According to the New York Post, Dave Johnson — the announcer known for his often copied (but also trademarked) “and down the stretch they come!” call — is suing over a separate use of his identity.
The announcer in the mobile app game “Horse Racing Manager 2018” bears a strong likeness to Johnson, even down to the gold tie and open, presenting hand that’s a common mannerism of the legendary race caller.
Johnson discovered the similarities in June, the lawsuit says, after a friend called to talk about his presence in the game.
“It was a complete surprise,” lawyer Andrew J. Mollica told the New York Post. “(Johnson) had no idea.”
The lawsuit was filed against Tilting Point, which has also partnered to produce the popular "Food Truck Chef" app downloaded more than five million times.
Johnson never sued over use of “and down the stretch they come!” But part of trademarking it meant the ability to create T-shirts that benefitted disabled jockeys. This week, the University of Arizona’s Race Track Industry Program also announced a scholarship from Johnson to benefit a student pursuing lines of work such as track management, publicity or announcing.
While Larry Collmus now calls all three legs of the Triple Crown for NBC, Johnson remains active, hosting a radio show called “Down The Stretch”
As for the Horse Racing Manager app, well, it seems Johnson has quite a case: