Dave Johnson files suit against video game company

Dave Johnson, the former television announcer for the Triple Crown and numerous racetracks, has filed a lawsuit against the maker of a mobile horseracing game for unauthorized use of his likeness.

The lawsuit, filed on Monday in New York County Supreme Court by Johnson’s attorney Drew Mollica, alleges that Tilting Point has been using a character based on Johnson to narrate races in the game Horse Racing Manager 2018. Screenshots from the game show an announcer who looks nearly identical to Johnson.

The game was released in May this year. It has approximately 2,700 reviews, but it is not clear if all of those reviews were generated by real people.

Johnson has been retired from racecalling since 2000 but now hosts a weekly radio show. He found out about the game through a friend of his who called to congratulate him on his appearance in the video game, Mollica said. Johnson was surprised to discover his likeness, and he says that no one associated with the game ever contacted him prior to its release, Mollica said.

“To say Dave was astonished is to say the least,” said Mollica. “It’s like they stole his soul.”

The lawsuit demands that the game stop using the character and also seeks unspecified damages for violations of state copyright law and invasion of privacy.

Tilting Point did not respond to a request for comment emailed to the company.