Join the original Utah Filmmakers™ Association•Official Memorandum•Current Revision: 2023-01-16
Meeting agenda for January 16, 2023.
During a January 9 phone call between Mario DeAngelis and Joe Puente—in reference to the January 16 meeting between them and Warren Workman, with Jared Allebest present as a mediator, the following question was asked: What do we want to accomplish?
Answer: To maintain—and hopefully strengthen—our professional relationship with Warren.
Warren Workman is an excellent group Moderator, an effective Community Liaison, and his tireless efforts and those of his family have established the Utah Film Festival as a landmark event that motivates and inspires the local film community. We want to see Warren continue to serve in all of these capacities, actively engaging our group Members and social media followers with his entertaining and interactive posts, assessing the needs of local filmmakers, and continuing to promote the Utah Film Festival and its recurring community events. To that end, the scheduled meeting will address the following topics:
UFA™ Core Values and Code of Ethics & Conduct (“Ethics Code”)
UFA™ Moderator Responsibilities
Trademark Considerations
Conflict Resolution
1.0 UFA™ Core Values and Code of Ethics & Conduct (“Ethics Code”)
While not a legal document, the Ethics Code outlines expectations “regarding the decorum” of UFA™ Members. Similar to the rules for participation in the Utah Filmmakers™ Facebook group, it is informed by the organization’s Core Values of Professionalism, Integrity, and Respect, setting a standard to strive for in our work and strengthening our local industry. For UFA™ Members placed in positions of trust and recognition—including Forum Moderators and Community Liaisons—there’s an implicit expectation to be held to this standard. For our Principal Members and Associates, unequivocally committing to abide by the Ethics Code is a requirement.
1.1 How our Core Values inform Moderator actions in UFA™ forums
All rules for participation in the Utah Filmmakers™ group address problems that would not occur if the first rule of Professionalism were followed.
1.2 Referencing the Ethics Code (Enumerated)
Where matters addressed in this meeting conflict with the Ethics Code, reference will be made to the specific part of the code with which it conflicts by section and subsection—i.e. EC §1.0, §§2.2–2.4, etc.—and quotations of the relevant text.
2.0 UFA™ Moderator Responsibilities
November 15–December 14, 2022
A UFA™ Member (“Member X”)—identified through the email address they used—registered the domain names “filmmakersutah.com,” “filmmakersutah.org,” and “filmmakersutah.net,” the first of which incorporates a stylized logo with a design similar to that of the Utah Filmmakers™ Association—as well as other Utah-based organizations with comparable missions (EC §§2.1, 2.4, 2.6).
“Ensuring that one…does not exploit others, [or] their hard work… Avoiding unethical behavior…petty conduct…”
—Utah Filmmakers™ Code of Ethics & Conduct - §§2.1, 2.4, 2.6
2.1 “Recognizing & avoiding conflicts of interest”
November 15, 2022–December 22, 2022
The filmmakersutah.com website provides links to a “Filmmakers Utah” Facebook group (“by Filmmakers Utah”—a Facebook page), a “Filmmakers Utah” Instagram account, and a “FilmmakersUtah” Pinterest profile, each using the same derivative logo (Ibid.).
The “Filmmakers Utah” Facebook group included—at the time of the initial draft of this agenda—among its moderators, a CURRENT UFA™ Moderator (“Mod A”) for the Utah Filmmakers™ group as well as Member X and another UFA™ Member (“Member Page Y”). This presents a possible conflict of interest, as described in the UFA™ Ethics Code—more so for Mod A than the other members. Other UFA™ Moderators (“Mods B & C”) have been targeted and preemptively blocked from being able to see the “Filmmakers Utah” page and/or group, and a related Instagram account, effectively concealing their existence. Mod B has also been removed and blocked from a Facebook group associated with Member Page Y, which was being considered for an invitation to become an Associate Forum (EC §§1.6, 2.4–2.6, 3.6).
“Recognizing and avoiding conflicts of interest which may occur whenever one’s pursuits in a particular subject lead one to actions, activities, or relationships that undermine—or appear to undermine—one’s ability to make honest and impartial choices when performing one’s duties and harm the collective interests of a project or program…unethical behavior…Being honest and transparent when one’s actions impact others…Malicious, deceitful, or petty conduct….discriminatory or exclusionary behavior, or harassment toward others for any reason will not be tolerated.”——Utah Filmmakers™ Code of Ethics & Conduct - §1.6 2.4–2.6, 3.6
December 23, 2022
Mod A requested a phone call with UFA™ Leadership to discuss “goals…for Utah Filmmakers...” As a courtesy, a copy of the current revision of the UFA™ Strategic Plan—which included a confidentiality statement—was emailed to Mod A before their conversation.
