By Sophia Pearson
July 26 (Bloomberg) -- The National Football League was sued by the estate of John Facenda, the late narrator of NFL Films, over the use of his ``voice of doom'' in an infomercial.
Facenda's voice was featured in an hour-long show that promoted the video game Madden 2006, Paul Lauricella, the family's attorney, said in a July 18 interview. The lawsuit in federal court in Philadelphia seeks more than $150,000 in damages from the NFL and its NFL Films unit.
``They didn't have permission to use the voice,'' said Lauricella, an attorney with The Beasley Firm in Philadelphia.
Facenda, who died in 1984 at age 71, was a Philadelphia radio reporter and television anchorman before becoming narrator for NFL Films in the mid-1960s. He stayed in the job for two decades and received the Pro Football Hall of Fame's Daniel F. Reeves Pioneer Award in 1986.
``We believe that these allegations are unfounded and without merit,'' NFL spokesman Brian McCarthy said in a July 18 e-mail. ``We will review the matter with our attorneys and look forward to responding as directed by the court.''
Facenda's first deal with NFL Films founder Ed Sabol was done on a ``handshake,'' Lauricella said. A contract signed in 1980 allowed NFL Films to use his voice so long as it didn't endorse a product or service.
NFL Films aired ``The Making of Madden 2006'' last August to help advertise the game named after television commentator John Madden. The opening scenes featured Facenda's voice, Lauricella said. The Madden series is the best-selling sports video game in history, with more than 43 million copies sold since its inception in 1989.
The suit, which asks for a jury trial, accuses the NFL of invasion of privacy and unauthorized use of Facenda's likeness. Facenda's family settled a suit against Campbell Soup Co. over a sound-alike last year, Lauricella said, declining to give details.
The case is John Facenda Jr. v. NFL Films Inc. et al, 06- cv-03128, U.S. District Court, Eastern District of Pennsylvania (Philadelphia).
To contact the reporter on this story: Sophia Pearson in Wilmington, Delaware Spearson3@bloomberg.net
Last Updated: July 26, 2006 13:27 EDT
HOME
