
Notably, however, WME did not name Miller himself as a defendant despite the fact that he apparently agreed to appear in Level 1’s film. Instead, in late September 2009 Miller filed a request with the court to join the case. WME subsequently asked the court to place the lawsuit on hold while it proceeded with arbitration with Miller over the 1995 agreement.
In the arbitration action, which was limited to the dispute between Miller and WME and did not involve WME’s dispute with Level 1, the panel reaffirmed that WME owns the rights to Miller’s name as it pertains to ski films and magazines only. The panel denied WME’s claim for breach of contract against Miller, as WME could not prove that Miller’s appearance in Refresh caused any harm to WME.
“Warren Miller Entertainment received a favorable ruling in an arbitration that sought to clarify rights surrounding the Warren Miller brand,” WME acknowledged in a prepared statement. “The arbitration award, issued October 6, reaffirms WME’s exclusive rights to the name, personal endorsement, voice and likeness of Warren Miller — rights that WME purchased from Mr. Miller in agreements dating back to the sale of his film company to WME in 1988.
“WME has nothing but respect for Warren and his accomplishments,” the company’s statement continued. “We at Warren Miller Entertainment have always had one objective — to protect and honor the iconic Warren Miller brand. The arbitration decision preserves WME’s rights to do so.”
Warren Miller himself issued a statement yesterday in response to the arbitration outcome, drawing the distinction that WME owns his persona only with respect to ski films.
“It was worth standing up for what is right and I am glad the panel found that I did not breach any contract,” said Miller. “For WME to say or imply that they have exclusive rights to my name, personal endorsement, voice, and likeness for all endeavors is both legally false and totally absurd. I have not been involved with my old company’s films in any capacity for many years now and I will not work with WME again.”
Miller took the occasion to announce the re-launch of the Warren Miller Company, an organization first formed more than two decades ago to represent Miller’s professional and philanthropic interests that, among other things, helps to support young entrepreneurs.
“Now that the arbitration panel has reiterated that Warren is free to use his own name, likeness, voice, and brand in anything outside of ski movies, we are renewing and accelerating development of several ground-breaking projects within the ski industry and beyond,” said Colin Kaufmann, Warren Miller Company CEO. “While it is unfortunate for Warren and for his fans that he will be unable to participate in ski films for the foreseeable future, we are excited to move forward with Warren to re-connect with many generations of friends and fans to foster his genuine legacy.”
To do so, Miller will embark upon the “An Evening with Warren Miller” event tour in which Warren will personally re-connect with audiences in select U.S. cities through an open discussion about his uniquely entertaining life experiences, followed by Q&A.
“I am reinvigorated and flattered by the outpouring of support from skiers and friends all over the world and can’t wait to see everyone again,” said Miller. “I am excited about the future, especially now that ski season is just around the corner.”