Does the First Amendment provide an infringer blanket immunity for trademark infringement across all categories of goods so long as they can claim their first use was in an 'expressive work'?

QUESTIONS PRESENTED Petitioner Diece-Lisa Industries, Inc. owns the federally registered trademark LOTS OF HUGS for toys, which includes stuffed animals like pink teddy bears. Respondent Disney Store USA, LLC sells a pink teddy bear called “Lots-O’-Huggin’” Bear. Despite evidence there is a likelihood of confusion, the appellate court found Disney’s sale of these bears to be permissible as a matter of law because respondent’s bear first appeared in a cartoon movie, Toy Story 3. The questions presented are: 1. Does the First Amendment provide an infringer blanket immunity for trademark infringement across all categories of goods so long as they can claim their first use was in an “expressive work”? 2. Assuming the First Amendment provides some level of immunity against forward trademark infringement, should courts apply the test specifically crafted for forward confusion cases in cases of reverse trademark infringement?