SCHUBERT v. BARRIS


266 A.D.2d 104 (1999)

698 N.Y.S.2d 475

BERNARD L. SCHUBERT, as Assignee of RADIO ARTISTS CORPORATION, et al., Appellants, v. CHUCK BARRIS et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided November 18, 1999.


Although the settlement agreement in issue is ambiguous as to whether both sides thereto could simultaneously produce and broadcast a game show with the same name and/or format, summary judgment should nevertheless be granted in favor of defendants since any rights that plaintiffs may have had in or to the radio and television show "Blind Date" were abandoned in view of the more than 40-year non-use and lack of evidence demonstrating an intent to resume use in the foreseeable...

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