- Dołączono
- 27 Sty 2020
UPDATE 10 FEB 2026: New case number #E2026002928 - Monroe County Supreme Court (h/t @Tefteli). I'm unable to change case number in title.
Writer's note: "Stuttering John" Melendez has his own thread on the Farms, created in 2022. This case is of interest as it's the latest chapter in a long term dispute between John and two other parties, Karl Heberger of Who Are These Podcasts? and Shuli Egar of The Shuli Network; both the Plaintiff and Defendants were the catalyst for the creation of the Dabbleverse (WIP PG thread).
PARTIES
PLAINTIFF
John Melendez
"Stuttering John" Melendez is a former celebrity whose credits include The Howard Stern Show and The Tonight Show with Jay Leno. After the cancellation of The Tonight Show with Jay Leno in 2014, John turned to live streaming. During this phase of his career, he had two shows: a left-leaning political punditry show named "The Stuttering John Show", and a weekend hang-style stream titled "Beer On The Balcony".
John ceased full-time streaming at the end of 2024, and at the time of writing he ekes out a living doing stand-up comedy on a sporadic basis, along with the occasional appearance at nostalgia conventions across the USA.
DEFENDANTS
Karl Heberger
Since 2018, John has been at war with Karl Heberger from Who Are These Podcasts? (WATP) over an especially harsh review of The Stuttering John Podcast in episode #109 of WATP.
Shuli Egar
In 2021 fellow Howard Stern alumni Shuli Egar started a show dedicated to goofing on John titled "The Uncle Rico Show" on The Shuli Network YouTube channel.
The Shuli Network
The Shuli Network (TSN) is a YouTube channel operated by Shuli Egar. Originally the home of just one show (The Shuli Show), it has since expanded to several shows, including The Uncle Rico Show and Point Dabble Point, the latter being shared with WATP. Other regular contributors to TSN include Mike Morse and the Reverend Bob Levy.
Who Are These Podcasts
Who Are These Podcasts? (WATP) is a podcast co-created by Karl Heberger in 2015. WATP started out a show that mocked bad podcasts in a similar vein to how Opie and Anthony mocked bad radio shows during their "Jocktober" segments. Since then, WATP has morphed into a general internet drama podcast, collecting its own selection of lolcows along the way including Aaron Imholte and Chad Zumock.
ALLEGATIONS
COUNT I – UNAUTHORIZED COMMERCIAL USE OF NAME, IMAGE, LIKENESS, AND VOICE
Defendants have used Plaintiff John Melendez’s name, portrait/picture (image), and voice, within the State of New York, for advertising purposes and/or for purposes of trade, without Plaintiff’s written consent.
Defendants’ actions described above – including but not limited to:
(a) using Plaintiff’s name and photograph in promotional materials and online video thumbnails to attract viewers to The Shuli Network and Who Are These Podcasts broadcasts and to sell tickets to events,
(b) using Plaintiff’s voice by playing recorded audio of him during broadcasts and live shows as entertainment content to drive Defendants’ revenue, and
(c) theming entire commercial events (DabbleCon 2 and Dabble House) around Plaintiff’s persona – all constitute use of Plaintiff’s name, likeness, and voice for Defendants’ own advertising and trade purposes. These uses were intended to, and did, promote Defendants’ business ventures (their networks, shows, and events) and yielded direct commercial benefits to Defendants (including ticket sales, viewer donations, increased channel subscribers, and related merchandise sales).
COUNT II – COMMON LAW MISAPPROPRIAZTION (sic.) OF RIGHT OF PUBLICITY
At common law, it is a wrongful act to misappropriate for one’s own benefit the valuable property rights of another. Plaintiff Melendez’s name, likeness, voice, and persona have significant commercial value, as they are key aspects of his identity that he has developed and that have monetary worth in the entertainment industry.
Defendants’ misappropriation was unauthorized and in bad faith.
Plaintiff never gave permission for Defendants to exploit his persona.
Defendants’ actions were undertaken for competitive and commercial advantage, as Plaintiff Melendez earns his living through his performances, appearances, and his persona in media.
Defendants, by appropriating his persona without permission, essentially set themselves up as an unauthorized alternative source of “Stuttering John” content.
This usurped a potential market, especially in the largest market, NYC and NYC Metro (including NY Suburbs) that rightfully belongs to Plaintiff. If anyone were to profit from pay-per-view events or media derived from Melendez’s personal life, it should have been Melendez himself – not Defendants.
Defendants’ actions thus caused competitive injury to Plaintiff by siphoning off opportunities and by saturating the market with unauthorized content featuring Plaintiff, thereby diminishing the value of Plaintiff’s own brand and potential official projects.
COUNT III – UNJUST ENRICHMENT
Defendants obtained monetary benefits and other advantages by using Plaintiff’s name, likeness, voice, and persona without permission. Specifically, Defendants have received significant income from viewer donations, advertising revenue, ticket and pay-per-view sales, and perhaps merchandise or sponsorships – all as a direct result of featuring Plaintiff’s identity in their content. Those benefits were earned through the unauthorized exploitation of Plaintiff’s personal rights and reputation.
RELIEF SOUGHT
1. To stop Defendants from any further use of his name, image, likeness, voice, or persona without consent;
2. Monetary relief, including compensatory damages of no less than $300,000 to compensate for his injuries and Defendants’ profits derived from the misappropriation, and exemplary (punitive) damages of $300,000 to punish and deter Defendants’ knowing, egregious conduct;
3. An award of attorney’s fees and necessary costs and disbursements incurred in this action; and
4. Any other relief the Court deems proper.
RELATED THREADS
Stuttering John / John Edward Melendez / The Dabbler / @Stutteringjohnm
The Dabbleverse (currently WIP as at the time of posting)
Who Are These Podcasts?
