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By Matthew Berkowitz
October 28, 2008

Court Analyzes Protection for Broadcaster's Distinctive Voice

In Facenda, Jr. vs. N.F.L. Films, Inc., 07-3269 (3d Cir. Sept. 9, 2008), the N.F.L. appealed the district court's grant of summary judgment in favor of the estate of John Facenda (“the Estate”), that the N.F.L. violated the Lanham Act and Facenda's right of publicity by using small portions of his voice-over work in a television show about its football video game “Madden NFL 06.” The Third Circuit Court of Appeals affirmed the district court's grant of summary judgment with regard to the right of publicity claim, but vacated and remanded the Estate's false endorsement claim under the Lanham Act.

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