Dave Johnson sues Amazon for trademark infringement

[dilanesp]

https://www.paulickreport.com/news/t...-infringement/

[Saratoga_Mike]

How he was ever given a trademark on such a common phrase is beyond me. Sorry, but the guy was not a good announcer.

[dilanesp]

Originally Posted by Saratoga_Mike

How he was ever given a trademark on such a common phrase is beyond me. Sorry, but the guy was not a good announcer.

I liked the guy, which is some evidence of my theory: "whichever guy was announcing the races the first time you went to the track as a kid will become your favorite announcer".

I heard a ton of Dave Johnson at Santa Anita in the 1970's and 1980's. He was accurate and exciting. There was basically universal agreement out here that he was better than Chic Anderson, whom he replaced (they switched jobs: Anderson went to NYRA and Johnson came from there).

I think what happened is that by the time he got his network jobs, he had declined somewhat and Denman and Durkin were on the scene with their much more descriptive calls. So he fell out of favor.

As for the case, "down the stretch they come" is probably distinctive enough to be trademarkable, especially on t-shirts (which is the issue in this case-- whether Johnson could preclude someone else from saying it in race calls is another issue entirely).

[Saratoga_Mike]

Originally Posted by dilanesp

I liked the guy, which is some evidence of my theory: "whichever guy was announcing the races the first time you went to the track as a kid will become your favorite announcer".

I heard a ton of Dave Johnson at Santa Anita in the 1970's and 1980's. He was accurate and exciting. There was basically universal agreement out here that he was better than Chic Anderson, whom he replaced (they switched jobs: Anderson went to NYRA and Johnson came from there).

I think what happened is that by the time he got his network jobs, he had declined somewhat and Denman and Durkin were on the scene with their much more descriptive calls. So he fell out of favor.

As for the case, "down the stretch they come" is probably distinctive enough to be trademarkable, especially on t-shirts (which is the issue in this case-- whether Johnson could preclude someone else from saying it in race calls is another issue entirely).

I'd take Marshall Cassidy/Durkin/Larry C any day, which may prove your point.

[dilanesp]

Originally Posted by Saratoga_Mike

I'd take Marshall Cassidy/Durkin/Larry C any day, which may prove your point.

Marshall Cassidy was so underrated. I remember being back at Belmont in the fall of 1988 and there was a 5 1/2 furlong race with 14 maiden 2 year olds. He managed to rattle them all off, perfectly and in order, by the time they reached the 1/2 mile pole. He then had to pause and wait about 6 seconds for the 1/4 mile split to come up.

[Tom]

Compromise, Amazon can say,"And off the shelves they come!"

[SaratogaSteve]

Originally Posted by Saratoga_Mike

I'd take Marshall Cassidy/Durkin/Larry C any day, which may prove your point.

I'd rather listen to Frank Dwyer call a fogged in race at the big A than Davey...

[thaskalos]

I thought the Johnson phrase was..."And down the stretch they come".

[Suff]

I've met his Lawyer, he did a TM for a person that I know. He's an ambitious South Florida Kid, who's breaking into the Sports Agent / Lawyer business.

https://heitnerlegal.com/insights/
note the horseshoe in his company logo.

He wrote this about California Chrome for Forbes in 2014.
https://www.forbes.com/sites/darrenh.../#5c0a4b213e98

[GMB@BP]

Originally Posted by Saratoga_Mike

How he was ever given a trademark on such a common phrase is beyond me. Sorry, but the guy was not a good announcer.

Its a common phrase now because he used it.

[castaway01]

Originally Posted by GMB@BP

Its a common phrase now because he used it.

There's no way Dave Johnson was mainstream enough to popularize that phrase anywhere but in the horse racing community, and in the horse racing community you'd be hard pressed to prove he was the first person to commonly use the term "home stretch" or "down the stretch". I don't see him winning this one, though Amazon could probably give him some of their pocket change to settle out of court.

[Thomas Roulston]

That dude from Evangeline Downs better hurry up and trademark "Ils sont partis."

[dilanesp]

Originally Posted by Thomas Roulston

That dude from Evangeline Downs better hurry up and trademark "Ils sont partis."

I don't think it is his. I think a previous guy also said it.

[stlseeeek]

Durkin/Larry C any day,

Have some standards in race callers. Durkin and Larry are boring and drab.


Not as bad as trevor denman, but those 2 could put a night owl 2 sleep

[dilanesp]

Originally Posted by castaway01

There's no way Dave Johnson was mainstream enough to popularize that phrase anywhere but in the horse racing community, and in the horse racing community you'd be hard pressed to prove he was the first person to commonly use the term "home stretch" or "down the stretch". I don't see him winning this one, though Amazon could probably give him some of their pocket change to settle out of court.

He was the first to popularize "down the stretch they come" and insert it into the wider culture. That's enough to get a trademark.