Subject: Chronological summary of trademark concerns (online facsimile)

Utah Filmmakers Association•Official Memorandum•Current Revision: 2023-02-18

On January 26, 2023, Warren Workman wrote a “public” social media post, the first sentence of which referenced having received a cease and desist letter from the Utah Filmmakers Association. This was accurate—yet, nothing was said about why he had received it. An important piece of contextual information that Mr. Workman could sidestep by falsely claiming that “It is their stance that the words ‘Filmmakers’ and ‘Utah’ are their property.” The hyperbole, speculation, and vitriol escalated from there, especially in the 400+ comments accrued over the next few days.

Mr. Workman presented himself as a victim—as if the letter was unprompted. While some additional details were shared in the comments, they were incomplete, often misleading, and also lacked important context and specific information that would completely undermine the narrative that was developing among the commenters. Mr. Workman and his wife and business partner, Dora—who both manage Workman Pro, LLC (“Workman Pro”)—added several comments that were simply untrue. Inaccurate speculation by commenters was not addressed, leaving readers to draw uninformed conclusions.

While the reasons behind anyone’s actions are often left to speculation, knowing who did what—and when—over the course of half a decade can shed light on the matters addressed in this memorandum. Throughout, references will be made to relevant sections of official UFA Correspondence and Memoranda, including the following documents:

Withdrawal of Sponsorship Proposal and Assignment of Assets

(Official Correspondence)
December 23, 2022 (“Withdrawal…”)

Utah Filmmakers Strategic Plan
(Official Memorandum)
December 23, 2022
(e.g. SP§1.0, SP§2.1, SP§3.2.1, etc.)

UFA Facebook management
(Official Memorandum)
December 23, 2022
(e.g. FM§1.0, FM§2.1, FM§3.2.1, etc.)

Utah Film Festival Sponsorship Proposal
(A ‘post-mortem’ analysis by Joseph Puente)
(Official Memorandum)
December 28, 2022
(e.g. PM§1.0, PM§2.1, PM§3.2.1, etc.)

Utah Filmmakers - Forum Moderator Review
(Official Memorandum)
“Meeting agenda for January 16, 2023” (“FMR”)

Dismissal as a Forum Moderator
& Community Liaison

(Official Correspondence)
January 18, 2023 (“Dismissal…”)

“Concerns about brand confusion”
(Official Memorandum)
January 22, 2023 (“Concerns…”)

“Progress Update”
William R. Kastner, MDiv, MSW, LCSW
February 6, 2023. (“...Update”)

1.0 It started with a trademark

(PM§6.0) December 16, 2022 • Utah Filmmakers/Workman Pro • Teleconference

Utah Filmmakers requested a meeting to address Workman Pro’s failure to communicate, following a preliminary agreement to use a domain name registered by the nonprofit organization on behalf of the Utah Film Festival. Mrs. Workman opted not to honor the original agreement and registered a new domain name without informing Utah Filmmakers of the decision.

Instead of discussing the matter that Utah Filmmakers wanted to address, Mr. Workman opened the meeting by referencing a 2018 Facebook message when he was informed by UFA Founder Joe Puente that the initials “UFA” were registered as a state-level trademark.

Mr. Workman related that “...learning about the UFA trademark led to the [unilateral] decision to rebrand the event, known at that time as the ‘Utah Film Awards.’”

A trademark registered four years previous by Utah Filmmakers was irrelevant to the purpose of the meeting, but—in hindsight—it did help to explain Mrs. Workman’s behavior, which was angry and hostile. She also accused Mr. Puente of malfeasance and “stalking.”

1.1 Holding a grudge for years?

Puente had been professionally associated with Mr. Workman since around 2011 but was unaware of who Mrs. Workman was before 2021, when he learned that she had blocked his personal profile on Facebook. Why she blocked him remained a mystery until the teleconference mentioned in §1.0.

It appeared that Mrs. Workman might have been holding a personal grudge against Utah Filmmakers—and Puente, in particular—for almost five years, ostensibly because of the costs associated with their choice to rebrand their event, perhaps inferring from a simple point of fact an expectation to change their brand. Knowing that this resentment seems to have been brewing for years offers some context to other actions by the Workmans.

2.0 Discussing a proposal in development

(PM§1.0) In early 2022, Puente informed Mr. Workman—a co-admin with Puente et. al. of the Utah Filmmakers Facebook group—that the Utah Filmmakers Association had purchased some assets on behalf of the Utah Film Festival. The intention was to donate the assets as part of an in-kind sponsorship proposal. Mr. Workman stated that Mrs. Workman was in charge of all matters relating to the festival.

