Nature of the Case
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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.
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