This section contains the nature of the case and procedural background.

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.

The legal issues presented in this case will be displayed here.

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Legal analysis from Dean's Law Dictionary will be displayed here.