December 28, 2022
Mod A made a post in the group associated with Member Page Y—for which they are also a moderator—declaring their intent to “grow this group” by essentially replicating what they already do as a member and moderator of the Utah Filmmakers™ group—and has since followed through on those intentions. Within that same post, Mod A plagiarized language from the UFA™ Strategic Plan—again, a document sent to them in confidence (EC §§1.6.1, 2.4).
“[Conflicts of interest] includes—but is not limited to—situations like using one’s position of authority, exploiting group resources for personal gain, or taking for oneself opportunities discoverable only through one’s position.”
—Utah Filmmakers™ Code of Ethics & Conduct - §1.6.1
January 1, 2023
The Member Page Y created a post that included, among several “hashtags,” both “#UtahFilmmakers” and “#FilmmakersUtah.” The page subsequently shared that post in the official Utah Filmmakers™ Facebook group, raising concerns about fostering confusion among members of the film community (EC §§2.6, 2.7).
“Malicious, deceitful…misrepresenting themselves…”
—Utah Filmmakers™ Code of Ethics & Conduct - §§2.6, 2.7
3.0 Trademark considerations
December 15, 2022
A Member X registered the DBA “FILMMAKERS UTAH” (13168687-0151) (EC §§2.8,3.1).
“Adhering to the highest ethical standards of business conduct and accepting responsibility for acquiring sufficient knowledge of—and making a conscious effort to comply with—all federal, state, county, and municipal laws…
“Being respectful of people, property, institutions…”
—Utah Filmmakers™ Code of Ethics & Conduct - §§2.8, 3.1
3.1 Understanding laws and regulations concerning Trademarks
The creation of an online presence and business entity with a name “Confusingly Similar” to an established trademark could be considered infractions on trademark statutes, including—but not limited to—infringement, dilution, cybersquatting, etc.
3.2 Infringement concerns
The public record identifies the Registered Agent and Applicant for the “FILMMAKERS UTAH” DBA, and the digital signature of one of its Principal Officers—Member X mentioned above—by name. Mod A is also listed as a Principal Officer and, as such, shares responsibility for the actions of their business, regardless of which principal put said actions into motion. The DBA declared its stated “Purpose: Promoters of Performing Arts, Sports, and Similar Events” which falls under the same NAICS category (Arts, Entertainment & Recreation) under which the Utah Filmmakers Association (8146802-0151) is registered.
The registration of the “FILMMAKERS UTAH” DBA may infringe on the Utah Filmmakers trademark (10706542-0190).
4.0 Conflict Resolution
Resolving the issues above will require understanding why they occurred in the first place.
“When disagreements occur—and they will—it is imperative that every effort is made to identify the underlying causes immediately and try to resolve them constructively.”—Utah Filmmakers™ Code of Ethics & Conduct - §3.5
4.1 Questions
The meeting scheduled for January 16, 2023, is not a legal proceeding, nor is it a deposition. Therefore none of the participants is being asked to testify under oath.
As friends, colleagues, UFA™ Members, and fellow Moderators of the Utah Filmmakers™ group, participants will trust that any questions asked during the meeting will be answered truthfully.
All participants should understand the following:
Stating a fact is different from telling the truth.
Being factual is different from being honest.
Withholding pertinent information is a lie of omission.
Mod A will be asked questions pertaining to their personal knowledge and actions related to the abovementioned matters at this time.
4.2 Options for amicable resolution
Amicably resolving the abovementioned legal and ethical conflicts will require specific steps to be taken.
4.2.1 Formal Request
Option A:
The simplest and least expensive course of action:
For the abovementioned legal and ethical conflicts to be considered resolved the Applicant, Registered Agent, and its Principal Officers (“Principals”), would need to take the following steps—and deliver written confirmation of same to Allebest Law Group PLLC—by the close of business, on Friday, January 20, 2023:
Cancel/dissolve the DBA “Filmmakers Utah” (13168687-0151)
https://100.21.44.141/wp-content/uploads/2021/09/dbacancelform.pdfDelete the “Filmmakers Utah” Facebook page
https://www.facebook.com/FilmmakersUtahDelete/Archive the “Filmmakers Utah” Facebook group
https://www.facebook.com/groups/filmmakersutahDelete the “Filmmakers Utah” Instagram account
https://www.instagram.com/filmmakersutahDelete the “Filmmakers Utah” Pinterest profile
https://www.pinterest.com/filmmakersutahDelete any—and all—other profiles, usernames, handles, channels, etc. on any other platforms, servers, websites, etc. that may have been created in connection with “Filmmakers Utah” but not listed here.
