Dave Johnson Sues Netflix, Charges That His Voice Was Used On ‘The Crown’ Without His Consent

Retired race-caller Dave Johnson has filed suit against streaming giant Netflix and some of its subsidiaries, alleging his voice and persona were used on an episode of the popular Netflix program 'The Crown' without his permission.

Johnson is seeking compensatory and exemplary damages as well as equitable relief. The suit was filed in the Supreme Court of the State of New York, County of New York.

The allegations revolve around a show that aired on Nov. 9, 2022, which was the eighth episode of Season Five of 'The Crown'. The episode includes the storyline of how and when Queen Elizabeth II became interested in horse racing. On the show, she is shown watching races broadcast on satellite television. According to the lawsuit, the broadcast of the races includes Johnson's voice and his call of the 1995 GI Travers S. as well as other examples where Johnson's voice is used.

“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,” the suit charges.

“Mr. Johnson is very proud of his body of work as the voice of American horse racing and as such has an interest in the unauthorized use of same without his permission,” said Johnson's lawyer, Drew Mollica. “His historic call of the 1995 Travers played an important role in Episode 8 of 'The Crown' during Season 5 and was used without his permission and he seeks compensation. The complaint speaks for itself.”

Johnson has been careful to protect his brand and has sued others who have used his catchphrase “And Down the Stretch They Come,” which he has trademarked, without his authorization. In all cases, whenever Johnson has prevailed in a lawsuit he has donated his compensation to a racing related charity. Beneficiaries of Johnson's donations have included New York's Backstretch Employee Service Team, Churchill Downs' Backside Learning Center and various scholarships including the University of Arizona's Racetrack Industry Program and Southern Illinois University, as well as donations he has made to benefit disabled jockeys.

According to Netflix's own numbers. 'The Crown's' “fifth season was viewed for 107.39 million hours following its premier” and Episode Eight had a production cost of approximately $13 million. According to the complaint, in 2022 Netflix Entities garnered a total revenue from its video streaming platform that amounted to approximately $31.6 billion and that “a substantial portion of that revenue is attributable to the sale, rental, and streaming success of 'The Crown', including Season Five, Episode Eight.”

“As a proximate result of All Defendants acts and/or omissions, All Defendants, individually, collectively and acting on concert, have invaded Dave Johnson's statutory right to privacy, misappropriated his persona and voice, and have profited at Dave Johnson's expense…” the lawsuit charges.

Johnson called the GI Kentucky Derby for ABC Sports from 1978 to 1980 and from 1987 to 2000. He called the GI Preakness S. and the GI Belmont S. from 1987 to 2000. He also served as the head announcer at, among others, the NYRA tracks, the Meadowlands, Santa Anita Park and Hialeah Park. He is currently the co-host of the “Down the Stretch” show on Sirius XM radio.

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Prince Khalid bin Abdullah Inducted Into QIPCO British Champions Hall of Fame

The late Prince Khalid Bin Abdullah has been posthumously inducted into the QIPCO British Champions Series Hall of Fame, and is just the second person to be recognised within the Special Contributor category. He follows in the footsteps of 2021 inductee Queen Elizabeth II. Chosen by an independent panel of experts, in recognition of his contribution to the sport, his achievements through the breeding and racing operation Juddmonte leave a lasting legacy. The Prince's induction will be officially marked through a special presentation at York Racecourse on Wednesday, Aug. 23, the same day as the G1 Juddmonte International S., a race that Juddmonte has supported since 1989.

Crowning his achievements and influence on the racing landscape is the venerable Frankel (GB), flawless in his career and crowned Champion sire in 2021, as well as globetrotting wondermare, Enable (GB). Juddmonte-owned horses have won 76 races thus far in 2023 with Group or Grade I wins from Elite Power, Whitebeam (GB), Westover (GB), Chaldean (GB), and Set Piece (GB).

“Prince Khalid was an owner-breeder like no other, with his numerous cherished champions, including perhaps the greatest thoroughbred of them all in Frankel. Through his racing and breeding operation, Juddmonte, the Prince has left a legacy which, now under the direction of his sons, Prince Fahad, Prince Saud and Prince Ahmed, continues to have a massive influence on the sport globally, at the same time as giving great pleasure and entertainment to his family,” said Douglas Erskine Crum, Chief Executive of Juddmonte.

“Prince Khalid would have been very pleased to be recognised by the British horse racing industry in this way and, on behalf of his whole family, I thank British racing and the QIPCO British Champions Series Hall of Fame for this exceptional accolade.”

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The Queen’s Plate Renamed The King’s Plate

The historic Queen's Plate, North America's longest continuously run stakes race, will be renamed The King's Plate. Woodbine will run the next edition of the Canadian Classic Sunday, Aug. 20. Entry conditions for the 2023 King's Plate are unchanged with the race remaining open to all 3-year-old Thoroughbreds foaled in Canada.

“The Plate is one of the most celebrated events in horse racing, and we're proud to celebrate its history while starting a new chapter under the banner of The King's Plate,” said Jim Lawson, Woodbine Entertainment's CEO. “Those who attend can expect more than elite-level horse racing. They can soak in the elements of food, fashion, and culture that have become associated with this prestigious annual event while enjoying moments designed for a new generation of race fans. We're excited to share more details about The King's Plate in the months to come.”

First run in 1860 with a purse of 50 guineas from Queen Victoria to Canadian-bred horses, the prize from the British monarchy still continues this day. The Queen's Plate was renamed in 1901 to The King's Plate during the reign of four consecutive kings, then returned to The Queen's Plate moniker in 1952 when Queen Elizabeth II ascended the throne. In September, King Charles III was named British monarch.

The King's Plate is Canada's oldest and most prestigious Thoroughbred race and the 2023 running, worth $1 million and the first leg of the Canadian Triple Crown, will mark the 164th edition.

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Keeneland Honors Queen Elizabeth II

Edited Press Release

Keeneland has planted six cherry trees–three on either side of the infield tote board–in tribute to Her Majesty Queen Elizabeth II, who passed away Sept. 8. A lifelong horsewoman, Queen Elizabeth II attended the races at Keeneland Oct. 11, 1984, for the inaugural running of the Queen Elizabeth II Challenge Cup, for which she presented the trophy. The 39th edition of the GI Queen Elizabeth II Challenge Cup, presented by Dixiana, will be contested Saturday.

The tree planting at Keeneland is part of The Queen's Green Canopy initiative to mark The Queen's Platinum Jubilee and to serve as a living legacy to her “extraordinary service to her country and her people.”

“Queen Elizabeth II was an unmatched horsewoman and a tremendous patron of Thoroughbred racing,” Keeneland President and CEO Shannon Arvin said. “We were fortunate to have welcomed The Queen to Keeneland and Central Kentucky, and her visits to the Bluegrass created a lasting connection. We are honored to pay tribute to her racing legacy.”

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