For Your Data Silverman V. Cbs, Inc. Example Brief
September 01, 2019
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Silverman v. CBS, Inc. representative brief summary
870 F.2d forty (1989)
CASE FACTS
Appellant wrote a script for a musical based on characters that originally appeared on defendant's radio programs. Appellant filed a trial seeking a proclamation that these radio programs broadcast before 1948 were inward the populace domain, as well as appellee counterclaimed, alleging that appellant's script violated appellee's copyrights as well as violated the Lanham Act, 15 U.S.C.S. § 1125(a) by infringing diverse trademarks.
PROCEDURAL HISTORY
The trial courtroom ruled that although pre-1948 radio programs were inward the populace domain, appellee had copyrights inward scripts for post-1948 radio programs as well as that appellant had infringed these copyrights as well as that appellant had besides infringed appellee's trademarks.
DISCUSSION
The determination was vacated every bit to trademark infringement claims, affirmed inward business office every bit to copyright infringement claims, as well as although a monetary laurels for infringement was affirmed, the representative was remanded for entry of a revised judgment including declaratory as well as injunctive relief to appellee as well as declaratory relief to appellant.
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870 F.2d forty (1989)
CASE SYNOPSIS
Appellant, scriptwriter of a Broadway musical, sought review of a determination of the District Court for the Southern District of New York, which awarded appellee radio station damages, declaratory relief, as well as an injunction, inward a adapt raising claims of trademark infringement nether the Lanham Act, 15 U.S.C.S § 1125(a), as well as copyright infringement nether the 1909 Copyright Act.CASE FACTS
Appellant wrote a script for a musical based on characters that originally appeared on defendant's radio programs. Appellant filed a trial seeking a proclamation that these radio programs broadcast before 1948 were inward the populace domain, as well as appellee counterclaimed, alleging that appellant's script violated appellee's copyrights as well as violated the Lanham Act, 15 U.S.C.S. § 1125(a) by infringing diverse trademarks.
PROCEDURAL HISTORY
The trial courtroom ruled that although pre-1948 radio programs were inward the populace domain, appellee had copyrights inward scripts for post-1948 radio programs as well as that appellant had infringed these copyrights as well as that appellant had besides infringed appellee's trademarks.
DISCUSSION
- The appellate courtroom reversed on the trademark issue, belongings that appellee had abandoned its trademarks through years of nonuse; only on the copyright infringement claim, the courtroom held that copyrights inward post-1948 radio scripts provided protection solely for increments of aspect beyond what was contained inward before radio scripts.
- Although parts of appellant's script infringed these rights, other parts did not.
The determination was vacated every bit to trademark infringement claims, affirmed inward business office every bit to copyright infringement claims, as well as although a monetary laurels for infringement was affirmed, the representative was remanded for entry of a revised judgment including declaratory as well as injunctive relief to appellee as well as declaratory relief to appellant.
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