John Melendez: who used to work with Howard Stern and was known as "Stuttering John," lost his appeal in a lawsuit on Tuesday.

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He said that Sirius XM Holdings Inc. took advantage of his fame on channels dedicated to the radio and TV host.

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The 2nd U.S. Circuit Court of Appeals in Manhattan ruled 3-0 against Melendez’s claim that Sirius owed him money for using his name, persona,

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and voice from old recordings without his permission in advertising to get and keep listeners.

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Circuit Judge Joseph Bianco said that Melendez didn’t have a good reason to say that Sirius "usurped his identity" by using his name or likeness without

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showing clips from old episodes. This meant that his "right of publicity" claims were invalidated by federal copyright law.

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In a 34-page decision, Bianco set Melendez’s lawsuit apart from other rights of publicity cases in which sound-alikes used Bette Midler’s voice to sell Ford cars

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and Tom Waits’ voice to sell Doritos. Bianco wrote that Melendez’s appearances in Sirius XM’s advertising are related to the Howard Stern Show,

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where he was a prominent cast member for more than 15 years.

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Melendez has said that while he worked for Stern, he made an average of $35,000. Melendez’s lawyer, Michael Popok, said that Melendez should have been paid

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