Puente then brought up Mrs. Workman blocking him on Facebook and not knowing why. Mr. Workman claimed not to know anything about it and gave Puente Mrs. Workman’s personal email address—but Puente was hesitant to contact her, so he didn’t.

3.0 Domain names

(PM§1.0, §3.0) October 2022 • Workman Pro requests ideas for attracting festival sponsors

Utah Filmmakers offered Workman Pro managerial access to the UtahFilmFestival.com domain name—one of the assets referenced above—to use with their existing web servers at no cost or obligation. Something Workman had initially agreed to. The domain was already redirecting users to their existing website, “theutahfilmawards.com,” for about a year, courtesy of Utah Filmmakers. With the advanced DNS access granted to Mrs. Workman, they could have had a domain name that matched their event’s name.

3.1 A gift horse is worth looking for birds in a bush on the other side?

October 19, 2022 • Mrs. Workman asks for ownership of the domain to be transferred.

It is explained to Mrs. Workman that the domain is part of a sponsorship proposal discussed with Mr. Workman earlier that year and that she has access to all the tools needed to use it. Mrs. Workman did not respond and stopped all communication with Puente at that point.

3.2 The definite article costs extra

(PM§5.0) November 13, 2022 • Mrs. Workman registers “THEutahfilmfestival.com

Despite already incorporating “UtahFilmFestival.com” into some of their sponsorship materials, Mrs. Workman paid for a new domain name, instead of using the one offered by Utah Filmmakers at no cost. She did not inform Puente—as he still awaited a response to his last email.

4.0 Sponsorship proposal

(PM§4.0) November 14, 2022 • UFA submits in-kind sponsorship proposal to Workman Pro

An attorney, retained to write a final agreement, submitted the in-kind proposal on behalf of Utah Filmmakers which involved consolidating several Utah Film Festival-branded assets. Utah Filmmakers paid for this consolidation through its own resources, offering them to Workman Pro in exchange for recognition as an official event sponsor. As an in-kind sponsorship, there was to be no financial transaction, and Utah Filmmakers offered to manage any administrative costs associated with whatever the final agreement turned out to be since it was still just a proposal.

4.1 A little confusion

Having not understood the proposal and being dismayed at receiving it from an attorney unannounced, Mr. Workman contacted Puente with questions. Puente apologized for not reminding Mr. Workman about the proposal they had discussed earlier in the year, noting that he had referenced it in his last email with Mrs. Workman. Puente briefly summarized the proposal as an in-kind donation in exchange for sponsorship recognition. At the time, this seemed to assuage Mr. Workman’s concerns.

4.1.1 Mea Culpa

(PM§4.1) November 15, 2022 • Puente emails an apology to the Workmans for not giving them prior notice about the proposal being presented by a third party. There was no response.

4.2 “Filmmakers Utah” (only it’s a secret)

(PM§4.2) November 15, 2022 • Mrs. Workman registers “filmmakersutah.com.” She also set up a new Facebook page and a corresponding group titled “Filmmakers Utah” and preemptively blocked Puente from both so he would not be aware of them.

4.3 Follow-ups, anxiety, avoidance?

(PM§4.3–PM§4.4) November 16, 2022 • Puente emails the Workmans again.

Having received no response to the “Mea Culpa” email, Puente specifically addressed what he perceived to be their most pressing concerns about the proposal. Again, there was no response.

November 17, 2022 • Puente contacts Mr. Workman

His anxiety over the situation considerably elevated over the importance of the proposal and the lack of communication in regard to it, as well as there being no changes made to the DNS settings on the domain name, which Mrs. Workman had already been granted access to, Puente asked for a personal reassurance from Mr. Workman as far as their friendship was concerned. The gist of Mr. Workman’s brief response: “We are good…”

4.3.1 What “The”?

(PM§5.1–5.2) Circa December 1–7, 2022 • Puente becomes aware of THEutahfilmfestival.com

4.3.2 Mental health effects

(PM§5.3)(“...Update”) The lack of communication from the Workmans continued to be stressful, intensifying Puente’s feelings of depression and anxiety. Puente’s wife observed that this was the worst depressive episode she had witnessed in her husband since they first met.

4.3.3 A discussion is needed

December 12, 2022 • Puente discusses the situation with his VA therapist.

After his therapy session, Puente emailed the Workmans, specifically addressing the matter he felt needed to be discussed—namely, Mrs. Workman’s decision to register a new domain name instead of using the existing one, as agreed. Again, there was no response.

4.3.4 More covert actions involving “Filmmakers Utah”

(PM§5.4) December 14, 2022 • Mrs. Workman registers filmmakersutah.org and filmmakersutah.net. Again, Puente was completely unaware of these actions at the time.

