Report: Dave Johnson sues Netflix over episode of 'The Crown'

Famed horse-racing announcer Dave Johnson is suing Netflix, alleging the popular streaming service used his voice and persona in an episode of the hit series "The Crown" without his permission, according to a news report.

According to Bill Finley of Thoroughbred Daily News, attorney Drew Mollica filed the lawsuit on Johnson's behalf with the New York Supreme Court on an unspecified date. As of midday Friday, the case did not appear in the court's online search portal.

According to TDN, the lawsuit argues that Johnson is "entitled to compensatory and exemplary damages as well as equitable relief" for the alleged misappropriation of his work as a race-caller in an episode of "The Crown" that aired on Nov. 22. The episode explored Queen Elizabeth II's introduction to horse racing, a sport she became intimately involved with for decades as a Thoroughbred owner and breeder. 

“Dave Johnson's actual voice, which is synonymous with horse racing in the United States at that period of time, is being used and is clearly audible and immediately recognizable,” TDN quoted the suit as saying.

“His historic call of the 1995 Travers played an important role in episode eight of 'The Crown' during season five and was used without his permission and he seeks compensation," it said. 

The lawsuit, which also names some Netflix subsidiaries, argues that the defendants "have invaded Dave Johnson's statutory right to privacy, misappropriated his persona and voice, and have profited at Dave Johnson's expense." 

Netflix representatives did not immediately respond to an email from Horse Racing Nation on Friday seeking comment on the suit.

Johnson, best known for his work calling the Triple Crown races for ABC Sports from the late 1970s through 2000, also served as the race-caller for the New York Racing Association racetracks as well as at the Meadowlands, Santa Anita Park and the defunct Hialeah Park. He is currently the co-host of the “Down the Stretch” show on Sirius XM radio.

This is not the first time Johnson has gone to court to seek redress for the unauthorized use of his work or persona. 

In 2018, HRN reported that he had sued the mobile game developer Tilting Point over the use of his likeness in its “Horse Racing Manager 2018” game.

TDN reported that he has sued others who have used his catchphrase “and down the stretch they come,” which he has trademarked, without his permission. In cases where he has prevailed, Johnson has donated his compensation to a racing-related charity, it said.