Delete all webpage source data from hosting servers associated with the following domain names, redirect the domains to UtahFilmmakers.org, and allow them to expire.
filmmakersutah.com
filmmakersutah.net
filmmakersutah.orgThe Principals, as members of the Utah Filmmakers™ Association, will agree in writing to abide by the organization’s Code of Ethics & Conduct.
The Principals will sign a non-disclosure agreement ensuring that these matters will remain confidential moving forward.
If all of the steps listed above are completed on time, no statement, apology, nor acknowledgment of any wrongdoing, intentional or otherwise, will be required from the Principals. Mod A may continue to serve the local film community as a Moderator in the Utah Filmmakers™ group and all parties involved may continue in their endeavors as they were previous to the events discussed.
The Principals are invited to seriously consider the fact that they already have access to the largest forum catering to the local film community and Utah’s film industry. It has served them well for years and continues to grow. There is no need to start from scratch. Please communicate to Allebest Law Group PLLC by 5:00 PM, Tuesday, January 17, 2023, their intention to comply—or not—with the steps listed above in this section (§4.2.1) of the Agenda.
4.3 Alternatives
Should the Principals fail to communicate by the deadline stated in §4.2.1 above or communicate their intention not to comply with the formal request, other courses of action for resolving the abovementioned matters may be considered.
4.3.1 Representative Intercession
Option B:
A written Demand to Cease & Desist prepared by Allebest Law Group PLLC may be dispatched to the Principals. Said dispatch will outline steps that need to be taken to avoid any further actions. Said steps will consist of those listed in §4.2.1 above. Written confirmation of the completion of those steps would be delivered according to the instructions and deadline provided. The Principals would be welcome to remain in the Utah Filmmakers™ Facebook group and continue to utilize it as a resource for their film-related endeavors, their benefit to the local community having already been noted. However, Mod A would receive a formal letter of dismissal as a volunteer Forum Moderator for failure to abide by an established Code of Ethics & Conduct, documented by the Utah Filmmakers™ Association, their digital credentials would be revoked, and their Google Workspace account and [ModA]@utahfilmmakers.org email address, as well as other benefits afforded to them, would be suspended.
4.3.2 Formal Determination
Option C:
If a written Demand to Cease & Desist is received by the Principals, and they should choose not to abide by its instructions, legal action may be taken to specifically address the documented contravention of the following statutes pertaining to Utah Code Title 70 Trademarks and Trade Names, Chapter 3a Registration and Protection of Trademarks and Service Marks Act.
70-3a-309. Cybersquatting.
“(A) in the case of a mark that is distinctive at the time of registration of the domain name, is identical or confusingly similar to the mark…”70-3a-402. Infringement.
“(3) In a civil action for a violation of Section 70-3a-309:
“(a) the plaintiff may recover court costs and reasonable attorney fees; and
“(b) the plaintiff may elect, at any time before final judgment is entered by
the district court, to recover, instead of actual damages and profits, an
award of statutory damages in the amount of not less than $1,000 and
not more than $100,000 per domain name, as the court considers just.
“(4) Statutory damages awarded under Subsection (3)(b) are presumed to be
$100,000 per domain name if there is a pattern and practice of
infringements committed willfully for commercial gain.”70-3a-403. Injury to business reputation -- Dilution.
“(a) an injunction against another person's commercial use of a mark, if the use:
“(ii) causes dilution of the distinctive quality of the mark…”70-3a-404. Remedies.
“(3) A court may enter judgment for the prevailing party:
“(a) in an action where the court finds:
“(i) the other party committed the wrongful act:
“(A) with knowledge;
“(B) in bad faith…”
(emphasis added)
Additionally, a copy of this Agenda, all referenced and related records, emails, texts, direct messages, letters of dismissal, and other memoranda, would be submitted to the courts as evidence and would become part of the public record.
Prepared by:
Joseph L. Puente
Founder/President
Utah Filmmakers™ Association