4.3.5 Scheduling a meeting

(PM§5.5) December 14, 2022 • The Workmans agree to a teleconference on December 16, 2022.

4.3.6 DBA “Filmmakers Utah”

(PM§5.6) December 15, 2022 • Mrs. Workman registers the DBAFilmmakers Utah

The “Registered Agent: Workman Pro, LLC.” Utah law requires that an assumed name “...shall be distinguishable from any registered name or trademark of record in the offices of the Division of Corporations…” Once again, Puente was completely unaware of these actions at the time.

4.4 That escalated quickly

(PM§6.0) December 16, 2022 • UFA/Workman Pro teleconference (§1.0 above)

Among her other false assertions, Mrs. Workman accused Puente of trying to take control of her business. Within that context, she asked Puente a supposedly hypothetical question, “How would you like it if I tried to register joepuentes.com?” (sic)

Mrs. Workman might as well have asked how Puente would feel if she tried to register something similar to “Utah Filmmakers,” which by this point—and still without Puente’s knowledge—she had already done in the form of “Filmmakers Utah.”

4.4.1 Questionable business practices come to light

(PM§4.2) December 21, 2022 • Puente becomes aware of “Filmmakers Utah” on Facebook

This was not the first time a Facebook group was set up to try and compete with the Utah Filmmakers group, especially those created out of spite. However, registering a domain name and multiple social media profiles to go with it was unexpected. This action was seen as grossly unprofessional and petty. To Puente, it also felt vindictive—but for what exactly, he wasn’t sure.

At the time, it did not seem worth the effort even to acknowledge it directly. However, it was also noted that the domain and Facebook profiles had existed for over a month! (FMR§2.1) That Mrs. Workman would try so hard to hide her actions from Puente might suggest that she knew what she was doing may not have been ethical, which informed the decision to withdraw the sponsorship proposal.

4.5 Walking away

(PM§7.0) “...the Utah Film Festival does not meet the professional and ethical standards that the Utah Filmakers Association strives for and encourages our members, associates, and partners to embrace.”

4.5.1 Proposal withdrawal and asset transfer

(PM§8.0) December 22, 2022 • Proposal withdrawn/Assets transferred

(“Withdrawl…”) Puente informed Mr. Workman about withdrawing the proposal in a cover letter that accompanied completed documentation to transfer all the associated assets to Mr. Workman, “...at no cost—expressed or implied…” The assets represented an investment in time, labor, and resources, approximating thousands of dollars. A receipt for a $70 check to cover administrative expenses was included.

5.0 Reboot?

(PM§9.0) December 23, 2022 • Puente requests confirmation from Mr. Workman

Mr. Workman confirmed receiving the letter and documents and then asked, “...Do you have a few minutes today to chat. Just me and you about what your goals are for Utah Filmmakers.”

5.1 Moving forward, showing trust.

(SP§1.1.1) December 23, 2022, • Puente shares a draft UFA Strategic Plan with Mr. Workman

The document—clearly labeled “CONFIDENTIAL” and watermarked with Workman’s name on every page—included the organization’s Mission Statement, which reads, in part, “...enabling community filmmakers to become working professionals by embracing the standards and best practices of the industry…”

5.2 Off to a new start?

December 23, 2022, • Puente and Mr. Workman discussed elements of the Strategic Plan.

5.2.1 What “The” (AGAIN!)?

December 23, 2022 • Puente learns about DBA “Filmmakers Utah” after the call with Workman

5.3 Conflict of Interest

(FMR§2.1) Circa December 23, 2022 • Puente learns that Mr. Workman is an Admin for the “Filmmakers Utah” group while already an Admin of the Utah Filmmakers group. This, coupled with the secretive actions taken by Mrs. Workman, created a potentially major conflict of interest—in addition to other infractions—violating the UFA Code of Ethics & Conduct.

6.0 Administrative decisions

(FM§1.0–§2.1) December 23, 2022 • Conflict of Interest concerns inform new UFA Policy

“Only legally recognized corporate principals of the Utah Filmmakers Association may be allowed continuous administrative access to the organization’s official Facebook page(s)... [or]...may function as Admins for the organization’s Official Forum, the Utah Filmmakers group on Facebook.”

December 23, 2022 • Per organization policy, UFA VP Mario DeAngelis changed Mr. Workman’s role from Admin to Moderator.

December 23, 2022 • Puente informs Mr. Workman that he is aware of the actions taken by Mrs. Workman in regard to “Filmmakers Utah” and suggests that they talk about it “sooner rather than later.” As per usual, there was no response.

6.1 Putting pieces into place?

Circa December 1–24, 2022 • Utah Film Festival group settings are changed to “Private.”

