Derby Announcer Claims Trademark For “Down The Stretch They Come,” Sues Amazon

The Kentucky Derby announcer known for saying “down the stretch they come” as the horses head for the straightaway has sued Amazon. He is claiming trademark protection, and he says the company is selling merchandise that uses his trademark without permission. IP attorney Michael Lee, in his Pirated Thoughts blog, opines the case itself might be a bit of a stretch, because Amazon explicitly states that it’s not really the seller of the merchandise featured on its site. Then again, he adds, that claim itself has been controversial, given that Amazon facilitates the entire shopping and sales process, and he predicts a settlement, but not a very generous one for the announcer. An attempt to find the merchandise online – it’s a t-shirt emblazoned with the allegedly offending locution – now comes up with SORRY in all-caps, and says it can’t find the page.