Ex Howard Stern Performer Meets Frosty 2nd Cir. in Sirius Suit

Counsel for “Stuttering John” Melendez encountered a Second Circuit wary of his bid to revive his publicity rights claim against Sirius XM Radio Inc. during oral argument Tuesday.

John Melendez, who performed on Howard Stern’s radio show from 1988 to 2004, wants the U.S. Court of Appeals for the Second Circuit to reverse dismissal of his claims that Sirius used his persona to promote its programming without his permission.

Circuit Judge Joseph F. Bianco pushed back on Melendez’s claim that the satellite radio company using clips of a show to promote a show to which they had acquired a copyright ...