A U.S. appeals court says the son of legendary football announcer John Facenda can sue NFL Films over the use of his father's voice.
The suit stems from the brief use of his late father's voice in a show about a John Madden video game. Facenda's contract barred commercial use of his deep, solemn voice for product endorsements.
The NFL contends the show was an artistic endeavor. But the three-judge panel ruled Tuesday the show is clearly a commercial. The program aired on the NFL Network just before the game's release.
The suit by John "Jack" Facenda Jr. now appears headed to trial unless the NFL pursues further appeals.