program. Because the defense is sufficient, Defendants are not liable with regard to Plaintiffs’ dilution claims. Defendants title “Finding Rin Tin Tin: The Adventure Continues” is a fair use of the term “Rin Tin Tin” and is protected by the First Amendment from Plaintiffs’ claims of confusion and dilution. Plaintiffs’ have failed to raise any issues of material fact with regard to the three elements of the “fair use” test. Accordingly, the Court grants Defendants’ Motion for Summary Judgment as a matter of law. Fed.R.Civ.P. 56. Furthermore, where the First Amendment applies to protect titles and works from federal claims of confusion and dilution, it also extends to state-based claims of infringement, dilution, and unfair competition. TMI, Inc. v. Maxwell, 368 F.3d 433 (5th Cir.2004) (<HOLDING>). Therefore, the Court’s finding of “fair use”
holding statute criminalizing speech intended to influence a juror did not violate the first amendment holding first amendment claim requires actual protected conduct holding that the texas antidilution statute was not intended to address nontrademark uses of a name protected by the first amendment holding that private possession of child pornography is not protected by the first amendment holding that possession of marijuana is not protected by the free exercise clause of the first amendment