- Category
- Defining Matters
- Date
- Oct. 04, 2022
- Title
-
Second Circuit Affirms Dismissal of Former Howard Stern Show Personality’s Right of Publicity Claim Against Kramer Levin Client Sirius XM
On Oct. 4, 2022, the U.S. Court of Appeals for the Second Circuit affirmed the District Court’s dismissal of the right of publicity claim brought by former Howard Stern Show personality John Melendez (known as Stuttering John) against Kramer Levin client Sirius XM Radio Inc. Melendez claimed Sirius XM had violated his right of publicity by using excerpts of his appearances as “Stuttering John” from archival episodes of The Howard Stern Show in online and on-air advertisements. In a precedential opinion, the Second Circuit affirmed the lower court’s ruling that the claims were preempted by the Copyright Act and that any attempt at an amended complaint would be futile as he would be unable to overcome the preemption of his claims.
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Mark A. Baghdassarian
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Missy G. Brenner
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