Ex-Howard Stern Employee 'Stuttering John' Melendez Vows To Appeal Lawsuit Dismissal In Battle Against Shock Jock & SiriusXM, Implies Other Former Staffers May Join His Fight
Sept. 7 2021, Published 5:34 p.m. ET
Ex-Howard Stern employee "Stuttering John" Melendez is vowing to appeal his lawsuit dismissal in his battle against the famed shock jock and SiriusXM, and says other former staffers may follow suit.
In his filing from last August, Melendez sought unspecified damages from Sirius XM Holdings Inc., claiming the company profited from illegally exploiting his celebrity on channels dedicated to Stern.
Melendez alleged that SiriusXM and Stern used his name, persona and voice from old recordings without his permission in order to attract more listeners and sell more advertising.
In June, however, United States District Judge Paul Crotty in Manhattan, New York, ruled that federal copyright law preempted Melendez's claims that the company had violated his publicity rights under California law.
During a recent appearance on Kermit And Friends, Melendez told host and former Howard Stern writer Elisa Jordana he was not embarrassed by the loss in court and that he was in the process of appealing the decision.
"I'm appealing right now," he explained. "And just keep in mind, there are a lot of people behind me. I can give names: Steve Grillo and Scott DePace and Doug Goodstein. There are a lot of people who are being abused, their likeness being abused. They don't wanna be played anymore."
When Jordana asked why, Melendez spoke on behalf of DePace, specifically, saying, "Because he has another job, directing another show. He doesn't want what he said 15 years ago to now be replayed and replayed nonstop on Sirius..."
"So it's just a horrible abuse that SiriusXM has done," he went on. "I'm not embarrassed by it. I'm the first of many who are incredibly livid about the higher-ups at SiriusXM."
When Jordana argued that the continued exposure may have actually helped his career, Melendez countered, "I don't make a dime off it."
Melendez left The Howard Stern Show in 2004 and joined NBC's The Tonight Show with Jay Leno.
In his conversation with Jordana, he cited his years of working for the late-night comedian, claiming, "Whenever they use anything from those 10 years that I was there – any little clip – I get a residual check for like two or three grand."