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Under the US Federal Trademark Law, the Lanham Act, apply the pertinent provisions that pertains to the case questions and provide a brief rationale of

Under the US Federal Trademark Law, the Lanham Act, apply the pertinent provisions that pertains to the case questions and provide a brief rationale of your position.

Jillian registers the domain names SunnynFunnySucks.com and WatchDonnyFail.com to get back at the company named Sunny n Funny and the CEO, Donny, whom Jilliam dislikes.

SunnynFunnySucks.com links to a one-page Website that just contains the statement: "SUNNY N' FUNNY is NOT sunny or funny. ANIMALS BELONG IN NATURE, NOT ON STAGE. Do NOT vote for DANGEROUS DONNY."

Meanwhile, WatchDonnyFail.com links to a news Website that compiles articles relating to Donny's run for Senate, many of which are critical of Donny's candidacy.

Through both Websites, Jillian sells t-shirts with the words "SUNNY N' FUNNY is NOT sunny or funny" printed on the front and "Tell Donny to Sit Down" printed on the back.

  1. Can the company successfully sue Jillian for likelihood of dilution of its trademark? Why or why not? If so, under which theory of dilution could the company sue her?
  2. Are any of Jillian's actions protected by the Free Speech Clause of the First Amendment? Why or why not?

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