Howard Stern’s former longterm sidekick John Melendez — who was famously nicknamed “Stuttering John” — has misplaced an enchantment of his lawsuit claiming that SiriusXM exploited his identify and voice to advertise Stern’s exhibits.
Melendez — who left Stern’s radio present in 2004 after 15 years — filed go well with in opposition to the community in 2020 claiming it was utilizing previous recordings on two channels devoted to Stern to draw listeners with out his permission.
On Tuesday, Manhattan’s 2nd Circuit Courtroom of appeals unanimously upheld a decrease court docket’s 2021 resolution tossing Melendez’s go well with, discovering that SiriusXM doesn’t owe Melendez any damages.
Melendez claimed that Sirius owed him damages for utilizing recordings of his voice to advertise Stern regardless of having break up with the present in 2004.
Melendez was on "The Howard Stern Present" for 15 years.
Melendez claimed Sirius was utilizing the recordings with out his permission.
The ruling discovered that Melendez wasn’t coated by federal copyright legal guidelines as a result of he did not allege that SiriusXM made cash off of his identify reasonably than off of the archival episode excerpts they aired that featured his voice.
Melendez was on “The Howard Stern Present” from 1988 to 2004 when he left for NBC’s “The Tonight Present With Jay Leno.” Stern gave Melendez his nickname due to his lifelong speech obstacle.
Stern’s present moved from the radio to Sirius in 2006 underneath a five-year $500 million contract — that included the rights to air previous exhibits that includes Melendez.
“Whereas we respectfully disagree with the court docket’s ruling, we word that it took them 34 pages to render its resolution and the 2nd used this case as the chance to make clear the prevailing regulation within the Circuit,” Melendez’ lawyer Michael Popok informed The Submit.
“Mr. Melendez had a meritorious enchantment looking for to reverse the dismissal of his case and will have been on the successful finish of a case looking for to compensate him for years of inventive work for which he was not adequately paid,” Popok stated.
Legal professionals for SiriusXM didn’t instantly return a request for remark.
With Submit wires
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