Confirm favorite deletion?
Property Keyed to Rabin
Silverman v. CBS, Inc.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
CBS, Inc. (Defendant) broadcast the “Amos ‘n’ Andy” show on the radio beginning in 1948 and on television beginning in 1951. The radio show, which first aired in the late 1920s, became one the country’s most popular radio shows. “Amos ‘n’ Andy” were black characters voiced on the radio by Gosden and Correll, who were white. They appeared in blackface in promotional materials for the radio show. The television show was aired until 1953 and on syndication until 1966. Black actors played the characters on television. Defendant owned the rights to use the name “Amos ‘n’ Andy” as well as the names and appearance of the “Amos ‘n’ Andy” characters and other distinctive features of the radio and television shows, but it had not aired or licensed any airing of radio or television shows since 1966. In 1981, Silverman (Plaintiff) sought a license to use the “Amos ‘n’ Andy” names and characters in a Broadway musical. Defendant refused, and Plaintiff filed suit seeking a declaration that the “Amos ‘n’ Andy” characters, content, and plot were in the public domain and free for anyone to use. He also sought a declaration that Defendant had no rights in these programs under trademark law. The trial court held that “Amos ‘n’ Andy” were protected marks and that Defendant had not abandoned them. Plaintiff appealed.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.