SILVERMAN V. CBS, INC.
870 F.2d 40 (2nd Cir. 1989)
NATURE OF THE CASE: This was a dispute over Amos and Andy.
FACTS: Amos and Andy were created by Gosden and Correll who eventually assigned the
rights to CBS, Inc. In 1981, Silverman began writing a script for a Broadway musical based
on the Amos and Andy characters. Silverman sought to license the use of Amos and Andy but
CBS refused. P sued claiming that the prior radio programs from 1928 to 1948 were in the
public domain and that Silverman was free to use their content. After a bench trial it was
concluded that CBS had not abandoned its marks. Silverman appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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