Thoroughbred racing announcer Dave Johnson has gone to the whip during Derby week to try and protect his trademarked signature phrase.
Johnson — known for his "And down the stretch they come!" during calls of horse races — filed a lawsuit Tuesday in New York District Court in Manhattan against Amazon for trademark infringement over the e-commerce giant's selling T-shirts with an image of a jockey riding a thoroughbred and the caption, “DOWN THE STRETCH THEY COME,” The Sports Biz reported Wednesday.
Sportscaster Dave Johnson Files His 3rd Lawsuit In A Year Over 🐎 Racing Phrase, “Down the stretch they come!” https://t.co/aerCN39Uuq
— The Sports Biz (@TheSportsDotBiz) May 1, 2019
The phrase entered the modern lexicon — much like Michael Buffer's "Let's get ready to rumble!" and Dick Vitale's "Awesome, baby!" — as Johnson called the Kentucky Derby on ABC for more than two decades, as well as announcing the Preakness Stakes and Belmont Stakes for almost as long. He was replaced on the Triple Crown calls on TV after ABC lost the rights to NBC before the 2001 season, but continued to call the races on radio for several more years.
In his suit (via TMZ.com), Johnson, 78, describes the T-shirt as a "tacky, low quality, over-priced" item that is tarnishing his good name.
He claims he tried, through his attorney, to alert Amazon of the T-shirt and its infringement via a letter April 1, in hopes that Amazon would take down the listing. The letter to Amazon Digital Services also sought a monetary settlement. According to Johnson's complaint in district court, Amazon took no action.
A search for the T-shirt on Amazon turns up a link that in its description reads, "Buy Horse Racing Fan T-Shirt - Down The Stretch They Come" but when clicked on returns a "SORRY we couldn't find that page" message on Amazon.
Tuesday's suit is the third that Johnson, 78, has filed in roughly a year, according to The Sports Biz, which notes Johnson may have an uphill battle against Amazon, which appears to be a third-party seller of the T-shirts that are created by a vendor listed on Amazon.
Amazon hasn't formally responded to the lawsuit.
