Right, I should have said "nominative" rather than "descriptive", at least as far as US law is concerned. It's directly below "descriptive" in your link.
Really I wasn't trying to name the exact defence but gesture at the principal that trade marks prevent competitors from using names that might confuse customers, but they don't prevent competitors (or anyone else) from talking about the product. It was just a coincidence that I used a word that happened to also be the name of a specific kind of fair use.
Really I wasn't trying to name the exact defence but gesture at the principal that trade marks prevent competitors from using names that might confuse customers, but they don't prevent competitors (or anyone else) from talking about the product. It was just a coincidence that I used a word that happened to also be the name of a specific kind of fair use.