7.0 Chutzpah

(PM§9.1) December 28, 2022 • Mr. Workman posts in the Utah Film Festival Facebook group:

“My New Year's resolution is to grow this group by adding a regular stream of employment post for crew and cast (both in and out of utah) as well as resources to educate filmmakers on current best practices in our industry.” (sic) (emphasis added)

A phrase, quite similar to—if not partially plagiarized from—the Utah Filmmakers Association’s Mission Statement, which was included in the Strategic Plan, shared in confidence with Mr. Workman only five days earlier.

Apparently, Mr. Workman seemed to forget that Puente was a Utah Film Festival group member and could see his post. An oversight that would be remedied in the near future when Puente is removed and banned—without cause or warning.

7.1 Sewing seeds of confusion

(“Concerns…”) January 1, 2023 • Metadata manipulation in Utah Film Festival Facebook post

The post promotes the upcoming event, includes both “#UtahFilmmakers” and “#FilmmakersUtah,” and was subsequently shared in the Utah Filmmakers group.

Incorporating both “hashtags” into a single post could be seen as an attempt to associate the two terms within Facebook’s algorithms.

7.2 Trademark

January 2, 2023 • Workman Pro registers a trademark for “Filmmakers Utah (text only)

7.2.1 Gotta read the fine print

When applying for a trademark, the applicant must indicate if “...to the knowledge of the person verifying the application, no other person has registered, either federally or in this state, or has the right to use that mark:...(II) in such near resemblance to the mark as to be likely, when applied to the goods or services of the other person, to cause confusion, mistake, or to deceive…” (emphasis added)

In layman’s terms, they lied on their government application.

8.0 Addressing ethical concerns

(“FMR”) January 9, 2023 • Meeting scheduled for January 16, 2023, between Puente, DeAngelis, and Mr. Workman, with Jared Allabest in attendance as a mediator, to discuss resolving Mr. Workman’s breach of the UFA Ethics Code.

8.1 First-ever moderator review

From the agenda: “...What do we want to accomplish?

“...To maintain—and hopefully strengthen—our professional relationship with Warren.”

Mr. Workman expressed disappointment at losing his Admin privileges, denied any breach of ethics, denied quoting the UFA Strategic Plan in his group post, and violated the terms of the meeting by introducing an uninvited third party who started making legal threats.

8.2 Administrative steps taken

January 18, 2023 • Puente changes Mr. Workman from a Moderator to a Member of the Utah Filmmakers group.

January 18, 2023 • Puente submitted a formal dismissal letter to Mr. Workman from his obligations as a Forum Moderator and a Community Liaison for cause. Mr. Workman was informed that he was still a Member of the Utah Filmmakers Association under the Community classification, remained in the Facebook group, and was invited to continue using the resource to promote the Utah Film Festival.

8.2.1 Cutting off one’s nose to spite one’s face

January 18, 2023 • Despite being invited to remain, Mr. Workman, Mrs. Workman, and the Utah Film Festival page leave the Utah Filmmakers group of their own volition.

That evening Mr. Workman wrote on his personal Facebook profile, “...changing several of my online habits for a more positive life and leaving the drama for my movies…” (emphasis added) and blocked Puente on Facebook—in a manner ostensibly devoid of any drama.

8.2.2 I need another word for “Petty,” only exponentially more intense

January 18, 2023 • Mrs. Workman “Rejects” a UFA film submitted to the Utah Film Festival, ten days after the festival had ended but three years after it was first submitted, selected, screened, reviewed, and PROMOTED on the Utah Film Festival Facebook page.

8.2.3 After reinventing the wheel, why not try to reinvent yourself

January 18, 2023 • Mr. Workman shares a “VoyageUtah” interview on Facebook

January 19, 2023 • “VoyageUtahpulls the interview after receiving evidence that Mr. Workman violated their terms of service by misrepresenting himself in the interview.

9.0 Crossing the line

January 20, 2023 • Mrs. Workman announced their intent to charge for a service (A $100 screenplay workshop) provided by “Filmmakers Utah”—i.e. to profit by commoditizing their infringement on a trademark owned by a non-profit organization. It is this announcement that prompts the Demand to Cease & Desist.

January 24, 2023 • Mr. Workman deposits the $70 check from Utah Filmmakers (§4.5.1 above), confirming his acceptance of the assets under the terms defined in the cover letter.

January 26, 2023 • Workmans received the written Demand to Cease & Desist.

January 26, 2023 • Mr. Workman makes a “public” post on Facebook.

Much anger, speculation, and “drama” follow in the comments that are directly contradicted by the facts presented in this document.