Silverman v. CBS, Inc.
United States Court of Appeals for the Second Circuit
870 F.2d 40 (1989)
Relevant factsFree
CBS (defendant) held rights to the "Amos 'n' Andy" radio and television show names and characters but had not aired or licensed them since 1966; when Silverman (plaintiff) sought a license for a Broadway musical in 1981 and was refused, he sued for a declaration that the characters and content were in the public domain, and the trial court held the marks were protected and not abandoned.
IssueFree
Whether a mark is deemed abandoned if its use has been discontinued with intent not to resume.