NEW YORK (Reuters) – U.S. horse racing announcer Dave Johnson, who known as Triple Crown races for ABC tv for twenty years, on Wednesday sued the makers of Invoice Murray’s 2014 movie “St. Vincent” for the use of his signature word “and down the stretch they arrive” with out permission.
FILE PHOTO: Actor Invoice Murray recites his phrases all the way through a efficiency with cellist Jan Vogler from their new album New Worlds, on the Southbank Centre in London, Britain June four, 2018. REUTERS/Peter Nicholls
Johnson, 77, a New york resident, accused the movie’s distributor Weinstein Co, the manufacturers Chernin Leisure and Crescendo Productions and different defendants of infringing his 2012 trademark within the word, one of the vital recognizable in American sports activities.
The lawsuit does no longer title Murray as a defendant.
Murray’s personality Vincent MacKenna, a grumpy retiree who drank and gambled, used the word “within the context of a race and in a transparent try to imitate” Johnson, the criticism mentioned.
Johnson mentioned this could most probably confuse the general public, tarnishing his rights to a word “inextricably connected” along with his famous person character, likeness and identification.
The lawsuit filed in New york federal courtroom seeks unspecified damages. “St. Vincent” grossed $54.eight million international, consistent with BoxOfficeMojo.com.
A attorney for the defendants didn’t straight away reply to requests for remark.
“‘And down the stretch they arrive’ embodies all this is excellent about thoroughbred racing,” Johnson’s attorney Andrew Mollica mentioned in a telephone interview. “Mr. Johnson owns that mark. If the defendants are going to place it in a big movement image that earned $54 million, they’d an obligation to hunt his permission.”
Johnson’s use of the word comes to emphasizing the phrase “down” as horses become the homestretch of a race.
In 2015, Johnson instructed The New York Occasions he started the use of the word within the 1960s, and gave it extra verve when calling races at Santa Anita Park in California to fight an historic sound gadget.
The lawsuit references different trademarked signature sports activities words, together with past due baseball broadcaster Harry Caray’s “Holy Cow!”, basketball broadcaster Dick Vitale’s “superior child” and boxing and wrestling announcer Michael Buffer’s “Let’s get able to rumble!”
Johnson stopped calling the Kentucky Derby, the Preakness and the Belmont Stakes for ABC Tv when the races moved to NBC in 2001.
Requested why Johnson didn’t sue over “St. Vincent” quicker, Mollica mentioned: “Mr. Johnson didn’t see the film, and I’m afraid I didn’t both.”
“After we knew, we moved,” he added.
The case is Johnson et al v Chernin Crew LLC et al, U.S. District Court docket, Southern District of New York, No. 18-02485.
Reporting through Jonathan Stempel in New York; Enhancing through Nick Carey