23 October 2023 , 15:04
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The legendary broadcaster who coined the most famous catchphrase in horse racing is suing Netflix over an episode of the hit show ‘The Crown’.
As racing commentator for the major US networks for more than 20 years, Dave Johnson’s calls became uniquely distinguishable for the line, “And down the stretch they come”.
The words were so widely used in campaigns, advertising and movies that Johnson trademarked the phrase in 2012 to stop others profiting without his consent.
Johnson, who still hosts his own show on radio, has used the proceeds from use of his trademark phrase to donate over $250,000 to a number of horse racing charities.
Now he is seeking “compensatory and exemplary damages, as well as equitable relief” in a lawsuit filed in New York on his behalf by attorney Drew Mollica.
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The suit alleges streaming service Netflix were guilty of “intentional, and wrongful use of Dave Johnson’s actual persona and voice, without his written consent", in episode eight of season five of the show, which aired in November 2022.
The storyline covers Queen Elizabeth II’s passion for horse racing and shows her watching races on TV in 1995 when, it is alleged, Johnson’s distinctive voice can be heard.
Dave Johnson: legendary broadcaster is suing Netflix (YouTube)Mollica said: "Mr Johnson is very proud of his body of work as the voice of American racing. He takes an interest in his race calls and their historic value.
“They used his race call in The Crown without his permission and he seeks compensation for it. It’s very straightforward.” He added: “It should be noted that Mr Johnson is very philanthropic. He doesn’t protect his image for any reason other than charity.”