'Stuttering John' Melendez Lawsuit Against SiriusXM Dismissed

Melendez (Photo: s_bukley / Shutterstock.com)

A lawsuit filed last AUGUST by "STUTTERING JOHN" MELENDEZ, the former HOWARD STERN SHOW cast member and "THE TONIGHT SHOW WITH JAY LENO" announcer, against SIRIUSXM RADIO (NET NEWS 8/19/2020) has been dismissed by a U.S. District Court judge.

MELENDEZ's suit alleged that the satellite service's use of clips of his past STERN show appearances on STERN's HOWARD 100 and HOWARD 101 channels violated his statutory and common law right to publicity. Judge PAUL CROTTY ruled that the case, filed under CALIFORNIA law, was preempted by federal copyright law, and that MELENDEZ failed to show injury from SIRIUSXM's use of the tapes or that the satellite and online service gained any "commercial advantage" based on MELENDEZ's identity. 

The case was dismissed with prejudice; REUTERS reports that MELENDEZ's lawyer said that there would be an appeal.

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