Recently, Dave Johnson, a renowned track announcer, filed a lawsuit in U.S. District Court for the Southern District of New York against Amazon Digital Services and John and Jane Does 1-10 for federal trademark infringement and dilution, deceptive acts, and violation of New York right or privacy laws.
The plaintiff alleges that the retail giant has been selling shirts that use its trademark phrase “and down the stretch they come” without permission.
The plaintiff alleges the phrase “and down the stretch they come” was registered with the U.S. Patent and Trademark Office in 2012.
A cease and desist letter with financial compensation was reportedly sent to Amazon by the plaintiff represented by attorney Andrew Mollica but went unattended to.
The lawsuit states that “decades after Dave Johnson and his use of his trademarked signature phrase became famous throughout the United States and other nations, Defendants — the world’s most successful and, lucrative online retailer of products and their principals, in the online retail industry—capitalized on Dave Johnson’s celebrity persona, likeness, identity, and his trademarked signature phrase’s celebrity and popularity.”
Johnson is seeking destruction of all sold and unsold shirts, along with any digital and print images of same, along with treble damages, court costs and attorney and expert witness fees.