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A television production company and affiliated network decided to create and broadcast a fictional series about a company, notwithstanding their alleged knowledge of an existing business that used a brand name and made products that were essentially the same as those of the television series. Moreover, the production company decided to sell associated products in the same category sold by the pre-existing business under its brand. What distinguishes a First Amendment-protected use of that pre-existing mark from an actionable infringement?
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