Categories: Sports Disputes

Voice Of The Kentucky Derby Sues Video Game Developers For Use Of Likeness

An individual who has experience serving as the voice of the Kentucky Derby and the Triple Crown for ABC is suing video game developers Tilting Point Media, LLC and Third Time, Inc. for a violation of his publicity rights. Dave Johnson says that the defendants have been using his image, portrait and/or likeness to advertise and trade their video game “Horse Racing Manager 2018.”

The lawsuit, filed on August 14 in the Supreme Court of the State of New York for the County of New York, states that the defendants used Johnson’s likeness in the videogame without his consent and to add authenticity and create a real-life racing experience. Johnson’s position is that such use constitutes a blatant violation of the Civil Rights Law of the State of New York and invasion of his privacy.

Screenshot from affidavit of Dave Johnson.
Darren Heitner @DarrenHeitner

Darren Heitner is the creator of The Sports Biz. He is the owner of the South, Florida-based HEITNER LEGAL, P.L.L.C., which is a law firm that focuses on transactional, intellectual property and litigation work with a heavy emphasis on sports and entertainment issues. He is also the founder of Sports Agent Blog and an author of 2 books published by the American Bar Association -- How to Play the Game: What Every Sports Attorney Needs to Know (1st and 2nd Editions). Heitner contributed to Forbes and Inc. for many years.

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