Denver, CO – A court judge in Colorado this week dismissed a lawsuit between ski film makers Warren Miller Entertainment (WME) and Level 1 Productions arising out of Warren Miller’s appearance in Level 1’s 2009 film, Refresh, after both sides agreed to pay their own legal fees.nIn 2009, WME sought civil damages for trademark infringement and attorneys fees for Miller’s appearance in Refresh. It also sought injunctive relief to prevent Level 1 from using Miller’s name in promotional materials, and to force Level 1 to remove any appearances or narration by Miller, now 86, from the film. U.S. District Court Judge Marcia Krieger in September 2009 denied WME’s motion for a restraining order to prevent further screenings of the film.

Warren Miller sold his filmmaking business in 1988 to a predecessor of WME, which is now owned by Bonnier Corporation. According to court documents, WME entered into an agreement with Miller in 1995 granting WME exclusive use of Miller’s name, likeness, voice and endorsement. 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.

Miller subsequently filed a motion to join the lawsuit, which was placed on hold pending the outcome of arbitration between Miller and WME over contract agreements. That arbitration was adjudicated in October 2010, when it was determined that Miller’s voice, likeness and personality could not be used in ski films other than those produced by WME. The arbitration panel reaffirmed that WME owns the rights to Miller’s name as it pertains to ski films and magazines only and 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.