Writer's note: "Stuttering John" Melendez has his own thread on the Farms, created in 2022. This case is of interest as it's the latest chapter in a long term dispute between John and two other parties, Karl Heberger of Who Are These Podcasts? and Shuli Egar of The Shuli Network; both the Plaintiff and Defendants were the catalyst for the creation of the Dabbleverse (WIP PG thread).
PARTIES
PLAINTIFF
John Melendez
"Stuttering John" Melendez is a former celebrity whose credits include The Howard Stern Show and The Tonight Show with Jay Leno. After the cancellation of The Tonight Show with Jay Leno in 2014, John turned to live streaming. During this phase of his career, he had two shows: a left-leaning political punditry show named "The Stuttering John Show", and a weekend hang-style stream titled "Beer On The Balcony".
John ceased full-time streaming at the end of 2024, and at the time of writing he ekes out a living doing stand-up comedy on a sporadic basis, along with the occasional appearance at nostalgia conventions across the USA.
DEFENDANTS
Karl Heberger
Since 2018, John has been at war with Karl Heberger from Who Are These Podcasts? (WATP) over an especially harsh review of The Stuttering John Podcast in episode #109 of WATP.
Shuli Egar
In 2021 fellow Howard Stern alumni Shuli Egar started a show dedicated to goofing on John titled "The Uncle Rico Show" on The Shuli Network YouTube channel.
The Shuli Network
The Shuli Network (TSN) is a YouTube channel operated by Shuli Egar. Originally the home of just one show (The Shuli Show), it has since expanded to several shows, including The Uncle Rico Show and Point Dabble Point, the latter being shared with WATP. Other regular contributors to TSN include Mike Morse and the Reverend Bob Levy.
Who Are These Podcasts
Who Are These Podcasts? (WATP) is a podcast co-created by Karl Heberger in 2015. WATP started out a show that mocked bad podcasts in a similar vein to how Opie and Anthony mocked bad radio shows during their "Jocktober" segments. Since then, WATP has morphed into a general internet drama podcast, collecting its own selection of lolcows along the way including Aaron Imholte and Chad Zumock.
ALLEGATIONS
COUNT I – UNAUTHORIZED COMMERCIAL USE OF NAME, IMAGE, LIKENESS, AND VOICE
Defendants have used Plaintiff John Melendez’s name, portrait/picture (image), and voice, within the State of New York, for advertising purposes and/or for purposes of trade, without Plaintiff’s written consent.
Defendants’ actions described above – including but not limited to:
(a) using Plaintiff’s name and photograph in promotional materials and online video thumbnails to attract viewers to The Shuli Network and Who Are These Podcasts broadcasts and to sell tickets to events,
(b) using Plaintiff’s voice by playing recorded audio of him during broadcasts and live shows as entertainment content to drive Defendants’ revenue, and
(c) theming entire commercial events (DabbleCon 2 and Dabble House) around Plaintiff’s persona – all constitute use of Plaintiff’s name, likeness, and voice for Defendants’ own advertising and trade purposes. These uses were intended to, and did, promote Defendants’ business ventures (their networks, shows, and events) and yielded direct commercial benefits to Defendants (including ticket sales, viewer donations, increased channel subscribers, and related merchandise sales).
COUNT II – COMMON LAW MISAPPROPRIAZTION (sic.) OF RIGHT OF PUBLICITY
At common law, it is a wrongful act to misappropriate for one’s own benefit the valuable property rights of another. Plaintiff Melendez’s name, likeness, voice, and persona have significant commercial value, as they are key aspects of his identity that he has developed and that have monetary worth in the entertainment industry.
Defendants’ misappropriation was unauthorized and in bad faith.
Plaintiff never gave permission for Defendants to exploit his persona.
Defendants’ actions were undertaken for competitive and commercial advantage, as Plaintiff Melendez earns his living through his performances, appearances, and his persona in media.
Defendants, by appropriating his persona without permission, essentially set themselves up as an unauthorized alternative source of “Stuttering John” content.
This usurped a potential market, especially in the largest market, NYC and NYC Metro (including NY Suburbs) that rightfully belongs to Plaintiff. If anyone were to profit from pay-per-view events or media derived from Melendez’s personal life, it should have been Melendez himself – not Defendants.
Defendants’ actions thus caused competitive injury to Plaintiff by siphoning off opportunities and by saturating the market with unauthorized content featuring Plaintiff, thereby diminishing the value of Plaintiff’s own brand and potential official projects.
COUNT III – UNJUST ENRICHMENT
Defendants obtained monetary benefits and other advantages by using Plaintiff’s name, likeness, voice, and persona without permission. Specifically, Defendants have received significant income from viewer donations, advertising revenue, ticket and pay-per-view sales, and perhaps merchandise or sponsorships – all as a direct result of featuring Plaintiff’s identity in their content. Those benefits were earned through the unauthorized exploitation of Plaintiff’s personal rights and reputation.
RELIEF SOUGHT
1. To stop Defendants from any further use of his name, image, likeness, voice, or persona without consent;
2. Monetary relief, including compensatory damages of no less than $300,000 to compensate for his injuries and Defendants’ profits derived from the misappropriation, and exemplary (punitive) damages of $300,000 to punish and deter Defendants’ knowing, egregious conduct;
3. An award of attorney’s fees and necessary costs and disbursements incurred in this action; and
4. Any other relief the Court deems proper.
RELATED THREADS
Stuttering John / John Edward Melendez / The Dabbler / @Stutteringjohnm
The Dabbleverse (currently WIP as at the time of posting)
Who Are These Podcasts?
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