Howard Stern Ads Clear of Performer’s Rights, 2nd Cir. Says (2)

Sirius XM Radio Inc.'s Howard Stern ads don’t violate the publicity rights of “Stuttering John,” a former performer on the show, the Second Circuit affirmed Tuesday.

John Melendez, who performed on the show from 1988 to 2004, argued that Sirius XM used his name and likeness to advertise for the show without his permission. But a district court found that any audience for the ads would construe clips of Melendez on the show as promoting the show and its material, not suggesting Melendez endorsed it.

In March, a US Court of Appeals for the Second Circuit panel expressed skepticism of ...