It really surprised me to hear about this case. Well, not really. One of my old college professors was one of the lawyers for Facenda Jr. and a daily subject of class discussion my last spring in school was the Campbell's thing. I always thought Facenda (the younger) was too sue-happy. I personally think he should be glad his father is remembered in such a esteemed light and shouldn't be trying to profit off of everything that might, kinda, sorta sound like his dad did. You cannot trademark a sound or voice. I know that many (and this was the center of my professor's whole argument) think that if a guy is trying to sound like someone famous, it's copyright infringement, but I'm from the school of as long as he doesn't say "This is John Facenda" when it clearly is not (he passed some years ago) I think it's all ok. You never know what sound someone may be going for. That's like Naomi Campbell saying to Tyra Banks (for example) "You can't model, you look too much like me and people might kinda get us confused and hurt my profits." That's just my two cents on the whole deal.
LOL this is a silly lawsuit, but he does have a right to sue (although the Campbell's soup thing is stupid as hell). The funny thing is Harry Kalas, who currently does play-by-play for the Phillies, now does NFL Films productions and he has been dubbed to have the "voice of God" as well as they claim Facenda does.