that’s besides the point, isn’t it?
A contract is a contract. CBS is the bad guy here...
Only, well, they aren't, since they helped the restaurant ensure that they were not infringing on the copyright. The restaurant changed their character's image to remove the rope belt, changed the shirt, added suspenders - just enough to ensure that they weren't infringing. There was no contract between CBS and the restaurant to license the character or their use of the name.
So, well, the lawsuit is pretty much dead in the water before it even started. But hey, some lawyer's going to make money.
sounds that way to me as well.