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NEW YORK :John Melendez, a former Howard Stern sidekick identified by his alter ego Stuttering John, on Tuesday misplaced his enchantment in a lawsuit claiming that Sirius XM Holdings Inc improperly exploited his superstar on channels devoted to the radio and tv host.
In a 3-0 choice, the 2nd U.S. Circuit Court docket of Appeals in Manhattan rejected Melendez’s declare that Sirius owed damages for utilizing his title, persona and voice from previous recordings in promoting with out permission, to be able to add and retain listeners.
Circuit Decide Joseph Bianco stated Melendez didn’t plausibly allege that Sirius “usurped his id” through the use of his title or likeness unbiased of airing excerpts from previous episodes, which means that federal copyright regulation preempted his “proper of publicity” claims.
In a 34-page choice, Bianco distinguished Melendez’s lawsuit from circumstances through which judges allowed proper of publicity claims the place sound-alikes mimicked singer Bette Midler’s voice to promote Ford automobiles and singer Tom Waits’ voice to promote Doritos.
“To the extent that Melendez seems in Sirius XM’s promotional materials, his appearances are in connection to a product to which he has a really related connection: the (Howard Stern) Present through which he appeared as a outstanding forged member for over fifteen years,” Bianco wrote.
Melendez has stated he averaged a $35,000 wage whereas working for Stern. His lawyer Michael Popok stated Melendez ought to have been compensated “for years of artistic work for which he was not adequately paid.”
Sirius and its lawyer Mark Baghdassarian declined to remark.
Melendez appeared on Stern’s radio present from 1988 to 2004, and later grew to become the announcer for NBC’s “The Tonight Present With Jay Leno.”
He left Stern’s present the identical 12 months Stern struck a five-year, $500 million settlement to leap to New York-based Sirius from standard airwaves, starting in 2006.
That settlement included airings of previous exhibits, and Melendez estimated that the archives included 13,000 hours of episodes that includes him.
Tuesday’s choice upheld a June 2021 ruling by U.S. District Decide Paul Crotty in Manhattan.
Melendez has had a speech obstacle since childhood. Stern dubbed him Stuttering John, and he grew to become identified for asking impertinent inquiries to celebrities.
The case is Melendez v. Sirius XM Radio Inc, 2nd U.S. Circuit Court docket of Appeals, No. 21-1769.
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