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.
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